Part 1Children’s care system

Chapter 3Provision of children’s care services

Requirements on certain care providers

28Fostering services to be charities

(1)

The Public Services Reform (Scotland) Act 2010 is amended as follows.

(2)

In section 59 (registration of care services), for subsection (3) substitute—

“(3)

A person who provides—

(a)

an adoption service must be a voluntary organisation,

(b)

a fostering service must be a charity.”.

(3)

In section 105 (interpretation of Part 5)—

(a)

in subsection (1)—

(i)

at the appropriate place in alphabetical order insert—

““charity” means a non-natural person—

(a)

registered in the Scottish Charity Register,

(b)

which—

  1. (i)

    is registered as a charity in England and Wales in accordance with section 30 of the Charities Act 2011, or

  2. (ii)

    by virtue of subsection (2) of that section, is not required to register as a charity under that section, or

(c)

which—

  1. (i)

    is registered as a charity in Northern Ireland in accordance with section 16 of the Charities Act (Northern Ireland) 2008, or

  2. (ii)

    by virtue of subsection (2A) of that section, is not required to register as a charity under that section,”,

(ii)

in the definition of “voluntary organisation”—

(A)

the words from “means” to the end become paragraph (a),

(B)

after that paragraph, insert—

“(b)

includes, in particular, a charity,”,

(b)

after subsection (3) insert—

“(4)

The Scottish Ministers may by regulations modify the definition of “charity” in subsection (1) so as to specify further descriptions of person who are a charity for the purposes of this Part.”.

(4)

In section 104 (orders and regulations: procedure), in subsection (2), after “82B(1)” insert “, 105(4)”.