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Statutory Instruments

2005 No. 2448

CHILDREN AND YOUNG PERSONS, ENGLAND

The Child Minding and Day Care (Applications for Registration) (England) (Amendment) Regulations 2005

Made

27th August 2005

Laid before Parliament

9th September 2005

Coming into force

3rd October 2005

The Secretary of State for Education and Skills in exercise of the powers conferred by section 79E(2) of the Children Act 1989(1) hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as The Child Minding and Day Care (Applications for Registration) (England) (Amendment) Regulations 2005 and shall come into force on 3rd October 2005.

(2) These Regulations apply only in relation to England.

Amendment of Regulations

2.  The Child Minding and Day Care (Applications for Registration) (England) Regulations 2001(2) shall be amended in accordance with regulations 3 to 7.

3.  For regulation 2 substitute the following—

2.  In these Regulations “responsible individual” has the same meaning as in section 79B (5ZA) of the Children Act 1989(3).

4.  For paragraph 1D of the Schedule substitute the following—

1D.  The date of birth, full name and any former names or aliases of any responsible individual.

5.  For paragraph 2 of the Schedule substitute the following—

2.  The address of the premises at which the children are to be looked after and the addresses of the applicant and any responsible individual..

6.  In paragraphs 7, 8, 9, 10, 11 and 16 of the Schedule for “person in charge” substitute “responsible individual”.

7.  Omit paragraph 15 of the Schedule.

Beverley Hughes

Minister of State

Department for Education and Skills

27th August 2005

Explanatory Note

(This note is not part of the Order)

These Regulations amend The Child Minding and Day Care (Applications for Registration) Regulations 2001 to reflect changes made to section 79B(4) of the Children Act 1989 by the Children Act 2004. The changes place the responsibility for checking that staff are suitable on the applicant. As a result, Her Majesty’s Chief Inspector is now only required to check that the applicant and responsible individual are suitable to look after children and/or be in regular contact with them. The application for registration for day care therefore only needs to give details of the applicant and any responsible individual.

(1)

1989 c. 41. Section 79E was inserted by section 79(1) of the Care Standards Act 2000 (c. 14).

(2)

S.I.2001/1829 amended by SI 2003/1995.

(3)

Paragraph 5ZA was inserted in the Children Act 1989 by section 48 of, and paragraphs 1 and 6(c) of Schedule 4 to, the Children Act 2004 (c. 31).