F3F3F1C1Part XA Child Minding and Day Care for Children in F2. . . Wales

Annotations:
Amendments (Textual)
F3

Pt. XA repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

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 XA heading: words repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 5, Sch. 3; S.I. 2008/ 2261, {art. 2} (with art. 3, Sch. 1 and art. 4 Sch. 2)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

Introductory

F479A Child minders and day care providers.

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.