The Day Care (Application to Schools) (England) Regulations 2003

Requirement to register day care in schools under Part XA

4.—(1) The provider shall not be treated as providing day care in breach of section 79D(5) of the Act where that care has been provided since before 1st April 2004 and either—

(a) the registration date has not yet been reached and, where the provider has made an application for registration under Part XA, the application is pending; or

(b) the registration date has been reached but the provider made an application for registration under Part XA of the Act for providing day care on those premises before the application date, and the application is pending.

(2) An application is “pending” if—

(a) it has not been granted or withdrawn; and

(b) if it has been refused—

(i) the period of time within which an appeal may be brought has not expired and the provider has not indicated in writing that he does not intend to appeal; or

(ii) an appeal has been brought which has not been finally determined or withdrawn in writing.

(3) In paragraph (1)—

(a) in relation to relevant day care provided for the first time on or after 1st September 2003, the “registration date” is 1st September 2004 and the “application date” is 1st April 2004;

(b) in relation to relevant day care provided since before 1st September 2003 which includes care for a child under 2 years of age, the “registration date” is 1st September 2004 and the “application date” is 1st April 2004;

(c) in relation to relevant day care provided since before 1st September 2003 solely for a child or children aged 2 or over, the “registration date” is 1st September 2005 and the “application date” 1st April 2005.