Sch 8 para 5
A child is not a privately fostered child 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— (a) section 2 of the Adoption and Children Act 2002; (b) section 119 of the Adoption and Children (Scotland) Act 2007; or (c) Article 3 of the Adoption (Northern Ireland) Order 1987 or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).