SCHEDULES

SCHEDULE 2Minor and consequential amendments

Children Act 1989 (c. 41)

F24

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I15

F1In the heading of Part 10A of the Children Act 1989 (child minding and day care for children in England and Wales), omit “England and”.

I26

F1 In Part 10A of the Children Act 1989 (including Schedule 9A) for “the registration authority”, “a registration authority” or “the authority”, wherever occurring, substitute (in each case) “ the Assembly ” .

I37

F1 In section 79B of the Children Act 1989 (other definitions etc. )—

a

omit subsection (1),

b

for subsection (2) substitute—

2

In this Act “ the Assembly ” means the National Assembly for Wales.

c

for subsection (7) substitute—

7

“ Regulations ” means regulations made by the Assembly.

I48

F1 In section 79C of the Children Act 1989 (regulations etc. governing child minders and day care providers), omit subsections (1), (4) and (5).

I59

F1In section 79D of the Children Act 1989 (requirement to register)—

a

for subsection (1) substitute—

1

No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.

b

in subsection (4) omit the words “(whether the contravention occurs in England or Wales)”, and

c

in subsection (5), after “premises” insert “ in Wales ” .

I610

F1In section 79H of the Children Act 1989 (suspension of registration), omit subsection (3).

I711

F1 In section 79K of the Children Act 1989 (protection of children in an emergency), in subsection (1) after “registered” insert “ under this Part ” .

I812

F1Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only to England).

I913

F1In section 79S of the Children Act 1989 (general functions of the Assembly), in subsection (2) omit the words from “but the regulations” to the end of the subsection.

I1014

F1 In section 79U of the Children Act 1989 (rights of entry etc. ) in subsection (1) omit “England or”.

I1115

F1 In section 79V of the Children Act 1989 (function of local authorities), after “local authority” insert “ in Wales ” .

I1216

F1 In section 79W of the Children Act 1989 (requirement for certificate of suitability), in subsection (1) after “children” (in the first place where it occurs) insert “ in Wales ” .

I1317

F1In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b) omit “England and”.

18

I14F1 1

Schedule 9A to the Children Act 1989 (child minding and day care for young children) is amended as follows.

I14 2

In the heading, after “children” insert “ in Wales ” .

I14 3

In paragraph 1 (exemption of certain schools), in sub-paragraph (1)(c), omit “the Secretary of State or”.

I14 4

In paragraph 4 (disqualification for registration)—

a

in sub-paragraph (1), after “day care” insert “ in Wales ” ,

b

in sub-paragraph (2)(f), after “Part XA” insert “ , or Part 3 of the Childcare Act 2006, ” ,

c

in sub-paragraph (3), after “day care” (in each place where it occurs) insert “ in Wales ” ,

d

in sub-paragraph (4), after “day care” (in each place where it occurs) insert “ in Wales ” , and

e

in sub-paragraph (5), after “day care” (in each place where it occurs) insert “ in Wales ” .

5

In paragraph 5 (offences relating to disqualification)—

I14 a

in sub-paragraph (1)(a)—

i

after “child minder” insert “ in Wales ” ,

ii

after “child minding” insert “ in Wales ” ,

I15I14 b

in sub-paragraph (1)(b) for “any of sub-paragraphs (3) to (5)” substitute “ sub-paragraph (4) or (5) ” , and

I15 c

for sub-paragraph (2) substitute—

2

A person who contravenes sub-paragraph (4) of paragraph 4 shall not be guilty of an offence under this paragraph if—

a

he is disqualified for registration by virtue only of regulations made under sub-paragraph (3) of paragraph 4, and

b

he proves that he did not know, and had no reasonable grounds for believing, that he was living in the same household as a person who was disqualified for registration or in a household in which such a person was employed.

6

In paragraph 6 (certificates of registration), in sub-paragraph (5)—

a

in paragraph (a) for “(in England or in Wales)” substitute “ in Wales ” , and

b

in paragraph (b) after “any premises” insert “ in Wales ” .

I14 7

In paragraph 8 (co-operation between authorities), omit sub-paragraph (1).