Part 1General functions of local authority: England
Interpretation
18Meaning of childcare
(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—
F1(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, F2...
(b)
a secure training centre F3, or
F4(c)
a secure college.
(8)
In this section—
(a)
F5... “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)
F8(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.