16When unregistered person may be engaged in regulated

16 When unregistered person may be engaged in regulated activity—kinship carer or foster carer (1) This section applies to an unregistered person if the person is engaged in a regulated activity mentioned in schedule 1, section 1.1 (Child protection services) as— (a) a kinship carer; or (b) a foster carer. (2) The person may engage in the regulated activity if— (a) the person has applied for registration under section 17; and (b) the commissioner has not given the person a negative notice under section 40; and (c) the person has not withdrawn the application; and (d) the person is eligible. (3) The person is not required to be registered to engage in the activity if the person is an approved carer under the Children and Young People Act 2008, section 514B (3) (c). Note Under the Children and Young People Act 2008, section 514B (3) (c), the director-general may approve an unregistered person as an approved carer for a child or young person if— (a) the person is to be authorised to be a kinship carer or foster carer; and (b) the director-general is satisfied that the person is a significant person for the child or young person, has a familiar relationship with the child or young person and does not pose an unacceptable risk to the child or young person, and that the approval is in the best interests of the child or young person.

eligible—see section 15 (4). foster carer—see the Children and Young People Act 2008, section 518.