# The Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005, Article 5: Child ceasing to be a protected child


(1) This article applies where, in consequence of the repeal of sections 32 to 36 of the 1976 Act (protected children), a child ceases to be a protected child and becomes a privately fostered child within the meaning of section 66 of the Children Act 1989.
(2) If the person who is fostering the child privately is disqualified from doing so by regulations under section 68 of that Act, he shall be treated for the purposes of those regulations as having obtained the consent of the local authority until such time as the local authority notify him that such consent is refused.
(3) The person who is fostering the child privately shall not be taken to be in breach of regulation 5 of the Private Fostering Regulations (notification by person already fostering a child privately) or the corresponding Welsh provision if—
(a) he has already provided the local authority with the information required under that regulation (whether by way of a notice of intention to adopt or otherwise); or
(b) he has not provided that information, but does so no later than 30th January 2006.
(4) The local authority must, in so far as they have not already done so, discharge their functions under regulation 7 of the Private Fostering Regulations (action to be taken by local authority on receipt of notification about a child being fostered privately) or the corresponding Welsh provision no later than 7th February 2006.
(5) For the purposes of regulation 8 of the Private Fostering Regulations (subsequent visits) and the corresponding Welsh provision the private fostering arrangement shall be treated as beginning on the appointed day.

---
Source: https://www.legislation.gov.uk/uksi/2005/2897/article/5 (the official version)
Page: https://openlegislation.uk/adoption-and-children-act-2002-commencement-no-10-transitional-and-savings-provisions-order-2005/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.