Safeguarding Vulnerable Groups Act 2006

Establishments E+W

3 (1) The establishments referred to in paragraph 1(2) and [F1 (9C)] are— E+W

(a) an educational institution which is exclusively or mainly for the provision of full-time education to children;

[F2 (aa) a school falling within section 19(2) or (2B) of the Education Act 1996 (pupil referral units etc ) which does not fall within sub-paragraph (1)(a); ]

[F3 (ab) an alternative provision Academy which does not fall within paragraph (a);]

(b) an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31));

(c) a hospital which is exclusively or mainly for the reception and treatment of children;

(d) an institution which is exclusively or mainly for the detention of children;

(e) a children's home (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));

(f) a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);

[F4 (fa) a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);]

(g) relevant childcare premises.

(2) Relevant childcare premises are any part of premises on which a person carries on—

(a) any form of childcare (within the meaning of section 18 of the Childcare Act 2006 (c. 21)) in respect of which he must be registered under that Act;

(b) any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered;

(c) any form of [F5 child minding or] day care [F6 (within the meaning of section 19 of the Children and Families (Wales) Measure 2010)] in respect of which he must be registered under that Act.

[F7 (3) But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.

(4) For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.

(5) “Parental responsibility” has the same meaning as in the Children Act 1989.]

Textual Amendments

F1 Word in Sch. 4 para. 3(1) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 4(a)

F2 Sch. 4 para. 3(1)(aa) inserted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 4(b)

F3 Sch. 4 para. 3(1)(ab) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 21(a) (with art. 3)

F4 Sch. 4 para. 3(1)(fa) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 200, 269(2)

F5 Words in Sch. 4 para. 3(2)(c) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 25(2)

F6 Words in Sch. 4 para. 3(2)(c) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(c); S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

F7 Sch. 4 para. 3(3)-(5) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 25(3)

Commencement Information

I1 Sch. 4 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I2 Sch. 4 para. 3 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I3 Sch. 4 para. 3 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)