12(1)“Child minding” means, subject to sub-paragraphs (2) and (3) and paragraph 14(a), looking after one or more children on domestic premises for reward and “act as a child minder” is to be construed accordingly; but a service may be excepted from those definitions by regulations.
(2)For the purposes of sub-paragraph (1), a person who—
(a)is the parent, or a relative, of a child;
(b)has parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36)) relating to the child;
(c)is a foster parent with whom a child is placed by a local authority;
(d)maintains a foster child (within the meaning of the Foster Children (Scotland) Act 1984 (c. 56));
(e)a child is required to reside with by virtue of section 70(3)(a) of the Children (Scotland) Act 1995; or
(f)is a kinship carer (within the meaning of the Looked After Children (Scotland) Regulations 2009 (S.S.I. 2009/210)), of a child,
does not act as a child minder when looking after that child.
(3)For the purposes of sub-paragraph (1), where a person—
(a)looks after a child for the parents of the child and the work consists of looking after the child wholly or mainly in the parents' home; or
(b)looks after a child for the parents of the child (the “first parents”) and another child for the different parents of that other child (the “second parents”) and the work consists of looking after the children wholly or mainly in the first parents' home or in the second parents' home, or in both those homes,
that work is not child minding.