1.—(1) These Regulations are to be cited as the Day Care (Application to Schools) (Wales) Regulations 2005 and are to come into force on 31 January 2005.
(2) These Regulations apply only in relation to Wales.
2.—(1) In these Regulations—
“the Act” (“y Ddeddf”) means the Children Act 1989;
“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales.
3. Subject to regulation 5, the circumstances prescribed for the purposes of paragraph 1 of Schedule 9A to the Act (exemption of certain schools) are those referred to in regulation 4.
4. The prescribed circumstances are that the main purpose for which the day care is provided is to look after children other than in the course of providing them with education.
5. If the day care to which regulation 4 applies was first provided at the school in question prior to the coming into force of these Regulations and continues to be so provided, regulations 3 and 4 will not apply to that day care (and therefore the provision of such day care without registration is not prohibited by section 79D(5) of the Act) until:—
(a)if no completed application for registration under Part XA of the Act is made in relation to the provision of that day care at that school prior to 1 April 2005, 1 April 2005;
(b)if such an application is made prior to 1 April 2005, the day on which the applicant is notified of the National Assembly’s decision in relation to it;
(c)if such an application is made prior to 1 April 2005, and the decision of the National Assembly in relation to it is that it be refused or be granted subject to conditions, not all of which have been agreed in writing between the applicant and the National Assembly, the expiry of 28 days from the date on which the applicant is notified of that decision;
(d)if the applicant for registration appeals against a decision to which sub-paragraph (c) applies, the date on which the appeal is abandoned or, if not abandoned, the date on which the applicant is notified of the decision in relation to it;
whichever is the later.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(1)
D. Elis-Thomas
The Presiding Officer of the National Assembly
25 January 2005