Children Act 1989

Exemption of certain schools E+W+S

3 (1) Section 71 does not apply in relation to any child looked after in any—

(a) school maintained or assisted by a local education authority;

(b) school under the management of an education authority;

(c) school in respect of which payments are made by the Secretary of State under [F1 section 485 of the Education Act 1996];

(d) independent school;

(e) grant-aided school;

F2 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) self-governing school;

(h) play centre maintained or assisted by a local education authority under [F3 section 508 of that Act], or by an education authority under section 6 of the M1 Education (Scotland) Act 1980.

(2) The exemption provided by sub-paragraph (1) only applies where the child concerned is being looked after in accordance with provision for day care made by—

(a) the person carrying on the establishment in question as part of the establishment’s activities; or

(b) a person employed to work at that establishment and authorised to make that provision as part of the establishment’s activities.

(3) In sub-paragraph (1)—

• [F4 “assisted”has the same meaning as in the M2 Education Act 1996;

• “maintained” has the same meaning as in the School Standards and Framework Act 1998; and]

• F5 . . ..

Textual Amendments

F1 Words in Sch. 9, para. 3(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1),583(2), Sch. 37 Pt. I para. 94(2)(a)(with s. 1(4))

F2 Sch. 9 para. 3(1)(f) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3 Words in Sch. 9 para. 3(1) substituted (1.11.1996) by 1996 c. 56, s. 582(1), 583(2), Sch. 37 Pt. I para. 94(2)(b)(with s. 1(4))

F4 Definitions of “assisted" and “maintained" in Sch. 9 para. 3(3) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), Sch. 30 para.21 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F5 Definition of “grant maintained" in Sch. 9 para. 3(3) repealed (1.9.1999) by 1998 c. 31, ss. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 Sch. 9 para. 3 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

C2 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

Commencement Information

I1 Sch. 9 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1980 c. 44.

M2 1996 c. 56