Children Act 1989

19 Review of provision for day care, child minding etc. E+W+S

(1) Every local authority in England and Wales shall review—

(a) the provision which they make under section 18;

(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight; and

(c) the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under [F1 Part XA].

(2) A review under subsection (1) shall be conducted—

(a) together with the appropriate local education authority; and

(b) at least once in every review period.

(3) Every local authority in Scotland shall, at least once in every review period, review—

(a) the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and

(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight.

(4) In conducting any such review, the two authorities or, in Scotland, the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.

(5) In this section—

• [F2 “relevant establishment” means—

  (a)

  in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and

  (b)

  in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);]

• “review period” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.

(6) Where a local authority have conducted a review under this section they shall publish the result of the review—

(a) as soon as is reasonably practicable;

(b) in such form as they consider appropriate; and

(c) together with any proposals they may have with respect to the matters reviewed.

(7) The authorities conducting any review under this section shall have regard to—

(a) any representations made to any one of them by any relevant [F3 Health Authority, Special Health Authority][F4 , Primary Care Trust]or health board; and

(b) any other representations which they consider to be relevant.

(8) In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the M1 National Health Service (Scotland) Act 1978.

Textual Amendments

F1 Words in s. 19(1)(c) substituted (2.7.2001 (E.) and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(a); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) with transitional provisions in Schs. 1-3)

F2 S. 19(5): definition of

“relevant establishment”

substituted (2.7.2001 (E.) and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(b); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F3 Words in s. 19(7)(a) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(2)(with Sch. 2 para. 6)

F4 Words in s. 19(7)(a) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(2)

Commencement Information

I1 S. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1978 c. 29.