# Foster Children (Scotland) Act 1984, Section 2: Exceptions to section 1.

Extent: S

(1) A child is not a foster child while he is being looked after by a local authority or is boarded out by an education authority.
(2) A child is not a foster child while he is in the care of any person—
(a) in premises in which any parent, adult relative or guardian of his is for the time being residing;
(b) in any residential establishment;
(c) in any school within the meaning of the Education (Scotland) Act 1980;
(d) in any hospital or in any accommodation provided by a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010;
(e) in any home or institution not specified in this section but maintained by a public or local authority; or
(f) if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period.
(3) A child is not a foster child while he is in the care of any person in compliance with a supervision order within the meaning of the Children and Young Persons Act 1969 or a supervision requirement . . . or a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46) .
(4) A child is not a foster child while he is liable to be detained under the Mental Health (Care and Treatment) (Scotland) Act 2003.
(5) A child is not a foster child—
(a) while he is placed in the care ... of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of section 1 of the Adoption Act 1976 or section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4) . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The reference in subsection (1) above to a child being looked after by a local authority shall be construed as if it were a reference to which section 17(6) of the Children (Scotland) Act 1995 applies.

---
Source: https://www.legislation.gov.uk/ukpga/1984/56/section/2 (the official version)
Page: https://openlegislation.uk/foster-children-scotland-act-1984/section-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.