Child minding and day care qualifications CA 1989 s. 79B
Qualifications for child minding & day care: suitability of persons & premises, compliance with regulations. Defines 'Assembly' (Wales) & 'domestic premises'.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this Act “ the Assembly ” means the National Assembly for Wales. A person is qualified for registration for child minding if— he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight; every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight; the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and he is complying with regulations under section 79C and with any conditions imposed under this Part . A person is qualified for registration for providing day care on particular premises if— he has made adequate arrangements 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 eight; and every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight; the responsible individual— is suitable to look after children under the age of eight, or if he is not looking after such children, is suitable to be in regular contact with them; the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and he is complying with regulations under section 79C and with any conditions imposed under this Part . For the purposes of subsection (4)(a) a person is not treated as working on the premises in question if— none of his work is done in the part of the premises in which children are looked after; or he does not work on the premises at times when children are looked after there. For the purposes of subsection (4), “ the responsible individual ” means— in a case of one individual working on the premises in the provision of day care, that person; in a case of two or more individuals so working, the individual so working who is in charge. Where, for the purposes of determining a person’s qualification for registration under this Part— the Assembly requests any person (“ A ”) to consent to the disclosure to the Assembly by another person (“ B ”) of any information relating to A which is held by B and is of a prescribed description, and A does not give his consent (or withdraws it after having given it), the Assembly may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children. “ Domestic premises ” means any premises which are wholly or mainly used as a private dwelling and “ premises ” includes any area and any vehicle. “ Regulations ” means regulations made by the Assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 9A (which supplements the provisions of this Part) shall have effect.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines key terms used in Part XA of the Children Act 1989. 'The Assembly' means the National Assembly for Wales. 'Domestic premises' means premises used wholly or mainly as a private dwelling, and 'premises' includes any area and any vehicle. 'Regulations' are made by the Assembly.
It sets out who is qualified to register as a child minder or day care provider. For child minding, the applicant and everyone looking after children must be suitable; everyone living or working on the premises must be suitable to be around children under eight; the premises must be suitable; and the applicant must comply with regulations and any conditions. For day care, the same conditions apply but with a 'responsible individual' (the person in charge). Additionally, if a person refuses to consent to disclosure of information requested by the Assembly, the Assembly may treat them as unsuitable.
When it applies
- A person applies to register as a child minder and the Assembly checks the suitability of every adult living in the home.
- A day care provider must ensure that all staff working with children are suitable, and that the premises (including outdoor areas and vehicles) are appropriate.
- A person works on day care premises but only in a part of the building where children are not present; they are not considered 'working on the premises' for suitability purposes.
- A child minder uses a vehicle to transport children; that vehicle is treated as 'premises' and must be suitable.
What this section does not say
- The process for applying or cancelling registration (those are in sections 79D to 79G).
- The definition of 'child minder' or 'day care' (those are in section 79A).
- Emergency powers to protect children (section 79K) or appeals (section 79M).
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This page reproduces the text of CA 1989 s. 79B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.