Insertion of regulation 42A

22.  After regulation 42 (compliance with regulations) insert—

“Application of these Regulations with modifications for short breaks

42A.— (1) In the circumstances set out in paragraph (2), these Regulations apply in relation to a child accommodated in a children’s home with the modifications set out in paragraph (3).

(2) The circumstances are that—

(a) the child is not in the care of the local authority, and

(b) the child is placed in a series of short term placements within children’s homes (“short breaks”), where—

(i) no single placement is intended to last for more than 17 days,

(ii) at the end of each placement the child returns to the care of the child’s parent or a person who is not the child’s parent but who has parental responsibility for that child, and

(iii) the short breaks do not exceed 75 days in total in any period of 12 months.

(3) The modifications are that regulations 15(1)(a), 18(1) and 20(2)(a) and (d) do not apply in relation to that child.”.