PART IIIREGULATION OF ESTABLISHMENTS AND AGENCIES

Preliminary

Children's homes9.

(1)

Paragraphs (2) to (5) have effect for the purposes of this Order.

(2)

An establishment is a children's home (subject to paragraphs (3) and (4)) if it provides care and accommodation wholly or mainly for children.

(3)

An establishment is not a children's home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.

(4)

An establishment is not a children's home if it is—

(a)

a hospital;

(b)

a school;

(c)

a residential care home;

(d)

a nursing home;

(e)

a juvenile justice centre;

(f)

used primarily for the accommodation of homeless persons; or

(g)

used primarily for or in connection with the provision of cultural, recreational, leisure, social or physical activities,

or if it is of a description excepted by regulations.

(5)

For the purposes of this Article a person is a foster parent in relation to a child if—

(a)

he is an authority foster parent in relation to the child;

(b)

he is a foster parent with whom a child has been placed by a voluntary organisation under Article 75(1)(a) of the Children Order; or

(c)

he fosters the child privately.