(This note is not part of the Regulations)
These Regulations require that all schools that were previously exempt from the requirement to do so must be registered under Part XA of the Children Act 1989 if they are providing day care for children aged under eight years old, the main purpose of which is to look after children other than in the course of providing them with education.
Schools that provide day care for the first time on or after 31 January 2005 must be registered as day care providers before they open for business.
For schools providing day care prior to 31 January 2005 and which continue to after that date the Regulations make transitional provisions. Under these transitional provisions such schools may continue to provide such care until 1 April 2005 and, if they apply for registration before that date may continue to do so after that date until the application is decided, or if the decision is appealed the appeal is determined or abandoned. Schools which fail to make such an application before 1 April 2005 will be committing an offence under section 79D(5) of the Act if they continue to provide day care after that date.