Article 3 Exceptions - regulated activity relating to childrenI1
England and Wales
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The fostering of a child (C) is not to be treated as a regulated activity where—
a person (F) is F2barred from engaging in regulated activity relating to children,
C is being looked after by a local authority within the meaning of section 22 of the Children Act 1989 F3or section 74 of the Social Services and Well-being (Wales) Act 2014,,
the local authority that looks after C is satisfied that C’s welfare requires that C is fostered by F, and
either—
F or a member of F’s household is a relative of C, or
C was being fostered by F immediately before F was F4barred from engaging in regulated activity relating to children.
Annotations
Textual amendments
- F1
Art. 3(1) omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 4(a) (with arts. 6-9)
- F2
Words in art. 3(2)(a) substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 4(b) (with arts. 6-9)
- F3
Words in art. 3(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 112
- F4
Words in art. 3(2)(d)(ii) substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 4(c) (with arts. 6-9)