The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 TEMPORARY PLACEMENT IN RESIDENTIAL CARE SETTING - EFFECT OF ORDERS AND ARRANGEMENTS

   1. 3. Temporary placement in residential care setting – effect of orders

   2. 4. Temporary placement in residential care setting - effect of authority to accommodate child subject to voluntary arrangement

4. PART 3 TEMPORARY PLACEMENTS IN RESIDENTIAL CARE SETTING - REQUIREMENTS FOR EFFECT OF ORDERS AND ARRANGEMENTS

   1. 5. Temporary placement in residential care setting - requirements for effect of orders and arrangements

   2. 6. Additional requirement for continuing effect of a deprivation of liberty order

   3. 7. Persons to receive notice and undertaking in respect of temporary placement in residential care setting

   4. 8. Content of notice in respect of temporary placement in residential care setting

5. PART 4 CHANGES TO LEGAL BASIS FOR, OR LOCATION OF, CHILD’S TEMPORARY PLACEMENT IN RESIDENTIAL CARE SETTING

   1. 9. Change of legal basis for child’s temporary placement in residential care setting

   2. 10. Routine change of location of temporary placement in residential care setting

   3. 11. Temporary placements in residential care setting - requirements where change to placement legal basis or location

   4. 12. Emergency transfer to another residential care setting

6. PART 5 TEMPORARY PLACEMENT IN RESIDENTIAL CARE SETTING - DUTIES OF PLACING LOCAL AUTHORITY

   1. 13. Ongoing duties of placing local authority

   2. 14. Residential care - compliance with requirements in order

   3. 15. Requirement to visit child in residential care setting

   4. 16. Requirement for periodic ongoing residential placement review

   5. 17. Request for ongoing residential placement review

   6. 18. Mandatory ongoing residential placement review in certain circumstances

7. PART 6 CHILDREN’S ADVOCACY SERVICES IN RESIDENTIAL CARE SETTING

   1. 19. Provision of children’s advocacy services

8. PART 7 TEMPORARY PLACEMENT WITH FOSTER CARER – REQUIREMENTS FOR EFFECT OF ORDERS

   1. 20. Temporary placement with foster carer – effect of orders

   2. 21. Temporary placement with foster carer – requirements for effect of orders

   3. 22. Persons to receive notice in respect of temporary placement with foster carer

   4. 23. Content of notice for temporary placement with foster carer

9. PART 8 CHANGES TO LEGAL BASIS, ADDRESS OR CARER WHERE CHILD IS SUBJECT TO TEMPORARY PLACEMENT WITH FOSTER CARER

   1. 24. Change of legal basis for child’s temporary placement with foster carer

   2. 25. Temporary placement with foster carer – change of address or foster carer

   3. 26. Temporary placement with foster carer - requirements where change to placement legal basis, address or carer

10. PART 9 CHANGE OF TEMPORARY PLACEMENT TYPE

    1. 27. Change of temporary placement – fostering to residential care under an existing court order

    2. 28. Change of temporary placement – residential care to fostering under an existing court order

    3. 29. Change of temporary placement – fostering to residential care under a new court order

    4. 30. Requirements for effect of new order where placement from fostering to residential care

    5. 31. Additional requirement for continuing effect of a new deprivation of liberty order

    6. 32. Change of temporary placement – residential care to fostering under a new court order

    7. 33. Requirements for effect of new order where placement from residential care to fostering

11. PART 10 TEMPORARY CROSS-BORDER FOSTER PLACEMENT – DUTIES OF PLACING FOSTERING AUTHORITY

    1. 34. Temporary placement with foster carer – ongoing duties of placing fostering authority

    2. 35. Fostering – compliance with requirements in order

12. PART 11 TEMPORARY RESIDENTIAL AND FOSTERING PLACEMENTS - APPLICATION AND MODIFICATION OF THE ACT

    1. 36. Application of the Act to orders having effect under authorising fostering and authorising residential provisions

13. PART 12 ENFORCEMENT OF PLACING LOCAL AUTHORITY AND PLACING FOSTERING AUTHORITY DUTIES

    1. 37. Enforcement of placing local authority and placing fostering authority duties

    2. 38. Application for order

    3. 39. Order for enforcement

14. PART 13 REQUIREMENTS FOR PLACING LOCAL AUTHORITY AND PLACING FOSTERING AUTHORITY TO NOTIFY OF CERTAIN EVENTS

    1. 40. Requirement to notify of termination of placement

    2. 41. Requirement to notify of death of child in placement

15. PART 14 TEMPORARY PLACEMENTS – EFFECT OF CHILD BECOMING SUBJECT TO COMPULSORY SUPERVISION ORDER OR INTERIM COMPULSORY SUPERVISION ORDER

    1. 42. Effect of child placed in residential care setting or subject to cross-border foster placement becoming subject to compulsory supervision order or interim compulsory supervision order

16. PART 15 PERMANENT TRANSFERS – EFFECT OF ORDERS

    1. 43. Permanent transfer – effect of care orders made in England and Wales

    2. 44. Permanent transfer – effect of supervision orders and education supervision orders made in England and Wales

    3. 45. Permanent transfer – effect of care orders made in Northern Ireland

    4. 46. Permanent transfer – effect of supervision orders or education supervision orders made in Northern Ireland

17. PART 16 PERMANENT TRANSFERS – APPLICATION AND MODIFICATION OF ACT

    1. 47. (1) Where an order made in England and Wales or...

18. PART 17 REVOCATIONS, SAVINGS AND TRANSITIONAL ARRANGEMENTS

    1. 48. Revocations, savings and transitional arrangements

19. Signature

20. 1. SCHEDULE 1

       FORM OF UNDERTAKING

    2. SCHEDULE 2

       ONGOING RESIDENTIAL PLACEMENT REVIEW REQUIREMENTS

       1. 1. Duty to give notice of ongoing residential placement review

       2. 2. Persons to be given notice of ongoing residential placement review

       3. 3. Ongoing residential placement review process

       4. 4. Matters to be had regard to in conducting ongoing residential placement review

    3. SCHEDULE 3

       MATTERS TO BE COVERED IN AGREEMENT BETWEEN PLACING FOSTERING AUTHORITY AND FOSTER CARER

       1. 1. The support and training to be given to the foster...

       2. 2. The procedure for the review of approval of the foster...

       3. 3. The procedure for handling of complaints against the foster carer....

       4. 4. The financial arrangements which are to exist between the placing...

       5. 5. The placing fostering authority’s arrangements for meeting any legal liabilities...

       6. 6. The procedure available to foster carers who wish to make...

       7. 7. The foster carer’s obligation to give written notice to the...

       8. 8. The foster carer’s obligation— (a) not to administer corporal punishment...

       9. 9. The circumstances in which it is necessary to obtain in...

       10. 10. The arrangements for visits to the child, in connection with...

       11. 11. The arrangements for the review of the child’s ongoing foster...

       12. 12. The arrangements for the child to have contact with their...

       13. 13. The provision by the placing fostering authority to the foster...

21. Explanatory Note