Regulation 21 Persons who are not persons with care

England, Wales and Scotland

(1)

For the purposes of the Act the following categories of person shall not be persons with care—

(a)

a local authority;

(b)

a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989^f1, except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;

(c)

in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995^f2 F1or who is providing continuing care by virtue of arrangements made under section 26A of that Act.

(2)

In paragraph (1) above—

“family” means family other than such family defined in section 93(1) of the Children (Scotland) Act 1995;
“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council, and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994^f3; and
“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 as the case may be.

Annotations

Textual amendments

F1: Words in reg. 21(1)(c) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 18(2)

Footnotes

f1: 1989 c. 41.
f2: 1995 c. 36.
f3: 1994 c. 39.