PART 7Provisions relating to Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006

Regulated activity relating to Children

Definition of relevant child care premises25

1

Paragraph 3 of Schedule 4 to the Act is amended as follows.

2

In sub-paragraph (2)(c), after “any form of” insert “child minding or”.

3

After sub-paragraph 3(2) insert—

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.

Office holders and other amendments to paragraph 4 of Schedule 4 to the Act26

1

Paragraph 4 of Schedule 4 to the Act is amended as follows.

2

In sub-paragraph (1)(a), after “member of” insert “or clerk to”.

3

In sub-paragraph (1), after paragraph (a) insert—

aa

person appointed by the governing body of a maintained school to serve on a committee established by that body;

ab

chief executive of a local authority that has any education functions or social services functions;

4

In sub-paragraph (1), after paragraph (o) insert—

p

an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to children;

q

a person appointed under section 27(1)(a) of the Children Act 200432 as the lead director for children and young people’s services (Wales);

r

Children’s Rights Director appointed under section 120 of the Education and Inspections Act 200633 and a person whose duties consist wholly or mainly of assisting the Director in the exercise of the Director’s functions.

5

After sub-paragraph (1) insert—

1A

For the purposes of sub-paragraph (1)(a), a person is a clerk to the governing body of an educational establishment mentioned in section 8(5) if—

a

the person is appointed in accordance with regulations under section 23 of the Education Act 2002 as a clerk to the governing body of a maintained school, or

b

the person is appointed in relation to the governing body of any other educational establishment mentioned in section 8(5) and has functions similar to those of a person falling within paragraph (a).

1B

For the purposes of sub-paragraph (1)(p) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.

6

In sub-paragraph (7), after the definition of “local authority” insert—

  • “maintained school” has the same meaning as in section 39 of the Education Act

  • 2002;