The Child Minding and Day Care Exceptions (Wales) Order 2010

Welsh Statutory Instruments

2010 No. 2839 (W.233)

SOCIAL CARE WALES CHILDREN AND YOUNG PERSONS WALES

The Child Minding and Day Care Exceptions (Wales) Order 2010

Made

25 November 2010

Coming into force

1 April 2011

The Welsh Ministers make the following order in exercise of the power in section 19(4) and (5) and section 74(2) of the Children and Families (Wales) Measure 2010(1).

PART 1 E+W

Title, commencement, interpretation and application E+W

1.—(1) The title of this Order is the Child Minding and Day Care Exceptions (Wales) Order 2010 and comes into force on 1 April 2011.

(2) This Order applies in relation to Wales.

(3) In this Order—

• “the 2010 Measure” (“Mesur 2010”) means the Children and Families (Wales) Measure 2010;

• “domestic premises” (“mangre ddomestig”) means any premises which are used wholly or mainly as a private dwelling;

• “parent” (“rhiant”) includes a person who is not a parent but who has parental responsibility for a child;

• “premises” (“mangre”) includes any area and any vehicle;

• “relative” (“perthynas”) means a grandparent, brother, sister, uncle or aunt (whether of the full blood or the half blood or by marriage or civil partnership) or step parent.

(4) Unless the contrary intention appears, words in the singular include the plural and words in the plural include the singular.

Commencement Information

I1 Art. 1 in force at 1.4.2011, see art. 1(1)

PART 2 E+W Child minding exceptions

2.  A person who looks after a child [F1 under the age of twelve] on domestic premises for reward does not act as a child minder for the purposes of Part 2 of the 2010 Measure in the circumstances described [F2 in articles 3 to 7 and 16 of this Order.] E+W

Textual Amendments

F1 Words in art. 2 substituted (1.4.2016) by The Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016 (S.I. 2016/96), arts. 1(2), 3(a)

F2 Words in art. 2 substituted (1.4.2016) by The Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016 (S.I. 2016/96), arts. 1(2), 3(b)

Commencement Information

I2 Art. 2 in force at 1.4.2011, see art. 1(1)

3.—(1) A person looking after a child does not act as a child minder if that person— E+W

(i) is a parent, or a relative of the child; or,

(ii) is a foster parent for the child.

(2) In this article “foster parent” (“rhiant maeth”) includes a person with whom a child has been placed by a local authority or by a voluntary organisation or a person who fosters a child privately.

Commencement Information

I3 Art. 3 in force at 1.4.2011, see art. 1(1)

4.  A person does not act as a child minder where the period, or the total of the periods, in any one day in which the person looks after children does not exceed two hours. E+W

Commencement Information

I4 Art. 4 in force at 1.4.2011, see art. 1(1)

5.—(1) A person who is employed — E+W

(a) (i) to look after a child or sibling group for parents (“the first parents”), or

(ii) to look after a second child or sibling group for parents (“the second parents”) in addition to the children looked after for the first parents, and

(b) who looks after the children concerned wholly or mainly in the first or second parents' own home or homes,

does not act as a child minder.

(2) In this article—

(a) “employed” (“cael ei gyflogi”) means employed either under a contract of employment or under a contract for services;

(b) “parent” (“rhiant”) includes a person who is a relative of the child;

(c) “sibling group” (“grŵ p o siblingiaid”) includes half-brothers and half-sisters.

Commencement Information

I5 Art. 5 in force at 1.4.2011, see art. 1(1)

6.  A person does not act as a child minder where the person only begins to look after the child in the period between 6pm on any one day and finishes looking after the child by 2am the following day. E+W

Commencement Information

I6 Art. 6 in force at 1.4.2011, see art. 1(1)

7.—(1) A person does not act as a child minder where the person looks after a child or children in the course of friendship with the parents of that child or children and where no payment is made for the service. E+W

(2) In this article “payment” (“taliad”) means a payment of money or money’s worth but does not include the provision of goods or services.

Commencement Information

I7 Art. 7 in force at 1.4.2011, see art. 1(1)

PART 3 E+W Day care for children exceptions

8.  A person who provides care for children [F3 under the age of twelve] on premises other than domestic premises is not providing day care for the purposes of the 2010 Measure in the circumstances set out [F4 in articles 9 to 16 of this Order.] E+W

Textual Amendments

F3 Words in art. 8 substituted (1.4.2016) by The Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016 (S.I. 2016/96), arts. 1(2), 4(a)

F4 Words in art. 8 substituted (1.4.2016) by The Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016 (S.I. 2016/96), arts. 1(2), 4(b)

Commencement Information

I8 Art. 8 in force at 1.4.2011, see art. 1(1)

9.  A person does not provide day care where the care is provided by that person on the premises in question on fewer than 6 days in any calendar year and the person has notified the Welsh Ministers in writing before the first occasion on which the premises concerned are used in that year. E+W

Commencement Information

I9 Art. 9 in force at 1.4.2011, see art. 1(1)

10.  A person does not provide day care where the period or the total of the periods in any one day on which children are cared for on premises does not exceed two hours. E+W

Commencement Information

I10 Art. 10 in force at 1.4.2011, see art. 1(1)

11.  A person does not provide day care where the care is provided to a child [F5 who receives a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, at a place where such services are provided wholly or mainly to children and in respect of which a person is registered under Part 1 of that Act]. E+W

Textual Amendments

F5 Words in art. 11 substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 25(2)

Commencement Information

I11 Art. 11 in force at 1.4.2011, see art. 1(1)

[F6 11A.   A person does not provide day care where the care is provided to a child who receives a secure accommodation service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016) at a place where such services are provided and in respect of which a person is registered under Part 1 of the Act.] E+W

Textual Amendments

F6 Art. 11A inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 19(2)

12.  A person does not provide day care where the care is provided to a child accommodated in— E+W

(a) [F7 place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over],

(b) a hospital as a patient,

(c) a [F8 place at which a residential family centre service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided], or

as part of the activity of the establishment in question, whether by the provider of the establishment directly or by a person employed on the provider’s behalf.

Textual Amendments

F7 Words in art. 12(a) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 25(3)(a)

F8 Words in art. 12(c) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 25(3)(b)

Commencement Information

I12 Art. 12 in force at 1.4.2011, see art. 1(1)

13.—(1) A person does not provide day care where the care is provided at a hotel, guest house or other similar establishment for a child staying in that establishment where— E+W

(a) the provision only takes place between 6 pm and 2 am; and

(b) the person or, as the case may be, any individual employed by the person, who is providing the care is doing so for no more than two different clients at the same time.

(2) For the purposes of sub-paragraph (1)(b), a “client” (“cleient”) is a person at whose request (or persons at whose joint request) care is provided for a child.

Commencement Information

I13 Art. 13 in force at 1.4.2011, see art. 1(1)

14.—(1) A person does not provide day care where care is provided to children at a school and the provision of care is incidental to the provision of education. E+W

(2) In this article “school” (“ysgol”) means—

(i) a maintained school within the meaning of section 39 of the Education Act 2002(2); [F9 or]

(ii) an independent school; F10 ...

F10 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Word in art. 14(2) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) (No. 2) Regulations 2021 (S.I. 2021/933), regs. 1, 3(2)(a)

F10 Art. 14(2)(iii) and word omitted (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) (No. 2) Regulations 2021 (S.I. 2021/933), regs. 1, 3(2)(b)

Commencement Information

I14 Art. 14 in force at 1.4.2011, see art. 1(1)

15.—(1) Subject to paragraph (2), a person does not provide day care where the person provides coaching or tuition in an activity of a type listed in paragraph (3) and any care provided to them is incidental to the provision of that coaching or tuition. E+W

(2) The exception in this article does not apply if —

(a) the children are below the age of 5 and attend for longer than four hours per day; or,

(b) the person offers coaching or tuition in more than two of the types of activity listed in paragraph (3).

(3) The types of activity are —

(a) sport;

(b) performing arts;

(c) arts and crafts;

(d) school study or homework support;

(e) religious or cultural study.

Commencement Information

I15 Art. 15 in force at 1.4.2011, see art. 1(1)

[F11 16.— (1) A person does not provide child minding or day care if and to the extent that— E+W

(a) the person solely provides a youth service for young persons who have attained the age of eleven; and

(b) any care provided is incidental to the provision of that youth service.

(2) In this article “youth service” (“gwasanaeth ieuectid”) means an activity of a type listed in paragraph (3).

(3) For the purposes of paragraph (2), the type of activity are those—

(a) that encourage, enable or assist young persons who have attained the age of 11 to participate effectively in:

(i) leisure and recreational activities;

(ii) education and training;

(iii) the life of their communities; and

(b) where no payment or a nominal payment only is required from young persons to participate in such activity.]

Textual Amendments

F11 Art. 16 inserted (1.4.2016) by The Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016 (S.I. 2016/96), arts. 1(2), 5

Huw Lewis

Deputy Minister for Children Under authority of the Minister for Children Education and Lifelong Learning, on behalf of the Welsh Ministers

25 November 2010

Explanatory Note

(This note is not part of the Order)

This Order sets out exceptions to what constitutes “child minding” or “day care for children” for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (“the 2010 Measure”).

Section 21 and 23 of the 2010 Measure require, respectively, a child minder and a person who provides day care for children to register with the Welsh Ministers. Section 19(2) and (3) define “child minding” and “day care for children”. Section 19(4) and (5) confer power on the Welsh Ministers to specify circumstances in which a person whose activity would otherwise fall within one of the definitions is excepted from it and who is not therefore required to register.

(1)

2010 (nawm 1).

(2)

2002 c. 32.