Children Act 1989

Exemption of certain schools E+W+S

3 (1) Section 71 does not apply in relation to any child looked after in any—

(a) school maintained or assisted by a local education authority;

(b) school under the management of an education authority;

(c) school in respect of which payments are made by the Secretary of State under section 100 of the M1 Education Act 1944;

(d) independent school;

(e) grant-aided school;

(f) grant maintained school;

(g) self-governing school;

(h) play centre maintained or assisted by a local education authority under section 53 of the Act of 1944, or by an education authority under section 6 of the M2 Education (Scotland) Act 1980.

(2) The exemption provided by sub-paragraph (1) only applies where the child concerned is being looked after in accordance with provision for 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” and “maintained” have the same meanings as in the Education Act 1944;

• “grant maintained” has the same meaning as in [F1 the Education Act 1993]; and “grant-aided school”, “self-governing school” and (in relation to Scotland) “independent school” have the same meaning as in the Education (Scotland) Act 1980.

Textual Amendments

F1 Words in Sch. 9 para. 3(3) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.153; S.I. 1993/3106; art. 4, Sch. 1

Modifications etc. (not altering text)

C1 Sch. 9 para. 3 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

Sch. 9 para. 3 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

Commencement Information

I1 Sch. 9 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1944 c. 31.

M2 1980 c. 44.