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The Child Minding and Day Care Exceptions (Wales) Order 2010

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PART 3Day care for children exceptions

8.  A person who provides care for children under the age of eight on premises other than domestic premises is not providing day care for the purposes of the 2010 Measure in the circumstances set out in the following articles 9 to 15.

9.  A person does not provide day care where the care is provided by that person on the premises in question on fewer than 6 days in any calendar year and the person has notified the Welsh Ministers in writing before the first occasion on which the premises concerned are used in that year.

10.  A person does not provide day care where the period or the total of the periods in any one day on which children are cared for on premises does not exceed two hours.

11.  A person does not provide day care where the care is provided to a child cared for in a children’s home in respect of which a person is registered under Part 2 of the Care Standards Act 2000.

12.  A person does not provide day care where the care is provided to a child accommodated in—

(a)a care home,

(b)a hospital as a patient,

(c)a residential family centre, or

as part of the activity of the establishment in question, whether by the provider of the establishment directly or by a person employed on the provider’s behalf.

13.—(1) A person does not provide day care where the care is provided at a hotel, guest house or other similar establishment for a child staying in that establishment where—

(a)the provision only takes place between 6 pm and 2 am; and

(b)the person or, as the case may be, any individual employed by the person, who is providing the care is doing so for no more than two different clients at the same time.

(2) For the purposes of sub-paragraph (1)(b), a “client” (“cleient”) is a person at whose request (or persons at whose joint request) care is provided for a child.

14.—(1) A person does not provide day care where care is provided to children at a school and the provision of care is incidental to the provision of education.

(2) In this article “school” (“ysgol”) means—

(i)a maintained school within the meaning of section 39 of the Education Act 2002(1);

(ii)an independent school; or

(iii)a school approved by the Welsh Ministers under s.342 of the Education Act 1996(2) (approval of non-maintained special schools).

15.—(1) Subject to paragraph (2), a person does not provide day care where the person provides coaching or tuition in an activity of a type listed in paragraph (3) and any care provided to them is incidental to the provision of that coaching or tuition.

(2) The exception in this article does not apply if —

(a)the children are below the age of 5 and attend for longer than four hours per day; or,

(b)the person offers coaching or tuition in more than two of the types of activity listed in paragraph (3).

(3) The types of activity are —

(a)sport;

(b)performing arts;

(c)arts and crafts;

(d)school study or homework support;

(e)religious or cultural study.

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