Children and Young People (Scotland) Act 2014

72 Orders which are kinship care orders

(1) In section 71, “kinship care order” means—

(a) an order under section 11(1) of the 1995 Act which gives to a qualifying person the right mentioned in section 2(1)(a) of that Act in relation to a child,

(b) a residence order which has the effect that a child is to live with, or live predominantly with, a qualifying person, or

(c) an order under section 11(1) of the 1995 Act appointing a qualifying person as a guardian of a child.

(2) For the purposes of subsection (1), a “qualifying person” is a person who, at the time the order is made—

(a) is related to the child,

(b) is a friend or acquaintance of a person related to the child, or

(c) has such other relationship to, or connection with, the child as the Scottish Ministers may by order specify.

(3) But a parent of a child is not a “qualifying person” for the purposes of subsection (1).

(4) The references in subsection (2) to a person who is related to a child include a person who is—

(a) married to or in a civil partnership with a person who is related to the child,

(b) related to the child by the half blood.