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Partial exemption for seasonal day care of children services

6.—(1) Subject to paragraph (3), regulation 5 does not apply in relation to a worker who works solely in a seasonal day care service.

(2) Where such a worker intends to work in any year and has worked in a seasonal day care service in any two relevant years prior to the year in which that worker is to start such work, the worker must apply to be registered prior to starting work.

(3) Such a worker may only work in a seasonal day care service if that worker—

(a)is registered; or

(b)has submitted an application for registration and the worker has not been notified of the Council’s decision.

(4) For the purposes of this regulation—

“relevant year” means 2013 and any subsequent calendar year;

“seasonal day care service” means a day care of children(1) service which is provided—

(a)

for only part of a year (including more than once within a year); and

(b)

to fulfil a particular need for day care of children due to the time of year;

“worker” means either a support worker in a day care of children service or a practitioner in a day care of children service (within the meaning of article 1(2) of the 2005 Order).

(1)

“Day care of children” is defined in paragraph 13 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).