F1SCHEDULE 9A Child Minding and Day Care for Young Children
Exemption of certain schools
F21
(1)
Except in prescribed circumstances, Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after in—
(a)
a maintained school;
(b)
a school assisted by a local education authority;
(c)
a school in respect of which payments are made by the Secretary of State or the Assembly under section 485 of the M1Education Act 1996;
(d)
an independent school.
(2)
The provision mentioned in sub-paragraph (1) is provision of 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” has the same meaning as in the M2Education Act 1996;
“maintained school” has the meaning given by section 20(7) of the M3School Standards and Framework Act 1998.
Exemption for other establishments
F32
(1)
Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after—
(a)
in an appropriate children’s home;
(b)
in a care home;
(c)
as a patient in a hospital (within the meaning of the Care Standards Act 2000);
(d)
in a residential family centre.
(2)
The provision mentioned in sub-paragraph (1) is provision of day care made by—
(a)
the department, authority or other 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.
2A
(1)
Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where—
(a)
the provision takes place only between 6 pm and 2 am; and
(b)
the person providing the care is doing so for no more than two different clients at the same time.
(2)
For the purposes of sub-paragraph (1)(b), a “client” is a person at whose request (or persons at whose joint request) day care is provided for a child.
Exemption for occasional facilities
F43
(1)
Where day care is provided on particular premises on less than six days in any year, that provision shall be disregarded for the purposes of Part XA if the person making it has notified the registration authority in writing before the first occasion on which the premises concerned are so used in that year.
(2)
In sub-paragraph (1) “year” means the year beginning with the day (after the commencement of paragraph 5 of Schedule 9) on which the day care in question was or is first provided on the premises concerned and any subsequent year.
Disqualification for registration
F54
(1)
Regulations may provide for a person to be disqualified for registration for child minding or providing day care.
(2)
The regulations may, in particular, provide for a person to be disqualified where—
(a)
he is included in the list kept under section 1 of the M4Protection of Children Act 1999;
F6(b)
he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children F7or on grounds relating to his health ;
(c)
an order of a prescribed kind has been made at any time with respect to him;
(d)
an order of a prescribed kind has been made at any time with respect to any child who has been in his care;
(e)
a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
(f)
he has at any time been refused registration under Part X or Part XA or any prescribed enactment or had any such registration cancelled;
(g)
he has been convicted of any offence of a prescribed kind, or has been F8. . . discharged absolutely or conditionally for any such offence;
F9(ga)
he has been given a caution in respect of any offence of a prescribed kind;
(h)
he has at any time been disqualified from fostering a child privately;
(j)
a prohibition has been imposed on him at any time under section 69, section 10 of the M5Foster Children (Scotland) Act 1984 or any prescribed enactment;
(k)
his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
(3)
Regulations may provide for a person who lives—
(a)
in the same household as a person who is himself disqualified for registration for child minding or providing day care; or
(b)
in a household at which any such person is employed,
to be disqualified for registration for child minding or providing day care.
F10(3A)
Regulations under this paragraph may provide for a person not to be disqualified for registration F11(and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5)) by reason of any fact which would otherwise cause him to be disqualified if—
(a)
he has disclosed the fact to the registration authority, and
(b)
the registration authority has consented in writing F12. . . and has not withdrawn that consent.
(4)
(5)
No person shall employ, in connection with the provision of day care, a person who is disqualified for registration for providing day care.
F15(6)
In this paragraph—
“caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;
“enactment” means any enactment having effect, at any time, in any part of the United Kingdom.
F16(7)
A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.
F175
(1)
If any person—
(a)
acts as a child minder at any time when he is disqualified for registration for child minding; or
(b)
contravenes any of sub-paragraphs (3) to (5) of paragraph 4,
he shall be guilty of an offence.
(2)
Where a person contravenes sub-paragraph (3) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person in question was living or employed in the household.
(3)
Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.
(4)
A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
Provision of day care: unincorporated associations
5A
(1)
References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association.
(2)
Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
(3)
For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.
(4)
In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate.
(5)
A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association.
(6)
If an offence under Part XA committed by an unincorporated association is shown—
(a)
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.
Certificates of registration
F186
(1)
If an application for registration is granted, the registration authority shall give the applicant a certificate of registration.
(2)
A certificate of registration shall give prescribed information about prescribed matters.
(3)
Where, due to a change of circumstances, any part of the certificate requires to be amended, the registration authority shall issue an amended certificate.
(4)
Where the registration authority is satisfied that the certificate has been lost or destroyed, the authority shall issue a copy, on payment by the registered person of any prescribed fee.
(5)
For the purposes of Part XA, a person is—
(a)
registered for providing child minding (in England or in Wales); or
(b)
registered for providing day care on any premises,
if a certificate of registration to that effect is in force in respect of him.
F19. . . fees
F207
Regulations may require registered persons to pay to the registration authority F21, at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by the registration authority of its functions under Part XA.
Co-operation between authorities
F228
(1)
Where it appears to the Chief Inspector that any local authority in England could, by taking any specified action, help in the exercise of any of his functions under Part XA, he may request the help of that authority specifying the action in question.
(2)
Where it appears to the Assembly that any local authority in Wales could, by taking any specified action, help in the exercise of any of its functions under Part XA, the Assembly may request the help of that authority specifying the action in question.
(3)
An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.