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The Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005

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Statutory Instruments

2005 No. 2298 (C.97)

CHILDREN AND YOUNG PERSONS, ENGLAND

The Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005

Made

16th August 2005

The Secretary of State for Education and Skills, in exercise of the powers conferred upon her by section 67(7)(c) of, and Part 2 of Schedule 5 to, the Children Act 2004(1), hereby makes the following Order:

Citation

1.  This Order may be cited as the Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005.

Provisions coming into force and savings

2.—(1) Subject to paragraph (2), the following provisions of the Children Act 2004 shall come into force so far as relating to England on 3rd October 2005—

  • section 48 (child minding and day care);

  • Schedule 4; and

  • in Schedule 5, Part 2,

so far as they are not already in force.

(2) In relation to persons who have applied for registration as providers of day care under section 79E of the Children Act 1989(2) before 3rd October 2005 but whose application has not been granted or refused by that date under section 79F of that Act, paragraph 6 of Schedule 4 to the Children Act 2004 shall be treated as coming into force in relation to those persons on the date their application is granted.

Beverley Hughes

Minister of State

Department for Education and Skills

Explanatory Note

(This note is not part of the Order)

This is the fourth Commencement Order made under the Children Act 2004. This Commencement Order brings section 48 of, and paragraphs 1, 3, 4 and 6 of Schedule 4 to, the Act together with related repeals into force so far as relating to England on 3rd October 2005. Savings are made in relation to paragraph 6 of Schedule 4.

Paragraphs 3 and 4 of Schedule 4 amend sections 79E, 79F and 79G of the Children Act 1989 to provide that when an application is made by a person who wishes to be registered as a childminder or as a provider of day care they must pay a fee.

Paragraph 6 of Schedule 4 amends section 79B(4) of the Children Act 1989 to provide that the provider of day care must make adequate arrangement to ensure that every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of 8; and every person (other than himself and the responsible individual) living or working on the premises is suitable to be regular contact with the children under the age of 8. This amendment does not apply to applications for registration which have been made before 3rd October but not determined by that date. It does apply to such providers of day care once their application has been granted.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Children Act 2004 have been, or will be brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 101 April 20052005/394
Section 11 (partially)1 March 20052005/394
Section 11 (remainder)1 October 20052005/394
Section 13 (partially)1 March 20052005/394
Section 14 (partially)1 March 20052005/394
Section 16 (partially)1 March 20052005/394
Section 171 March 20052005/394
Section 181 April 20042005/394
Section 201 March 20052005/394
Section 211 March 20052005/394
Section 221 March 20052005/394
Section 231 March 20052005/394
Section 241 April 20052005/394
Section 351 April 20052005/700
Section 361 April 20052005/700
Section 371 April 20052005/700
Section 381 April 20052005/700
Section 391 April 20052005/700
Section 401 April 20052005/700
Section 411 April 20052005/700
Section 4216 March 20052005/700
Section 4316 March 20052005/700
Section 44 (partially)1 April 20052005/394
Section 44 (remainder)1 July 20052005/394
Section 48 (partially) and paragraphs 1, 2, 5 and 7 of Schedule 41 March 20052005/394
Section 501 March 20052005/394
Section 51 (partially)1 April 20052005/394
Section 521 July 20052005/394
Section 531 March 20052005/394
Section 541 March 20052005/394
Section 551 April 20052005/394
Section 571 March 20052005/394
Section 60 in relation to England and Wales1 March 20052005/394
Section 6212 April 20052005/847
Schedule 31 April 20052005/700
Part 1 of Schedule 51 March 20052005/394
Part 2 of Schedule 5 (partially)1 March 20052005/394
Parts 3 and 4 of Schedule 51 April 20052005/394
(2)

1989 c. 41; sections 79E and 79F were inserted by section 79(1) of the Care Standards Act 2000 (c. 14).

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