The Children and Families (Wales) Measure 2010 (Commencement No. 2, Savings and Transitional Provisions) Order 2010

Registration of Child Minders and Day Care Providers under Part XA of and Schedule 9A to the 1989 Act on 1 April 2011

2.—(1) This paragraph applies in respect of a person who immediately before the relevant date—

(a) is registered as a child minder by the Welsh Ministers under section 79(F)(1) of the 1989 Act (grant or refusal of registration); or

(b) is registered as a provider of day care for children by the Welsh Ministers under section 79(F)(2) of the 1989 Act.

(2) With effect from the relevant date, a person referred to in sub-paragraph (1) will, for the purposes of Part 2 of the Measure, be treated as having applied for and having been granted registration.

(3) Where a person’s registration is transferred pursuant to sub-paragraph (2), any condition, which was imposed upon that person under section 79F(3) (grant or refusal of registration) or 79M(2) (appeals) of the 1989 Act and which applied to a person’s registration immediately before the relevant date, continues to have effect as if it were a condition imposed under section 29 (conditions on registration) or section 37 (appeals) of the Measure.

(4) Subject to paragraph 14, this paragraph applies even when immediately before the relevant date the person’s registration is suspended by the Welsh Ministers in accordance with regulation 3 of the Suspension Regulations 2004.

(5) Sub-paragraph (2) does not apply in respect of a person who, before the relevant date, has communicated to the Welsh Ministers the wish not to be registered as a child minder under section 24 or, as the case may be, provider of day care for children under section 26 of the Measure.

(6) Sub-paragraph (2) does not apply in respect of a person who immediately before the relevant date was registered as child minder under section 79F(1) or, as the case may be, a provider of day care under section 79F(2) of the 1989 Act and who, on the relevant date and in accordance with the coming into force of the Exceptions Order 2010, is no longer eligible to register as child minder under section 24 or, as the case may be, a provider of day care for children under section 26 of the Measure.