Children Act 1989

Introductory E+W

F1 79A Child minders and day care providers. E+W

(1) This section and section 79B apply for the purposes of this Part.

(2) “Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly.

(3) A person who—

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

(b) has parental responsibility for a child;

(c) is a local authority foster parent in relation to a child;

(d) is a foster parent with whom a child has been placed by a voluntary organisation; or

(e) fosters a child privately,

does not act as a child minder when looking after that child.

(4) Where a person—

(a) looks after a child for the parents (“P1”), or

(b) in addition to that work, looks after another child for different parents (“P2”),

and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding.

(5) In subsection (4), “parent”, in relation to a child, includes—

(a) a person who is not a parent of the child but who has parental responsibility for the child;

(b) a person who is a relative of the child.

(6) “Day care” means care provided at any time for children under the age of eight on premises other than domestic premises.

(7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours.

(8) In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.

Textual Amendments

F1 S. 79A inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F2 79B Other definitions, etc. E+W

(1) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (2) In this Act “the Assembly” means the National Assembly for Wales.]

(3) A person is qualified for registration for child minding if—

(a) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;

(b) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;

(c) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

(d) he is complying with regulations under section 79C and with any conditions imposed [F5 under this Part] .

(4) A person is qualified for registration for providing day care on particular premises if—

[F6 (a) he has made adequate arrangements to ensure that—

(i) every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and

(ii) every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;

(b) the responsible individual—

(i) is suitable to look after children under the age of eight, or

(ii) if he is not looking after such children, is suitable to be in regular contact with them;]

(c) the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

(d) he is complying with regulations under section 79C and with any conditions imposed [F7 under this Part] .

(5) For the purposes of subsection [F8 (4)(a)] a person is not treated as working on the premises in question if—

(a) none of his work is done in the part of the premises in which children are looked after; or

(b) he does not work on the premises at times when children are looked after there.

[F9 (5ZA) For the purposes of subsection (4), “the responsible individual” means—

(a) in a case of one individual working on the premises in the provision of day care, that person;

(b) in a case of two or more individuals so working, the individual so working who is in charge.]

[F10 (5A) Where, for the purposes of determining a person’s qualification for registration under this Part—

(a) [F11 the Assembly] requests any person (“A”) to consent to the disclosure to [F11 the Assembly] by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and

(b) A does not give his consent (or withdraws it after having given it),

[F11 the Assembly] may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.]

(6) “Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle.

[F12 (7) “Regulations” means regulations made by the Assembly.]

(8) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Schedule 9A (which supplements the provisions of this Part) shall have effect.

Textual Amendments

F2 S. 79B inserted ((W.) 1.7.2001 for certain purposes and 1.4.2002 otherwise and (E.) 2.7.2001 for certain purposes and 1.4.2002 otherwise) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2: S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F3 S. 79B(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 7(a) and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F4 S. 79B(2) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 7(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F5 Words in s. 79B(3)(d)(4)(d) substituted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 2(1); S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, art. 2(2)(c)

F6 S. 79B(4)(a)(b) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(a); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F7 Words in s. 79B(3)(d)(4)(d) substituted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 2(1); S.I. 2005/394, art. 2(1)(k)

F8 Words in s. 79B(5) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(b); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F9 S. 79B(5ZA) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(c); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)

F10 S. 79B(5A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F11 Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F12 S. 79B(7) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 7(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F13 S. 79B(8) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 74