Sch 8 para 25
(1) This paragraph applies where— (a) immediately before the commencement of Part IX, a person is providing a child to whom section 1 of the Children and Young Persons Act (Northern Ireland) 1968 applies with care and maintenance; and (b) the circumstances of the case are such that, had Parts IX and X then been in operation, he would have been treated for the purposes of this Order as a child who was being provided with accommodation in a children's home and not as a child who was being privately fostered. (2) If the child continues to be cared for and maintained as before, Article 95(1) and (3) shall not apply in relation to him if— (a) an application for registration of the home in question is made under Article 96 before the end of the period of three months beginning with the day on which Part IX comes into operation; and (b) the application has not been refused or, if it has been refused— (i) the period for an appeal against the decision has not expired; or (ii) an appeal against the refusal has been made but has not been determined or abandoned. (3) While Article 95(1) and (3) do not apply, the child shall be treated as a privately fostered child for the purposes of Part X.