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Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

3.  In regulation 2(1) (interpretation)—

(a)for the definition of “adopter” substitute—

“adopter”, in relation to a child, means—

(a)

a person with whom an adoption agency has decided the child should be placed for adoption, or

(b)

a person who has given notice of his intention to apply for an adoption order as required by section 44 of the Adoption and Children Act 2002(1) or section 22 of the Adoption (Scotland) Act 1978(2);;

(b)after the definition of “adopter” insert—

“adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002, Article 3(3) of the Adoption (Northern Ireland) Order 1987(3) or section 1(4) of the Adoption (Scotland) Act 1978;;

(c)after the definition of “partner” insert—

“private foster carer” means a person fostering a child privately within the meaning of section 66 of the Children Act 1989(4) or an individual other than a parent of the child who maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984(5), or otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act;;

(d)after the definition of “relative” insert—

“residence order” means a residence order as defined by section 8(1) of the Children Act 1989 or section 11(2)(c) of the Children (Scotland) Act 1995(6);.

(2)

1978 c.28; section 22 was amended by the Children Act 1989 (c.41), Schedule 10, paragraph 38. The Adoption (Scotland) Act 1978 (except Part IV) is prospectively repealed by the Adoption and Children (Scotland) Act 2007 (asp 4) but the relevant provisions have not yet been commenced.

(3)

S.I. 1987/2203 (N.I. 22); Article 3(3) was amended by S.I. 1994/429 (N.I. 2).

(4)

1989 c.41; section 66 was amended by the Care Standards Act 2000 (c.14), section 116 and Schedule 4, paragraphs 14(1) and (15).

(5)

1984 c.56; section 1 was amended by the Children Act 1989 (c.41), Schedule 12, paragraph 41, and Schedule 15; section 2 was relevantly amended by the Children Act 1989 (c.41), Schedule 12, paragraph 42, by the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 35, and by the Regulation of Care (Scotland) Act 2001 (asp 8), Schedule 3, paragraph 12.