Statutory Instrument 1996 No. 3263 (S.253)

The Fostering of Children (Scotland) Regulations 1996

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© Crown Copyright 1996

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1996 No. 3263 (S.253)

SOCIAL WORK, SCOTLAND

CHILDREN AND YOUNG PERSONS

The Fostering of Children (Scotland) Regulations 1996

The Secretary of State, in exercise of the powers conferred on him by sections 5(2), (3) and (4) of the Social Work (Scotland) Act 1968^[1], and of all other powers enabling him in that behalf, hereby makes the following regulations:

Citation and commencement
    1.    These regulations may be cited as the Fostering of Children (Scotland) Regulations 1996 and shall come into operation on 1 April 1997.

Interpretation
    2.—(1)  In these Regulations unless the context otherwise requires-

"the Act" means the Children (Scotland) Act 1995^[2];


"foster" means arrange for a child to live as a member of the family of a person who is not a parent, does not have parental responsibilities in respect of the child and who is not a relevant person in relation to the child and who undertakes to look after the child other than in accordance with the Adoption Agencies (Scotland) Regulations 1996^[3];


"derivative approval" means approval by one local authority of a person as a foster carer under regulation 7(3) where that person is currently approved as such by another local authority;


"foster carer" means a person approved by a local authority in accordance with regulation 7;


"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^[4];


"looked after" has in respect of a local authority the meaning given to that term by section 17(6) of the Act;


"placement" means the provision of accommodation by a local authority for a child looked after by them by any of the means specified in section 26 of the Act;


"relevant person" has the meaning given to that term by section 93(2)(b) of the Act;
"supervision requirement" has the meaning given to that term by section 93(1) of the Act;


"voluntary organisation" has the meaning given to that term by section 93(1) of the Act.

    (2)  In these Regulations-
 (a) any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
 (b) any reference to a numbered Schedule is to the Schedule to these Regulations bearing that number.

Application
    3.    These Regulations apply where a local authority foster a child who is looked after by them under section 17(6) of the Act.

[1] 1968 c. 49; subsections (3) and (4) of section 5 were substituted by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 15(4)(d). back

[2] 1995 c. 36. back

[3] S.I. 1996/3266. back

[4] 1994 c. 39. back

Explanatory Note