Coronavirus Act 2020

Registered childcare providers

2 (1) The Secretary of State may give a temporary closure direction that applies to—

(a) one or more named registered childcare providers in England;

(b) all registered childcare providers in England (or any part of England);

(c) registered childcare providers in England (or any part of England) of a particular description.

(2) The Welsh Ministers may give a temporary closure direction that applies to—

(a) one or more named registered childcare providers in Wales;

(b) all registered childcare providers in Wales (or any part of Wales);

(c) registered childcare providers in Wales (or any part of Wales) of a particular description.

(3) A temporary closure direction under this paragraph is a direction that requires a registered childcare provider to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the provider for purposes connected with the provision of childcare.

(4) Before giving a direction under this paragraph, the Secretary of State—

(a) must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(5) Before giving a direction under this paragraph, the Welsh Ministers—

(a) must have regard to any advice from the Chief Medical Officer for Wales or one of the Deputy Chief Medical Officers for Wales relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(6) A temporary closure direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the appropriate authority considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) relate to attendance of persons generally, or to attendance by specified persons;

(c) relate to premises generally, or to specified premises or parts of premises;

(d) relate to attendance for purposes connected with the provision of childcare generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be framed by reference to whatever matters the appropriate authority considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the appropriate authority considers appropriate in connection with the giving of the direction.

(7) The duty of a registered childcare provider to which a temporary closure direction has been given under this paragraph to comply with the direction is enforceable against that provider by the appropriate authority making an application to the High Court or the county court for an injunction.

(8) An application made under sub-paragraph (7) may be made without notice being given to the registered childcare provider.

(9) In this paragraph—

• “appropriate authority” means the Secretary of State (in relation to a temporary closure direction given under sub-paragraph (1)) or the Welsh Ministers (in relation to a temporary closure direction given under sub-paragraph (2));

• “childcare”—

  (a)

  in relation to England, has the same meaning as in section 18 of the Childcare Act 2006;

  (b)

  in relation to Wales, means anything which amounts to child minding or day care for children for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (see section 19(2) to (4) of that Measure);

• “premises”—

  (a)

  in relation to a registered childcare provider in England, means premises in respect of which that provider is registered under Part 3 of the Childcare Act 2006;

  (b)

  in relation to a registered childcare provider in Wales—

  (i)

  if the provider is registered under Part 2 of the Children and Families (Wales) Measure 2010 as a child minder, means premises on which child minding is provided by the provider (and “child minding” is for this purpose to be read in accordance with paragraph (b) of the definition of “childcare” above);

  (ii)

  if the provider is registered under Part 2 of that Measure as a provider of day care for children, means premises on which day care is provided by the provider (and “day care” is for this purpose to be read in accordance with paragraph (b) of the definition of “childcare” above);

• “registered childcare provider” means—

  (a)

  in relation to England, a person who provides childcare and is registered under Part 3 of the Childcare Act 2006;

  (b)

  in relation to Wales, a person who provides childcare and is registered under Part 2 of the Children and Families (Wales) Measure 2010;

• “specified” means specified, or falling within a description specified, in a temporary closure direction under this paragraph.