Exemption for other establishmentsE+W
F12(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
F1Sch. 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.