SCHEDULES
SCHEDULE 9 Child Minding and Day Care for Young Children
Exemption of certain schools
I13
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 M1Education 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 M2Education (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 section 52(3) of the M3Education Reform Act 1988; 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.