Children Act 1989

[F1 Part XA E+W Child Minding and Day Care for Children in F2 . . . Wales]

Textual Amendments

F1 Pt. XA (ss. 79A-79X) inserted by 2000 c. 14, ss. 79(1), 122 (the insertion coming into force at 16.3.2001 for specified purposes for E., at 1.7.2001 for specified purposes for W., at 2.7.2001 for specified purposes for E., at 1.4.2002 for specified purposes for E., at 1.4.2002 otherwise for W., at 2.9.2002 for specified purposes for E., and otherwise prosp.) by: S.I. 2001/1210, art. 2; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2; S.I. 2002/2215, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3))

F2 Pt. XA heading: words repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 5, Sch. 3; S.I. 2008/ 2261, {art. 2} (with art. 3, Sch. 1 and art. 4 Sch. 2)

Modifications etc. (not altering text)

C1 Pt. XA applied (1.9.2003) (E.) by The Day Care (Application to Schools) (England) Regulations 2003 (S.I. 2003/1992), reg. 3 (subject to reg. 4)

Introductory E+W

F3 79A Child minders and day care providers. E+W

(1) This section and section 79B apply for the purposes of this Part.

(2) “Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly.

(3) A person who—

(a) is the parent, or a relative, of a child;

(b) has parental responsibility for a child;

(c) is a local authority foster parent in relation to a child;

(d) is a foster parent with whom a child has been placed by a voluntary organisation; or

(e) fosters a child privately,

does not act as a child minder when looking after that child.

(4) Where a person—

(a) looks after a child for the parents (“P1”), or

(b) in addition to that work, looks after another child for different parents (“P2”),

and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding.

(5) In subsection (4), “parent”, in relation to a child, includes—

(a) a person who is not a parent of the child but who has parental responsibility for the child;

(b) a person who is a relative of the child.

(6) “Day care” means care provided at any time for children under the age of eight on premises other than domestic premises.

(7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours.

(8) In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.

Textual Amendments

F3 S. 79A inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F4 79B Other definitions, etc. E+W

(1) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (2) In this Act “the Assembly” means the National Assembly for Wales.]

(3) A person is qualified for registration for child minding if—

(a) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;

(b) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;

(c) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

(d) he is complying with regulations under section 79C and with any conditions imposed [F7 under this Part] .

(4) A person is qualified for registration for providing day care on particular premises if—

[F8 (a) he has made adequate arrangements to ensure that—

(i) every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and

(ii) every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;

(b) the responsible individual—

(i) is suitable to look after children under the age of eight, or

(ii) if he is not looking after such children, is suitable to be in regular contact with them;]

(c) the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

(d) he is complying with regulations under section 79C and with any conditions imposed [F9 under this Part] .

(5) For the purposes of subsection [F10 (4)(a)] a person is not treated as working on the premises in question if—

(a) none of his work is done in the part of the premises in which children are looked after; or

(b) he does not work on the premises at times when children are looked after there.

[F11 (5ZA) For the purposes of subsection (4), “the responsible individual” means—

(a) in a case of one individual working on the premises in the provision of day care, that person;

(b) in a case of two or more individuals so working, the individual so working who is in charge.]

[F12 (5A) Where, for the purposes of determining a person’s qualification for registration under this Part—

(a) [F13 the Assembly] requests any person (“A”) to consent to the disclosure to [F13 the Assembly] by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and

(b) A does not give his consent (or withdraws it after having given it),

[F13 the Assembly] may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.]

(6) “Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle.

[F14 (7) “Regulations” means regulations made by the Assembly.]

(8) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Schedule 9A (which supplements the provisions of this Part) shall have effect.

Textual Amendments

F4 S. 79B inserted ((W.) 1.7.2001 for certain purposes and 1.4.2002 otherwise and (E.) 2.7.2001 for certain purposes and 1.4.2002 otherwise) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2: S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F5 S. 79B(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 7(a) 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)

F6 S. 79B(2) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 7(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F7 Words in s. 79B(3)(d)(4)(d) substituted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 2(1); S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, art. 2(2)(c)

F8 S. 79B(4)(a)(b) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(a); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F9 Words in s. 79B(3)(d)(4)(d) substituted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 2(1); S.I. 2005/394, art. 2(1)(k)

F10 Words in s. 79B(5) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(b); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F11 S. 79B(5ZA) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(c); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F12 S. 79B(5A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F13 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F14 S. 79B(7) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 7(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F15 S. 79B(8) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 74

Regulations E+W

F16 79C Regulations etc. governing child minders and day care providers. E+W

(1) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales.

(3) The regulations under this section may deal with the following matters (among others)—

(a) the welfare and development of the children concerned;

(b) suitability to look after, or be in regular contact with, children under the age of eight;

(c) qualifications and training;

(d) the maximum number of children who may be looked after and the number of persons required to assist in looking after them;

(e) the maintenance, safety and suitability of premises and equipment;

(f) the keeping of records;

(g) the provision of information.

(4) F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If the regulations require any person (other than [F20 the Assembly] ) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—

(a) by [F20 the Assembly] in the exercise of its functions under this Part, or

(b) in any proceedings under this Part.

(7) Regulations may provide—

(a) that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and

(b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F16 S. 79C inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(i); S.I. 2001/2041, art. 2(1)(a)(2)(3)(with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F17 S. 79C(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 8 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)

F18 S. 79C(4) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 8 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)

F19 S. 79C(5) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 8 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)

F20 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Registration E+W

F21 79D Requirement to register. E+W

[F22 (1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.]

(2) Where it appears to [F23 the Assembly] that a person has contravened subsection (1), [F23 the Assembly] may serve a notice (“an enforcement notice”) on him.

(3) An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.

(4) If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse F24 . . . , he shall be guilty of an offence.

(5) No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises [F25 in Wales]by [F23 the Assembly] .

(6) If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F21 S. 79D inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs.1-3)

F22 S. 79D(1) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 9(a); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F23 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F24 Words in s. 79D(4) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 9(b) 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)

F25 Words in s. 79D(5) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 9(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F26 79E Applications for registration. E+W

(1) A person who wishes to be registered under this Part shall make an application to [F27 the Assembly] .

(2) The application shall—

(a) give prescribed information about prescribed matters;

(b) give any other information which [F27 the Assembly] reasonably requires the applicant to give.

[F28 (c) be accompanied by the prescribed fee.]

(3) Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.

(4) Where [F27 the Assembly] has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of [F27 the Assembly] .

(5) A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F26 S. 79E inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(ii); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F27 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F28 S. 79E(2)(c) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 3(1); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F29 79F Grant or refusal of registration. E+W

(1) If, on an application [F30 under section 79E] by a person for registration for child minding—

(a) [F31 the Assembly] is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); F32 . . .

(b) F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31 the Assembly] shall grant the application; otherwise, it shall refuse it.

(2) If, on an application [F30 under section 79E] by any person for registration for providing day care on any premises—

(a) [F31 the Assembly] is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); F32 . . .

(b) F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31 the Assembly] shall grant the application; otherwise, it shall refuse it.

(3) An application may, as well as being granted subject to any conditions [F31 the Assembly] thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions [F31 the Assembly] thinks fit to impose.

(4) [F31 The Assembly] may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.

(5) Any register kept by [F31 the Assembly] of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.

(6) A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.

(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F29 S. 79F inserted (16.3.2001 (E.) for certain purposes and 1.7.2001 (W.) for certain purposes and otherwise (W.) 1.4.2002, and 2.7.2001 (E.) in so far as not already in force) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(iii)(iv); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F30 Words in s. 79F(1)(2) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 3(2)(a); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F31 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F32 S. 79F(1)(b)(2)(b) and preceding word repealed (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 3(2)(b), Sch. 5 Pt. 2; S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F33 79G Cancellation of registration. E+W

(1) [F34 the Assembly] may cancel the registration of any person if—

(a) in the case of a person registered for child minding, [F34 the Assembly] is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;

(b) in the case of a person registered for providing day care on any premises, [F34 the Assembly] is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,

or if [F35 a fee] which is due from the person has not been paid.

(2) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person F36 . . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—

(a) the time set for complying with the requirements has not expired; and

(b) it is shown that the defect or insufficiency is due to the changes or additions not having been made.

(3) Any cancellation under this section must be in writing.

Textual Amendments

F33 S. 79G inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

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

F35 Words in s. 79G(1) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 4(1); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F36 Words in s. 79G(2) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 2(2), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(c)

F37 79H Suspension of registration. E+W

(1) Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by [F38 the Assembly] in prescribed circumstances.

(2) Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the [F39 First-tier] Tribunal against suspension.

[F40 (3) F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.

(5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.

(6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F37 S. 79H inserted ((E.) 16.3.2001 for certain purposes and otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(v); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F38 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F39 Words in s. 79H(2) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 75

F40 S. 79H(3)-(6) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F41 Words in s. 79H(3) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 10 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)

F42 79J Resignation of registration. E+W

(1) A person who is registered for acting as a child minder or providing day care may by notice in writing to [F43 the Assembly] resign his registration.

(2) But a person may not give a notice under subsection (1)—

(a) if [F43 the Assembly] has sent him a notice under section 79L(1) of its intention to cancel the registration, unless [F43 the Assembly] has decided not to take that step; or

(b) if [F43 the Assembly] has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

Textual Amendments

F42 S. 79J inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

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

F44 79K Protection of children in an emergency. E+W

(1) If, in the case of any person registered [F45 under this Part] for acting as a child minder or providing day care—

(a) [F46 the Assembly] applies to a justice of the peace for an order—

(i) cancelling the registration;

(ii) varying or removing any condition to which the registration is subject; or

(iii) imposing a new condition; and

(b) it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,

the justice may make the order.

(2) The cancellation, variation, removal or imposition shall have effect from the time when the order is made.

(3) An application under subsection (1) may be made without notice.

(4) An order under subsection (1) shall be made in writing.

(5) Where an order is made under this section, [F46 the Assembly] shall serve on the registered person, as soon as is reasonably practicable after the making of the order—

(a) a copy of the order;

(b) a copy of any written statement of [F46 the Assembly]’s reasons for making the application for the order which supported that application; and

(c) notice of any right of appeal conferred by section 79M.

(6) Where an order has been so made, [F46 the Assembly] shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.

Textual Amendments

F44 S. 79K inserted (2.7.2001 for certain purposes for E. and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3) (with transitional provisions and savings in Sch.); S.I. 2002/839, art. 2(b); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F45 Words in s. 79K(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 11; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F46 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F47 79L Notice of intention to take steps. E+W

(1) Not less than 14 days before—

(a) refusing an application for registration;

(b) cancelling a registration;

(c) removing or varying any condition to which a registration is subject or imposing a new condition; or

(d) refusing to grant an application for the removal or variation of any condition to which a registration is subject,

[F48 the Assembly] shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.

(2) Every such notice shall—

(a) give [F48 the Assembly]’s reasons for proposing to take the step; and

(b) inform the person concerned of his rights under this section.

(3) Where the recipient of such a notice informs [F48 the Assembly] in writing of his desire to object to the step being taken, [F48 the Assembly] shall afford him an opportunity to do so.

(4) Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative.

(5) If [F48 the Assembly] , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision.

(6) A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination.

(7) Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies [F48 the Assembly] in writing that he does not intend to appeal.

Textual Amendments

F47 S. 79L inserted (2.7.2001 for certain purposes for E. and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3)(c) (with transitional provisions and savings in Sch.); S.I. 2002/839, art. 2(c); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F48 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Modifications etc. (not altering text)

C2 S. 79L applied (with modifications) (25.3.2003) (E.) by The Tax Credits (Approval of Home Child Care Providers) Scheme 2003 (S.I. 2003/463), {arts. 11, 12}

F49 79M Appeals. E+W

(1) An appeal against—

(a) the taking of any step mentioned in section 79L(1); F50 . . .

(b) an order under section 79K, [F51 or

(c) a determination made by [F52 the Assembly] under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,]

shall lie to the [F53 First-tier] Tribunal.

(2) On an appeal, the [F53 First-tier] Tribunal may—

(a) confirm the taking of the step or the making of the order [F54 or determination] or direct that it shall not have, or shall cease to have, effect; and

(b) impose, vary or cancel any condition.

Textual Amendments

F49 S. 79M inserted (1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2002/839, art. 2(d); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F50 Word in s. 79M(1) repealed (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Pt. 1

F51 S. 79M(1)(c) and preceding word inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 3(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F52 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F53 Words in s. 79M(1)(2) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 76

F54 Words in s.79M(2)(a) inserted (1.10.2002 for E. 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3: S.I. 2002/3185, art. 4, Sch. Pt. 1

Inspection: England E+W

F55 79N General functions of the Chief Inspector. E+W

F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 S. 79N inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(vi); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F56 Words in s. 79N omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 12 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)

79P Early years child care inspectorate. E+W

F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 S. 79P omitted (3.10.2005) by virtue of Education Act 2005 (c. 18), s. 53, Sch. 7 para. 2 (with s. 119) and repealed (prosp.) by that same amending Act, s. 123, Sch. 19 Pt. 1; the omission being brought into force by S.I. 2005/2034, art. 7

F58 79Q Inspection of provision of child minding and day care in England. E+W

F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 S. 79Q inserted ((E.) 16.3.2001 and 2.7.2001 for certain purposes otherwise 2.9.2002 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, ss. 79(1), 122; S.I. 2001/1210, art. 2(a)(vii)(viii) S.I. 2001/2041, art. 2(1)(a)(2) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F59 Words in s. 79Q omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 12 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)

F60 79R Reports of inspections. E+W

F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 S. 79R inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(ix)(x); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F61 Words in s. 79R omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 12 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)

Inspection: Wales E+W

F62 79S General functions of the Assembly. E+W

(1) The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so.

(2) In relation to child minding and day care provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; F63 . . .

Textual Amendments

F62 S. 79S inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F63 Words in s. 79S(2) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 13 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)

F64 79T Inspection: Wales. E+W

(1) The Assembly may at any time require any registered person to provide it with any information connected with the person’s activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part.

(2) The Assembly may by regulations make provision—

(a) for the inspection of F65 . . . child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales;

(b) for the publication of reports of the inspections in such manner as the Assembly considers appropriate.

(3) The regulations may provide for the inspections to be organised by—

(a) the Assembly; or

(b) Her Majesty’s Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Assembly.

(4) The regulations may provide for subsections (2) to (4) of [F66 section 29 of the Education Act 2005] to apply with modifications in relation to the publication of reports under the regulations.

Textual Amendments

F64 S. 79T inserted ((W.) 1.7.2001 for certain purposes and otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F65 Words in s. 79T(2)(a) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 53, 123, Sch. 7 para. 5(2), Sch. 19 Pt. 1 (with s. 119); S.I. 2006/1338, art. 4(1), Sch. 2 (subject to art. 2(1))

F66 Words in s. 79T(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 53, Sch. 7 para. 5(3) (with s. 119); S.I. 2006/1338, art. 4(1), Sch. 2 (subject to art. 2(1))

Supplementary E+W

F67 79U Rights of entry etc. E+W

(1) [F68 Any person authorised for the purposes of this subsection by [F69 the Assembly]] may at any reasonable time enter any premises in F70 . . . Wales on which child minding or day care is at any time provided.

(2) Where [F71 a person who is authorised for the purposes of this subsection by [F69 the Assembly]] has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time.

[F72 (2A) Authorisation under subsection (1) or (2)—

(a) may be given for a particular occasion or period;

(b) may be given subject to conditions.]

(3) [F73 A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))—]

(a) inspect the premises;

(b) inspect, and take copies of—

(i) any records kept by the person providing the child minding or day care; and

(ii) any other documents containing information relating to its provision;

(c) seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;

(d) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section;

(e) take measurements and photographs or make recordings;

(f) inspect any children being looked after there, and the arrangements made for their welfare;

(g) interview in private the person providing the child minding or day care; and

(h) interview in private any person looking after children, or living or working, there who consents to be interviewed.

(4) [F74 Section 58 of the Education Act 2005] (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act.

F75 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so.

(7) It shall be an offence wilfully to obstruct a person exercising any such power.

(8) Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9) In this section—

• F76 . . .

• “documents” and “records” each include information recorded in any form.

Textual Amendments

F67 S. 79U inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F68 Words in s. 79U(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F69 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F70 Words in s. 79U(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 14 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)

F71 Words in s. 79U(2) substituted (2.9.2002 for E., 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F72 S. 79U(2A) inserted (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F73 Words in s. 79U(3) substituted (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(5) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F74 Words in s. 79U(4) substituted (3.10.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 53, Sch. 7 para. 6 (with s. 119); S.I. 2005/2034, art. 6; S.I. 2006/1338, art. 3, Sch. 1

F75 S. 79U(5) repealed (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, ss. 152, 215(2), Sch. 13 para. 5(6), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F76 S. 79U(9): definition of "authorised inspector" repealed (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(7), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F77 79V Function of local authorities. E+W

Each local authority [F78 in Wales] shall, in accordance with regulations, secure the provision—

(a) of information and advice about child minding and day care; and

(b) of training for persons who provide or assist in providing child minding or day care.

Textual Amendments

F77 S. 79V inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(xi) S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F78 Words in s. 79V inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 15; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Checks on suitability of persons working with children over the age of seven E+W

F79 79W Requirement for certificate of suitability. E+W

(1) This section applies to any person not required to register under this Part who looks after, or provides care for, children [F80 in Wales] and meets the following conditions.

References in this section to children are to those under the age of 15 or (in the case of disabled children) 17.

(2) The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours.

(3) The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight.

(4) Regulations may require a person to whom this section applies to hold a certificate issued by [F81 the Assembly] as to his suitability, and the suitability of each prescribed person, to look after children.

(5) The regulations may make provision about—

(a) applications for certificates;

(b) the matters to be taken into account by [F81 the Assembly] in determining whether to issue certificates;

(c) the information to be contained in certificates;

(d) the period of their validity.

(6) The regulations may provide that a person to whom this section applies shall be guilty of an offence—

(a) if he does not hold a certificate as required by the regulations; or

(b) if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person.

(7) The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence.

(8) The regulations may provide that a person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F79 S. 79W inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(xii); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F80 Words in s. 79W(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 16; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F81 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Time limit for proceedings E+W

F82 79X Time limit for proceedings. E+W

Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

Textual Amendments

F82 S. 79X inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)