Child care registration requirements CA 1989 s. 79D
In Wales, child minders face enforcement notices lasting 1 year and unregistered day care providers commit an offence punishable by a level 5 fine.
No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly. Where it appears to the Assembly that a person has contravened subsection (1), the Assembly may serve a notice (“an enforcement notice”) on him. An enforcement notice shall have effect for a period of one year beginning with the date on which it is served. If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse . . . , he shall be guilty of an offence. No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises in Wales by the Assembly . If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence. 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.
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
Section 79D sets out registration requirements for child minders and day care providers operating in Wales. Under this section, acting as a child minder requires registration with the Assembly. Providing day care on any premises in Wales likewise requires registration for those specific premises with the Assembly.
The section treats enforcement differently for child minding and day care. If an unregistered person acts as a child minder, the Assembly may serve an enforcement notice lasting one year. Acting as a child minder without reasonable excuse while an enforcement notice has effect is an offence under subsection 1. For day care, providing day care on unregistered premises without reasonable excuse is an immediate offence under subsection 5 without requiring a prior enforcement notice.
Anyone guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
When it applies
- An unregistered person acts as a child minder in Wales while an enforcement notice served by the Assembly remains in effect.
- A person provides day care on premises in Wales that have not been registered with the Assembly for providing day care.
- The Assembly issues an enforcement notice lasting one year to an unregistered child minder in Wales.
What this section does not say
- Child minding or day care registration rules outside Wales, such as inspections carried out in England.
- The procedure for submitting an application to become registered.
- The grounds and procedures for suspending or cancelling an existing registration.
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This page reproduces the text of CA 1989 s. 79D 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.