Children Act 1989

32 (1) This paragraph applies where—

(a) immediately before the commencement of Part VIII, a child was a foster child within the meaning of the [1980 c. 6.] Foster Children Act 1980; and

(b) the circumstances of the case are such that, had Parts VIII and IX then been in force, he would have been treated for the purposes of this Act as a child who was being provided with accommodation in a children’s home and not as a child who was being privately fostered.

(2) If the child continues to be cared for and provided with accommodation as before, section 63(1) and (10) shall not apply in relation to him if—

(a) an application for registration of the home in question is made under section 63 before the end of the period of three months beginning with the day on which Part VIII comes into force; and

(b) the application has not been refused or, if it has been refused—

(i) the period for an appeal against the decision has not expired; or

(ii) an appeal against the refusal has been made but has not been determined or abandoned.

(3) While section 63(1) and (10) does not apply, the child shall be treated as a privately fostered child for the purposes of Part IX.