Children Act 1989

F1 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 F2 . . . 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

F1 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)

F2 Words in Sch. 9A para. 1(1)(c) repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 18(3), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)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