5A child is not a privately fostered child while—
(a)he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—
(i)section 1 of the [1976 c. 36.] Adoption Act 1976;
(ii)section 1 of the [1978 c. 28.] Adoption (Scotland) Act 1978; or
(iii)Article 3 of the [S.I. 1987/2203 (N.I. 22).] Adoption (Northern Ireland) Order 1987; or
(b)he is a protected child.