Foster Children (Private Fostering) (Scotland) Regulations 1985

JurisdictionUK Non-devolved
CitationSI 1985/1798

1985 No. 1798 (S. 134)



The Foster Children (Private Fostering) (Scotland) Regulations 1985

19thNovember 1985

3rdDecember 1985

1stApril 1986

The Secretary of State in exercise of the powers conferred on him by section 5(2)(c) of the Social Work (Scotland) Act 1968(a), sections 3(3), 4, and 14(2) to (4) of the Foster Children (Scotland) Act 1984(b), 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 Foster Children (Private Fostering) (Scotland) Regulations 1985 and shall come into operation on 1st April 1986.


2.—(1) In these regulations—

"the Act" means the Foster Children (Scotland) Act 1984;

"local authority" means a regional or islands council;

"foster child" has the meaning assigned to it by section 1 (as read with section 2) of the Act;

"foster parent" is a person required to give written notice to a local authority by virtue of section 5(1) or (2) of the Act;

"relative" has the same meaning as in section 21(1) of the Act.

(2) In these regulations any reference to a numbered regulation shall be construed as a reference to the regulation bearing that number in these regulations.

Notification by parent

3.—(1) Except where a child is placed with a foster parent in an emergency the parent of a child, where it is proposed that the child shall become a foster child for the purposes of the Act, shall give notice of the proposed fostering to the local authority in whose area the premises in which the child is to be kept are situated not less than 2 weeks before the date on which the child becomes a foster child.

(2) Where a child is placed with a foster parent in an emergency, or becomes a foster child while in the care and possession of a person with whom

(a) 1968 c.49; section 5(2) was substituted by Children Act 1975 c.72, Schedule 3, paragraph 49.

(b) 1984 c.56.

he has been placed, the parent of the child shall give notice thereof to the local authority in whose area the premises in which the child is being kept are situated not later than one week after the child is placed with the foster parent or, as the case may be, after the child becomes a foster child.

(3) (a) A notice under paragraph (1) or (2) shall specify in writing the premises in which the child is to be or is being kept; and

(b) The local authority may in addition require a parent to provide, in writing or in such other form as the local authority consider appropriate, any or all of the information as to the parent and the child set out in the Schedule as is considered necessary in order to determine whether the placement is or will be appropriate to the child's needs.

(4) For the purposes of this regulation "parent" includes a guardian or relative of the child who has care and possession of the child and who is proposing to place or has placed the child with a foster parent.

4.—(1) A local authority which receive notice in accordance with regulation 3 above shall, in...

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