S.L. 16.1 Art. 2Meaning of protected minors.

(1) Subject to the provisions of sub-regulation (3), where -

(a) arrangements are made for placing a minor below the upper limit of the compulsory school age in the care and custody of a person who is not his parent, tutor or relative by consanguinity or affinity to the degree of uncle or aunt, and

(b) any person, not being the parent or tutor of the minor or the person in whose care and custody he is to be placed takes part in the making of the arrangements, then, while the minor is in the care and custody of the person first mentioned in paragraph (a), he is a protected minor within the meaning of these regulations.

(2) Subject to the provisions of sub-regulation (3), in any case where a minor is an illegitimate child under the age of three years and is placed in the care and custody of a person who is not his tutor or a relalive of his mother by consanguinity to the degree of uncle or aunt, then, while the minor is in the care and custody of such person, he is also a protected minor within the meaning of these regulations.

(3) A minor is not a protected minor within the meaning of these regulations if he is in the care and custody of another person for a temporary purpose only, nor while the minor is in any religious institution, school, hospital or nursing home or in any house or institution not specified in this regulation, but maintained by public funds, nor while the minor is in the care of any person in compliance with a probation order or a decree of a Court of Justice.

(4) A protected minor ceases to be a protected minor on the making of an adoption decree in respect of him or on his attaining the age of eighteen, whichever occurs first.

(5) A minor in the care and custody of two spouses one of whom is his parent, relative or tutor shall be deemed for the purposes of these regulations to be in the care and custody of one of them.

(6) For the purposes of sub-regulation (2), knowledge of the illegitimacy of the minor shall be presumed until the contrary is proved and a certificate whereby the parish priest of the place of

*Repealed by Act XXIII of 2019.