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Children Act 2004

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Section 48

SCHEDULE 4E+WChild minding and day care

This schedule has no associated Explanatory Notes

1Part 10A of the Children Act 1989 (c. 41) is amended as follows.E+W

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Commencement Information

I1Sch. 4 para. 1 not in force at Royal Assent see s. 67(7); Sch. 4 para. 1 in force at 1.3.2005 for certain purposes for E. by S.I. 2005/394, art. 2(1); Sch. 4 para. 1 in force for E. in so far as not already in force at 3.10.2005 by S.I. 2005/2298, art. 2(1) (with savings in art. 2(2)); Sch. 4 partly in force at 1.4.2006 by S.I. 2006/885, art. 2(2)

Amendments relating to child minding and day care E+W

Conditions imposed by justice of the peace or tribunalE+W

2(1)In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute “ under this Part ”.E+W

(2)In section 79G(2), omit “under section 79F(3)”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 4 para. 2 wholly in force at 1.4.2006; Sch. 4 para. 2 not in force at Royal Assent see s. 67(7); Sch. 4 para. 2 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 2 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Application feesE+W

3(1)In section 79E(2), at the end insert—E+W

(c)be accompanied by the prescribed fee.

(2)In section 79F(1) and (2)—

(a)after “on an application” insert “ under section 79E ”;

(b)omit paragraph (b) and the preceding “and”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 4 para. 3 wholly in force at 1.4.2006; Sch. 4 para. 3 not in force at Royal Assent, see s. 67; Sch. 4 para. 3 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 4 para. 3 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Fees payable by registered personsE+W

4(1)In section 79G(1), for “an annual fee” substitute “ a fee ”.E+W

(2)In Schedule 9A—

(a)in the heading before paragraph 7, omit “Annual”;

(b)in paragraph 7, for the words from “at prescribed times” to the end substitute “ , at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by the registration authority of its functions under Part XA. ”

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 4 para. 4 wholly in force at 1.4.2006; Sch. 4 para. 4 not in force at Royal Assent, see s. 67; Sch. 4 para. 4 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 4 para. 4 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Waiver of disqualificationE+W

5In Schedule 9A, in paragraph 4(3A)—E+W

(a)after “disqualified for registration” insert “ (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5)) ”;

(b)in paragraph (b), omit “to his registration”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent see s. 67(7); Sch. 4 para. 5 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

Amendments relating to day care only E+W

Qualification for registrationE+W

6In section 79B(4)—E+W

(a)for paragraphs (a) and (b) substitute—

(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;;

(b)in subsection (5), for “(4)(b)” substitute “ (4)(a) ”;

(c)after subsection (5) insert—

((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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 4 para. 6 wholly in force at 1.4.2006; Sch. 4 para. 6 not in force at Royal Assent, see s. 67; Sch. 4 para. 6 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (with savings in art. 2(2)); Sch. 4 para. 6 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Hotels etcE+W

7In Schedule 9A, after paragraph 2 insert—E+W

2A(1)Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where—

(a)the provision takes place only between 6 pm and 2 am; and

(b)the person providing the care is doing so for no more than two different clients at the same time.

(2)For the purposes of sub-paragraph (1)(b), a “client” is a person at whose request (or persons at whose joint request) day care is provided for a child.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 4 para. 7 wholly in force at 1.4.2006; Sch. 4 para. 7 not in force at Royal Assent see s. 67(7); Sch. 4 para. 7 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 7 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Prohibition in respect of disqualified personsE+W

8In Schedule 9A, in paragraph 4(4)—E+W

(a)after “or be” insert “ directly ”;

(b)omit “, or have any financial interest in,”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 4 para. 8 wholly in force at 1.4.2006; Sch. 4 para. 8 not in force at Royal Assent see s. 67(7); Sch. 4 para. 8 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 8 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Unincorporated associationsE+W

9In Schedule 9A, after paragraph 5 insert—E+W

Provision of day care: unincorporated associationsE+W

5A(1)References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association.

(2)Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3)For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(4)In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate.

(5)A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association.

(6)If an offence under Part XA committed by an unincorporated association is shown—

(a)to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b)to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 4 para. 9 wholly in force at 1.4.2006; Sch. 4 para. 9 not in force at Royal Assent see s. 67(7); Sch. 4 para. 9 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 9 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

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