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Children Act 1989

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This is the original version (as it was originally enacted).

63Children not to be cared for and accommodated in unregistered children’s homes

(1)No child shall be cared for and provided with accommodation in a children’s home unless the home is registered under this Part.

(2)The register may be kept by means of a computer.

(3)For the purposes of this Part, “a children’s home”—

(a)means a home which provides (or usually provides or is intended to provide) care and accommodation wholly or mainly for more than three children at any one time; but

(b)does not include a home which is exempted by or under any of the following provisions of this section or by regulations made for the purposes of this subsection by the Secretary of State.

(4)A child is not cared for and accommodated in a children’s home when he is cared for and accommodated by—

(a)a parent of his;

(b)a person who is not a parent of his but who has parental responsibility for him; or

(c)any relative of his.

(5)A home is not a children’s home for the purposes of this Part if it is—

(a)a community home;

(b)a voluntary home;

(c)a residential care home, nursing home or mental nursing home;

(d)a health service hospital;

(e)a home provided, equipped and maintained by the Secretary of State; or

(f)a school (but subject to subsection (6)).

(6)An independent school is a children’s home if—

(a)it provides accommodation for not more than fifty children; and

(b)it is not approved by the Secretary of State under section 11(3)(a) of the [1981 c. 60.] Education Act 1981.

(7)A child shall not be treated as cared for and accommodated in a children’s home when—

(a)any person mentioned in subsection (4)(a) or (b) is living at the home; or

(b)the person caring for him is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.

(8)In this Act “a registered children’s home” means a children’s home registered under this Part.

(9)In this section “home” includes any institution.

(10)Where any child is at any time cared for and accommodated in a children’s home which is not a registered children’s home, the person carrying on the home shall be—

(a)guilty of an offence; and

(b)liable to a fine not exceeding level 5 on the standard scale,

unless he has a reasonable excuse.

(11)Schedule 6 shall have effect with respect to children’s homes.

(12)Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated as carrying on a children’s home.

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