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(1)This section applies for the purposes of this Part and Part 3.
(2)“Childcare” means any form of care for a child and, subject to subsection (3), care includes—
(a)education for a child, and
(b)any other supervised activity for a child.
(3)“Childcare” does not include—
(a)education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or
(b)any form of health care for a child.
(4)“Childcare” does not include care provided for a child by—
(a)a parent or step-parent of the child;
(b)a person with parental responsibility for the child;
(c)a relative of the child;
(d)a person who is a local authority foster parent in relation to the child;
(e)a person who is a foster parent with whom the child has been placed by a voluntary organisation;
(f)a person who fosters the child privately.
(5)“Childcare” does not include care provided for a child if the care—
(a)is provided in any of the following establishments as part of the establishment's activities—
(i)an appropriate children's home,
(ii)a care home,
(iii)a hospital in which the child is a patient,
(iv)a residential family centre, and
(b)is so provided by the person carrying on the establishment or a person employed to work at the establishment.
(6)The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.
(7)“Childcare” does not include care provided for a child who is detained in—
(a)a young offender institution, or
(b)a secure training centre.
(8)In this section—
(a)“appropriate children's home”, “ ”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);
(b)“care home”, “hospital” and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);
(c)“relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.
For the purposes of this Part and Part 3, a child is a “young child” during the period—
(a)beginning with his birth, and
(b)ending immediately before the 1st September next following the date on which he attains the age of five.
In this Part “early years provision” means the provision of childcare for a young child.
In this Part—
“childcare” has the meaning given by section 18;
“early years provision” has the meaning given by section 20;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State;
“young child” has the meaning given by section 19.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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