4(1)Section 71(1)(b) does not apply in relation to any child looked after in—
(a)a registered children’s home;
(b)a voluntary home;
(c)a community home;
(d)a residential care home, nursing home or mental nursing home required to be registered under the M1Registered Homes Act 1984;
(e)a health service hospital;
(f)a home provided, equipped and maintained by the Secretary of State; or
(g)an establishment which is required to be registered under section 61 of the M2Social Work (Scotland) Act 1968.
(2)The exemption provided by sub-paragraph (1) only applies where the child concerned is being looked after in accordance with provision for day care made by—
(a)the department, authority or other person carrying on the establishment in question as part of the establishment’s activities; or
(b)a person employed to work at that establishment and authorised to make that provision as part of the establishment’s activities.
(3)In this paragraph “a health service hospital” includes a health service hospital within the meaning of the M3National Health Service (Scotland) Act 1978.
Modifications etc. (not altering text)
C1Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
Commencement Information
I1Sch. 9 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations