3(1)The establishments referred to in paragraph 1(2) and [F1(9C)] are—E+W
(a)an educational institution which is exclusively or mainly for the provision of full-time education to children;
[F2(aa) a school falling within section [F319(2) or (2B)] [F319(2B) or 19A(2)] of the Education Act 1996 (pupil referral units etc ) which does not fall within sub-paragraph (1)(a); ]
[F4(ab)an alternative provision Academy which does not fall within paragraph (a);]
(b)an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31));
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)an institution which is exclusively or mainly for the detention of children;
[F6(da)premises in Wales at which a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided;]
(e)a children's home [F7in England] (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));
[F8(ea)premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children;]
(f)a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);
[F9(fa)a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);]
(g)relevant childcare premises.
(2)Relevant childcare premises are any part of premises on which a person carries on—
(a)any form of childcare (within the meaning of section 18 of the Childcare Act 2006 (c. 21)) in respect of which he must be registered under that Act;
(b)any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered;
(c)any form of [F10child minding or] day care [F11(within the meaning of section 19 of the Children and Families (Wales) Measure 2010)] in respect of which he must be registered under that Act.
[F12(3)But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.
(4)For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.
(5)“Parental responsibility” has the same meaning as in the Children Act 1989.]
Textual Amendments
F1Word in Sch. 4 para. 3(1) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 4(a)
F2Sch. 4 para. 3(1)(aa) inserted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 4(b)
F3Words in Sch. 4 para. 3(1)(aa) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 9(b)
F4Sch. 4 para. 3(1)(ab) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 21(a) (with art. 3)
F5Sch. 4 para. 3(1)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 64(8), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
F6Sch. 4 para. 3(1)(da) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 37(a)
F7Words in Sch. 4 para. 3(1)(e) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 37(b)
F8Sch. 4 para. 3(1)(ea) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 37(c)
F9Sch. 4 para. 3(1)(fa) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 200, 269(2)
F10Words in Sch. 4 para. 3(2)(c) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 25(2)
F11Words in Sch. 4 para. 3(2)(c) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(c); S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)
F12Sch. 4 para. 3(3)-(5) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 25(3)
Commencement Information
I1Sch. 4 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
I2Sch. 4 para. 3 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
I3Sch. 4 para. 3 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)