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The Day Care and Child Minding (Registration Fees) (England) Regulations 2005

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Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the fees under section 79E of, and paragraph 6(4) and 7 of Schedule 9A to, the Children Act 1989 in relation to registration for child minding or providing day care.

“Child minding” is defined in section 79A(2) of that Act, subject to the following subsections of that section, as looking after one or more children under the age of 8 on domestic premises for reward.

“Day care” is defined in section 79A(6) of that Act as care provided at any time for children under the age of 8 on premises other than domestic premises.

The Regulations also prescribe the annual fees to be paid by child minders and those providing day care under paragraph 7 of Schedule 9A to the Children Act 1989. They also prescribe the fee payable for a replacement certificate where the original has been lost or destroyed.

The Children Act 2004 amended sections 79E and 79F of the Children Act 1989 to provide that fees are to be paid at the time of application rather than at some point up until the grant or refusal of registration and to provide for fees to be paid other than annually. These Regulations replace the Child Minding and Day Care (Registration and Annual Fees) Regulations 2001 (SI 2001/1886) and are necessary following this amendment of the Children Act 1989 by the Children Act 2004. The level of fees has not been changed.

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