Children Act 1989

73 Requirements to be complied with by persons providing day care for young children. E+W+S

(1) Where a local authority register a person under section 71(1)(b) they shall impose such reasonable requirements on him as they consider appropriate in his case.

(2) Where a person is registered under section 71(1)(b) with respect to different premises within the area of the same authority, this section applies separately in relation to each registration.

(3) In imposing requirements on him, the authority shall—

(a) specify the maximum number of children, or the maximum number of children within specified age groups, who may be looked after on the premises;

(b) require him to secure that the premises, and the equipment used in them, are adequately maintained and kept safe;

(c) require him to notify the authority of any change in the facilities which he provides or in the period during which he provides them;

(d) specify the number of persons required to assist in looking after children on the premises;

(e) require him to keep a record of the name and address of—

(i) any child looked after on the registered premises;

(ii) any person who assists in looking after any such child; and

(iii) any person who lives, or is likely at any time to be living, at those premises;

(f) require him to notify the authority of any change in the persons mentioned in paragraph (e)(ii) and (iii).

(4) The Secretary of State may by regulations make provision as to—

(a) requirements which must be imposed by local authorities under this section in prescribed circumstances;

(b) requirements of such descriptions as may be prescribed which must not be imposed by local authorities under this section.

(5) In subsection (3), references to children looked after are to children looked after in accordance with the provision of day care made by the registered person.

(6) In determining the maximum number of children to be specified under subsection (3)(a), the authority shall take account of the number of other children who may at any time be on the premises.

(7) Where, in addition to the requirements mentioned in subsection (3), a local authority impose other requirements, those other requirements must not be incompatible with any of the subsection (3) requirements.

(8) A local authority may at any time vary any requirement imposed under this section, impose any additional requirement or remove any requirement.

Modifications etc. (not altering text)

C1 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, ss. 79(5), 122 it is provided (2.7.2001 (E.) otherwiseprosp.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.)

Commencement Information

I1 S. 73 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)