18Meaning of childcareE+W
This section has no associated Explanatory Notes
(1)This section applies for the purposes of this Part and Part 3.
(2)“Childcare” means any form of care for a child and, subject to subsection (3), care includes—
(a)education for a child, and
(b)any other supervised activity for a child.
(3)“Childcare” does not include—
(a)education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or
(b)any form of health care for a child.
(4)“Childcare” does not include care provided for a child by—
(a)a parent or step-parent of the child;
(b)a person with parental responsibility for the child;
(c)a relative of the child;
(d)a person who is a local authority foster parent in relation to the child;
(e)a person who is a foster parent with whom the child has been placed by a voluntary organisation;
(f)a person who fosters the child privately.
(5)“Childcare” does not include care provided for a child if the care—
(a)is provided in any of the following establishments as part of the establishment's activities—
[(i)a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,]
(ii)a care home,
(iii)a hospital in which the child is a patient,
(iv)a residential family centre, and
(b)is so provided by the person carrying on the establishment or a person employed to work at the establishment.
(6)The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.
(7)“Childcare” does not include care provided for a child who is detained in—
(a)a young offender institution, or
(b)a secure training centre.
(8)In this section—
(a)... “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);
(b)“care home”,[“children's home”] ... and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);
[(ba)“hospital” has the meaning given by section 275 of the National Health Service Act 2006.]
(c)“relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.
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