Grant or refusal of registration CA 1989 s. 79F
CA 1989 s. 79F governs child minding and day care registration, conditions, register inspection, and offences punishable by a fine up to level 5.
If, on an application under section 79E by a person for registration for child minding— the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Assembly shall grant the application; otherwise, it shall refuse it. If, on an application under section 79E by any person for registration for providing day care on any premises— the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Assembly shall grant the application; otherwise, it shall refuse it. An application may, as well as being granted subject to any conditions the Assembly thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the Assembly thinks fit to impose. The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition. Any register kept by the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times. 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. 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.
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
When an application is submitted to act as a child minder or provide day care, the Assembly must grant registration if it determines that the applicant is qualified and will remain qualified. If the applicant fails to satisfy those qualification requirements, the Assembly is required to refuse the application.
The Assembly has the power to attach conditions to a registration when granted, and it may alter, remove, or add new conditions at any time. Any register of registered child minders or day care providers maintained by the Assembly must be made available for public inspection at all reasonable times.
A registered person commits a criminal offence if they breach or fail to comply with any condition imposed on their registration without a reasonable excuse. A person guilty under subsection 6 is subject to a summary conviction fine not exceeding level 5 on the standard scale.
When it applies
- An applicant applies to register as a day care provider on commercial premises and awaits a decision from the Assembly on approval or refusal.
- The Assembly attaches staff ratio conditions to a newly granted child minding registration and later modifies those conditions.
- A member of the public requests to inspect the official register of approved child minders during normal office hours.
- A registered child minder operates beyond the maximum capacity set in their registration conditions without a valid excuse.
What this section does not say
- Appeals against decisions to refuse registration or impose conditions, which are handled under appeal provisions elsewhere in the Act.
- The cancellation of existing child minders or day care registrations, which is governed by a separate cancellation section.
- Emergency measures to protect children or suspend registration immediately, which are covered under dedicated emergency provisions.
Related sections
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This page reproduces the text of CA 1989 s. 79F 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.