F3F3F1C1Part XA Child Minding and Day Care for Children in F2. . . Wales
Pt. XA (ss. 79A-79X) inserted by 2000 c. 14, ss. 79(1), 122 (the insertion coming into force at 16.3.2001 for specified purposes for E., at 1.7.2001 for specified purposes for W., at 2.7.2001 for specified purposes for E., at 1.4.2002 for specified purposes for E., at 1.4.2002 otherwise for W., at 2.9.2002 for specified purposes for E., and otherwise prosp.) by: S.I. 2001/1210, art. 2; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2; S.I. 2002/2215, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3))
Pt. XA heading: words repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 5, Sch. 3; S.I. 2008/ 2261, {art. 2} (with art. 3, Sch. 1 and art. 4 Sch. 2)
Pt. XA applied (1.9.2003) (E.) by The Day Care (Application to Schools) (England) Regulations 2003 (S.I. 2003/1992), reg. 3 (subject to reg. 4)
Registration
F1679D Requirement to register.
F171
No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.
2
3
An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.
4
If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse F19. . . , he shall be guilty of an offence.
5
6
If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.
7
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F479E Applications for registration.
1
A person who wishes to be registered under this Part shall make an application to F6the Assembly .
2
The application shall—
a
give prescribed information about prescribed matters;
b
give any other information which F6the Assembly reasonably requires the applicant to give.
F5c
be accompanied by the prescribed fee.
3
Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.
4
5
A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
F779F Grant or refusal of registration.
1
If, on an application F8under section 79E by a person for registration for child minding—
a
b
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10the Assembly shall grant the application; otherwise, it shall refuse it.
2
If, on an application F8under section 79E by any person for registration for providing day care on any premises—
a
b
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10the Assembly shall grant the application; otherwise, it shall refuse it.
3
4
F10The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.
5
Any register kept by F10the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.
6
A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.
7
A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F2179G Cancellation of registration.
1
F24the Assembly may cancel the registration of any person if—
a
in the case of a person registered for child minding, F24the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;
b
in the case of a person registered for providing day care on any premises, F24the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,
or if F23a fee which is due from the person has not been paid.
2
Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person F22. . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—
a
the time set for complying with the requirements has not expired; and
b
it is shown that the defect or insufficiency is due to the changes or additions not having been made.
3
Any cancellation under this section must be in writing.
F1179H Suspension of registration.
1
Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by F13the Assembly in prescribed circumstances.
2
Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the F15First-tier Tribunal against suspension.
F123
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.
5
A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.
6
If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F2579J Resignation of registration.
1
A person who is registered for acting as a child minder or providing day care may by notice in writing to F26the Assembly resign his registration.
2
But a person may not give a notice under subsection (1)—
a
b
if F26the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
F2779K Protection of children in an emergency.
1
If, in the case of any person registered F28under this Part for acting as a child minder or providing day care—
a
F29the Assembly applies to a justice of the peace for an order—
i
cancelling the registration;
ii
varying or removing any condition to which the registration is subject; or
iii
imposing a new condition; and
b
it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,
the justice may make the order.
2
The cancellation, variation, removal or imposition shall have effect from the time when the order is made.
3
An application under subsection (1) may be made without notice.
4
An order under subsection (1) shall be made in writing.
5
Where an order is made under this section, F29the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order—
a
a copy of the order;
b
a copy of any written statement of F29the Assembly’s reasons for making the application for the order which supported that application; and
c
notice of any right of appeal conferred by section 79M.
6
Where an order has been so made, F29the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.
F30C279L Notice of intention to take steps.
1
Not less than 14 days before—
a
refusing an application for registration;
b
cancelling a registration;
c
removing or varying any condition to which a registration is subject or imposing a new condition; or
d
refusing to grant an application for the removal or variation of any condition to which a registration is subject,
F31the Assembly shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.
2
Every such notice shall—
a
give F31the Assembly’s reasons for proposing to take the step; and
b
inform the person concerned of his rights under this section.
3
4
Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative.
5
If F31the Assembly , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision.
6
A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination.
7
Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies F31the Assembly in writing that he does not intend to appeal.
F3279M Appeals.
1
An appeal against—
a
the taking of any step mentioned in section 79L(1); F33. . .
b
an order under section 79K, F34or
c
a determination made by F36the Assembly under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,
shall lie to the F37First-tier Tribunal.
2
On an appeal, the F37First-tier Tribunal may—
a
confirm the taking of the step or the making of the order F35or determination or direct that it shall not have, or shall cease to have, effect; and
b
impose, vary or cancel any condition.
Pt. XA repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)