The Fostering Services (Wales) Regulations 2003

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

“the 2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;

“appropriate office” (“swyddfa briodol”) means in relation to a fostering service—

(a)

if an office has been specified under paragraph (2) for the area in which the fostering service is situated, that office;

(b)

in any other case, any office of the National Assembly;

“approval” (“cymeradwyaeth”) means approval as a foster parent in accordance with regulation 28 and references to a person being approved are to be construed accordingly;

“area authority” (“awdurdod ardal”) means the local authority in whose area a child is placed, in any case where that local authority is not the child’s responsible authority;

“assessment” (“asesiad”) is to be construed in accordance with regulation 27(1);

“child protection enquiries” (“ymholiadau amddiffyn plant”) has the meaning given to it by regulation 12(4);

“children’s guide” (“arweiniad plant”) means the written guide produced in accordance with regulation 3(3);

“foster care agreement” (“cytundeb gofal maeth”) has the meaning given to it by regulation 28(5)(b);

“foster placement agreement” (“cytundeb lleoliad maeth”) has the meaning given to it by regulation 34(3);

“foster parent” (“rhiant maeth”) means a person with whom a child is placed, or may be placed under these Regulations, except that, in Parts IV and V of these Regulations it does not include a person with whom a child is placed under regulation 38(2);

“fostering panel” (“panel maethu”) means a panel established in accordance with regulation 24;

“fostering service” (“gwasanaeth maethu”) means—

(a)

a fostering agency within the meaning of section 4(4) of the 2000 Act; or

(b)

a local authority fostering service;

“fostering service provider” (“darparydd gwasanaeth maethu”) means—

(a)

in relation to a fostering agency, a registered person; or

(b)

in relation to a local authority fostering service, a local authority;

“general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner who—

(a)

provides general medical services under Part II of the National Health Service Act 1977(1);

(b)

performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997(2); or

(c)

provides services which correspond to services provided under Part II of the National Health Service Act 1977 otherwise than in pursuance of that Act;

“independent fostering agency” (“asiantaeth faethu annibynnol”) means a fostering agency within the meaning of section 4(4)(a) of the 2000 Act (discharging functions of local authorities in connection with the placing of children with foster parents);

“local authority fostering service” (“gwasanaeth maethu awdurdod lleol”) means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the 2000 Act;

“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“organisation” (“corff”) means a body corporate;

“parent” (“rhiant”) in relation to a child, includes any person who has parental responsibility for the child;

“placement” (“lleoliad”) means any placement of a child made by—

(a)

a local authority under section 23(2)(a) of the 1989 Act or a voluntary organisation under section 59(1)(a) of the 1989 Act which is not—

(i)

a placement with a person who falls within section 23(4) of that Act; or

(ii)

a placement for adoption; and

(b)

except in Part V of these Regulations includes a placement arranged by an independent fostering agency acting on behalf of a local authority,

and references to a child who is placed are to be construed accordingly;

“registered manager” (“rheolwr cofrestredig”) in relation to a fostering agency means a person who is registered under Part II of the 2000 Act as the manager of the fostering agency;

“registered person” (“person cofrestredig”) in relation to a fostering agency means any person who is the registered provider or the registered manager of the fostering agency;

“registered provider” (“darparydd gwasanaeth maethu”) in relation to a fostering agency means a person who is registered under Part II of the 2000 Act as the person carrying on a fostering agency(3);

“responsible authority” (“awdurdod cyfrifol”) means, in relation to a child, the local authority or voluntary organisation as the case may be, responsible for the child’s placement;

“responsible individual” (“unigolyn cyfrifol”) is to be construed in accordance with regulation 5(2)(b)(i);

“statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 3(1).

(2) The National Assembly may specify an office controlled by it as the appropriate office in relation to fostering services situated in a particular area of Wales.

(3) In these Regulations, a reference

(a)to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b)in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(4) In these Regulations, unless the contrary intention appears, references to employing a person include—

(a)employing a person whether or not for payment;

(b)employing a person under a contract of service or a contract for services;

(c)allowing a person to work as a volunteer;

but do not include allowing a person to act as a foster parent, and references to an employee or to a person being employed is to be construed accordingly.

(3)

By section 121(4) of the 2000 Act the person who carries on a fostering agency falling within section 4(4)(b) of that Act (a voluntary organisation which places children with foster parents under section 59(1) of the 1989 Act) is the voluntary organisation itself.