Children Act 1989

[F1 SCHEDULE 9A E+W Child Minding and Day Care for Young Children[F2 in Wales]]

Textual Amendments

F1 Sch. 9A (paras. 1-8) inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b)(with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F2 Sch. 9A: words in heading inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(2); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Exemption of certain schools E+W

F3 1 (1) Except in prescribed circumstances, Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after in—

(a) a maintained school;

(b) a school assisted by a local education authority;

(c) a school in respect of which payments are made by F4 . . . the Assembly under section 485 of the M1 Education Act 1996;

(d) an independent school.

(2) The provision mentioned in sub-paragraph (1) is provision of day care made by—

(a) the person carrying on the establishment in question as part of the establishment’s activities; or

(b) a person employed to work at that establishment and authorised to make that provision as part of the establishment’s activities.

(3) In sub-paragraph (1)—

• “assisted” has the same meaning as in the M2 Education Act 1996;

• “maintained school” has the meaning given by section 20(7) of the M3 School Standards and Framework Act 1998.

Textual Amendments

F3 Sch. 9A para. 1 inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2: S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F4 Words in Sch. 9A para. 1(1)(c) repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 18(3), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Marginal Citations

M1 1996 c. 56.

M2 1996 c. 56.

M3 1998 c. 31.

Exemption for other establishments E+W

F5 2 (1) Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after—

(a) in an appropriate children’s home;

(b) in a care home;

(c) as a patient in a hospital (within the meaning of the Care Standards Act 2000);

(d) in a residential family centre.

(2) The provision mentioned in sub-paragraph (1) is provision of day care made by—

(a) the department, authority or other person carrying on the establishment in question as part of the establishment’s activities; or

(b) a person employed to work at that establishment and authorised to make that provision as part of the establishment’s activities.

Textual Amendments

F5 Sch. 9A para. 2 inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/2041, art. 2(1)(b)(with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

2A (1) Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where—

(a) the provision takes place only between 6 pm and 2 am; and

(b) the person providing the care is doing so for no more than two different clients at the same time.

(2) For the purposes of sub-paragraph (1)(b), a “client” is a person at whose request (or persons at whose joint request) day care is provided for a child.

Exemption for occasional facilities E+W

F6 3 (1) Where day care is provided on particular premises on less than six days in any year, that provision shall be disregarded for the purposes of Part XA if the person making it has notified [F7 the Assembly] in writing before the first occasion on which the premises concerned are so used in that year.

(2) In sub-paragraph (1) “year” means the year beginning with the day (after the commencement of paragraph 5 of Schedule 9) on which the day care in question was or is first provided on the premises concerned and any subsequent year.

Textual Amendments

F6 Sch. 9A para. 3 inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F7 Words in Sch. 9A para. 3(1) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Disqualification for registration E+W

F8 4 (1) Regulations may provide for a person to be disqualified for registration for child minding or providing day care [F9 in Wales] .

(2) The regulations may, in particular, provide for a person to be disqualified where—

(a) he is included in the list kept under section 1 of the M4 Protection of Children Act 1999;

[F10 (b) he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children [F11 or on grounds relating to his health] ;]

(c) an order of a prescribed kind has been made at any time with respect to him;

(d) an order of a prescribed kind has been made at any time with respect to any child who has been in his care;

(e) a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;

(f) he has at any time been refused registration under Part X or Part XA [F12 , or Part 3 of the Childcare Act 2006,] or any prescribed enactment or had any such registration cancelled;

(g) he has been convicted of any offence of a prescribed kind, or has been F13 . . . discharged absolutely or conditionally for any such offence;

[F14 (ga) he has been given a caution in respect of any offence of a prescribed kind;]

(h) he has at any time been disqualified from fostering a child privately;

(j) a prohibition has been imposed on him at any time under section 69, section 10 of the M5 Foster Children (Scotland) Act 1984 or any prescribed enactment;

(k) his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

(3) Regulations may provide for a person who lives—

(a) in the same household as a person who is himself disqualified for registration for child minding or providing day care [F15 in Wales] ; or

(b) in a household at which any such person is employed,

to be disqualified for registration for child minding or providing day care [F15 in Wales] .

[F16 (3A) Regulations under this paragraph may provide for a person not to be disqualified for registration [F17 (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5))] by reason of any fact which would otherwise cause him to be disqualified if—

(a) he has disclosed the fact to [F18 the Assembly] , and

(b) [F18 the Assembly] has consented in writing F19 . . . and has not withdrawn that consent.]

(4) A person who is disqualified for registration for providing day care shall not provide day care [F20 in Wales] , or be [F21 directly] concerned in the management of, F22 . . . any provision of day care [F23 in Wales] .

(5) No person shall employ, in connection with the provision of day care [F24 in Wales] , a person who is disqualified for registration for providing day care [F24 in Wales] .

[F25 (6) In this paragraph—

• “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;

• “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.]

[F26 (7) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.]

Textual Amendments

F8 Sch. 9A para. 4 inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F9 Words in Sch. 9A para. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(a); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F10 Sch. 9A para. 4(2)(b) substituted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216(4), Sch. 21 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

F11 Words in Sch. 9A para. 4(2)(b) inserted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(2)(a); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)

F12 Words in Sch. 9A para. 4(2)(f) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F13 Words in Sch. 9A para. 4(2)(g) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, Sch. 32 Pt. 1 para. 61(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

F14 Sch. 9A para. 4(2)(ga) inserted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(2)(b); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)

F15 Words in Sch. 9A para. 4(3) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, {Sch. 2 para. 18(4(c)}; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F16 Sch. 9A para. 4(3A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/ 3185, art. 4, Sch. Pt. 1

F17 Words in Sch. 9A para. 4(3A) inserted (1.3.2005 for E. and otherwise prosp.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 5(a); S.I. 2005/394, art. 2(1)(k)

F18 Words in Sch. 9A para. 4 substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F19 Words in Sch. 9A para. 4(3A)(b) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 5(b), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(h)

F20 Words in Sch. 9A para. 4(4) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(d); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F21 Words in Sch. 9A para. 4(4) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 8(a); S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, {art. 2(2(c)}

F22 Words in Sch. 9A para. 4(4) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 4(8)(b), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(c)(h)

F23 Words in Sch. 9A para. 4(4) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(d); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F24 Words in Sch. 9A para. 4(5) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(e); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F25 Sch. 9A para. 6 substituted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(3); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)

F26 Sch. 9A para. 4(7) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, Sch. 32 Pt. 1 para. 61(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

Marginal Citations

M4 1999 c. 14.

M5 1984 c. 56.

F27 5 (1) If any person—

(a) acts as a child minder [F28 in Wales] at any time when he is disqualified for registration for child minding [F29 in Wales] ; or

(b) contravenes [F30 sub-paragraph (4) or (5)] of paragraph 4,

he shall be guilty of an offence.

[F31 (2) A person who contravenes sub-paragraph (4) of paragraph 4 shall not be guilty of an offence under this paragraph if—

(a) he is disqualified for registration by virtue only of regulations made under sub-paragraph (3) of paragraph 4, and

(b) he proves that he did not know, and had no reasonable grounds for believing, that he was living in the same household as a person who was disqualified for registration or in a household in which such a person was employed.]

(3) Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.

(4) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

Textual Amendments

F27 Sch. 9A para. 5 inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2;S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F28 Words in Sch. 9A para. 5(1)(a) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(a)(i); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F29 Words in Sch. 9A para. 5(1)(a) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(a)(ii); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F30 Words in Sch. 9A para. 5(1)(b) substituted (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F31 Sch. 9A para. 5(2) substituted (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Provision of day care: unincorporated associations E+W

5A (1) References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association.

(2) Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3) For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(4) In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate.

(5) A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association.

(6) If an offence under Part XA committed by an unincorporated association is shown—

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.

Certificates of registration E+W

F32 6 (1) If an application for registration is granted, [F33 the Assembly] shall give the applicant a certificate of registration.

(2) A certificate of registration shall give prescribed information about prescribed matters.

(3) Where, due to a change of circumstances, any part of the certificate requires to be amended, [F34 the Assembly] shall issue an amended certificate.

(4) Where [F35 the Assembly] is satisfied that the certificate has been lost or destroyed, [F36 the Assembly] shall issue a copy, on payment by the registered person of any prescribed fee.

(5) For the purposes of Part XA, a person is—

(a) registered for providing child minding [F37 in Wales] ; or

(b) registered for providing day care on any premises [F38 in Wales] ,

if a certificate of registration to that effect is in force in respect of him.

Textual Amendments

F32 Sch. 9A para. 6 inserted ((E.) 16.3.2001 for specified purpsoes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F33 Words in Sch. 9A para. 6(1) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F34 Words in Sch. 9A para. 6(3) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S. I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F35 Words in Sch. 9A para. 6(4) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S. I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F36 Words in Sch. 9A para. 6(4) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F37 Words in Sch. 9A para. 6(5)(a) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(6)(a); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F38 Words in Sch. 9A para. 6(5)(b) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(6)(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F39 . . . fees E+W

Textual Amendments

F39 Sch. 9A: words in heading before para. 7 repealed (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 4(2)(a), Sch. 5 Pt. 2; S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)(h)

F40 7 Regulations may require registered persons to pay to [F41 the Assembly][F42 , at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by [F43 the Assembly] of its functions under Part XA.]

Textual Amendments

F40 Sch. 9A para. 7 inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F41 Words in Sch. 9A para. 7 substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F42 Words in Sch. 9A para. 7 substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 4(2)(b); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F43 Words in Sch. 9A para. 7 substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Co-operation between authorities E+W

F44 8 (1) F45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where it appears to the Assembly that any local authority in Wales could, by taking any specified action, help in the exercise of any of its functions under Part XA, the Assembly may request the help of that authority specifying the action in question.

(3) An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.

Textual Amendments

F44 Sch. 9A para. 8 inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F45 Words in Sch. 9A para. 8(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(7) and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)