Explanatory Notes

Care Standards Act 2000

2000 CHAPTER 14

20 July 2000

Commentary on Sections

Schedule 3 Child Minding and Day Care for Young Children

215.Paragraphs 1, 2 and 3 disapply certain schools or other establishments from Part XA. This means they need not be registered by the registration authority, although regulation making powers may require some schools to register in certain circumstances. Hospitals which care for children as patients are to be excluded from regulation, although on site child care provision (for example, a crèche for the children of staff), will be regulated. Premises which are used for day care for less than six days a year are exempted.

216.Paragraph 4 provides for regulations to be made as to the circumstances in which a person can be disqualified from registering as a child minder or day care provider or from otherwise being involved in the provision of day care. The precise grounds for disqualification will be set out in regulations. These provisions also apply to members of the household, potential employees and managers of day care businesses.

217.Paragraph 5 provides that contravention of the provision made by or under paragraph 4 is an offence unless one of the defences set out in subparagraphs (2) or (3) applies. The penalty for this offence is up to 6 months imprisonment, a fine not exceeding level 5 on the standard scale or both.

218.Paragraph 6 provides for certificates of registration to be issued to successful applicants. Paragraph 7 provides for regulations to be made requiring registered childminders and day care providers to pay an annual fee to the registration authority. Paragraph 8 enables the registration authority to ask for and receive assistance from local authorities in carrying out its child minding and day care regulatory duties.