The Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016

Title, commencement and application

1.—(1) The title of this Order is the Child Minding and Day Care Exceptions (Wales) (Amendment) Order 2016.

(2) This Order comes into force on 1 April 2016.

(3) This Order applies in relation to Wales.

Amendments to the Child Minding and Day Care Exceptions (Wales) Order 2010

2.  The Child Minding and Day Care Exceptions (Wales) Order 2010(1) (“the 2010 Order”) is amended in accordance with articles 3 to 5 of this Order.

3.  In article 2 of the 2010 Order—

(a) for “under the age of eight” substitute “under the age of twelve”;

(b) for “in the following articles 3 to 7.” substitute “in articles 3 to 7 and 16 of this Order.”.

4.  In article 8 of the 2010 Order—

(a) for “under the age of eight” substitute “under the age of twelve”;

(b) for “in the following articles 9 to 15” substitute “in articles 9 to 16 of this Order.”.

5.  After article 15 of the 2010 Order insert—

“16.— (1) A person does not provide child minding or day care if and to the extent that—

(a) the person solely provides a youth service for young persons who have attained the age of eleven; and

(b) any care provided is incidental to the provision of that youth service.

(2) In this article “youth service” (“gwasanaeth ieuectid”) means an activity of a type listed in paragraph (3).

(3) For the purposes of paragraph (2), the type of activity are those—

(a) that encourage, enable or assist young persons who have attained the age of 11 to participate effectively in:

(i) leisure and recreational activities;

(ii) education and training;

(iii) the life of their communities; and

(b) where no payment or a nominal payment only is required from young persons to participate in such activity.”.

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers

27 January 2016