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Children Act 1989, Section 79B is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 01/07/2001
(1)The registration authority in relation to England is Her Majesty’s Chief Inspector of Schools in England (referred to in this Part as the Chief Inspector) and references to the Chief Inspector’s area are references to England.
(2)The registration authority in relation to Wales is the National Assembly for Wales (referred to in this Act as “the Assembly”).
(3)A person is qualified for registration for child minding if—
(a)he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;
(b)every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;
(c)the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
(d)he is complying with regulations under section 79C and with any conditions imposed by the registration authority.
(4)A person is qualified for registration for providing day care on particular premises if—
(a)every person looking after children on the premises is suitable to look after children under the age of eight;
(b)every person living or working on the premises is suitable to be in regular contact with children under the age of eight;
(c)the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
(d)he is complying with regulations under section 79C and with any conditions imposed by the registration authority.
(5)For the purposes of subsection (4)(b) a person is not treated as working on the premises in question if—
(a)none of his work is done in the part of the premises in which children are looked after; or
(b)he does not work on the premises at times when children are looked after there.
(6)“Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle.
(7)“Regulations” means—
(a)in relation to England, regulations made by the Secretary of State;
(b)in relation to Wales, regulations made by the Assembly.
(8)“Tribunal” means the Tribunal established by section 9 of the M1Protection of Children Act 1999.
(9)Schedule 9A (which supplements the provisions of this Part) shall have effect.
Textual Amendments
F1S. 79B inserted (1.7.2001 (W.) for certain purposes and otherwise (W.) 1.4.2002 and 2.7.2001 (E.) for certain purposes and otherwise (E.) 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
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