- Act as a child minder
means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward;
- Adoption support agency
means an undertaking in England which is an adoption support agency within the meaning given by section 8 of the Adoption and Children Act 2002.
- adult
means a person who is not a child;
- appropriate authority
means— a in relation to England, the National Care Standards Commission;
- appropriate Minister
means— (a) in relation to England, Scotland or Northern Ireland, the Secretary of State;
- authorised inspector
means a registered inspector or a person authorised by the Assembly or by any person with whom the Assembly has made arrangements under section 79T(3);
- care home
means— (a) a care home within the meaning of the Care Standards Act 2000;
- child
includes a person aged 18 or over who falls within subsection (1B).
- college
means an institution within the further education sector as defined in section 91 of the Further and Higher Education Act 1992;
- community home
has the same meaning as in the 1989 Act;
- company
includes a partnership;
- cross-border Special Health Authorities
means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales, • “English local authorities” means local authorities in England, •... • “Welsh NHS bodies” means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.
- date of transfer
means the date of transfer determined under the scheme in relation to the employee;
- Day care
means care provided at any time for children under the age of eight on premises other than domestic premises. 7 This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours. 8 In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded. 79B 1 The registration authority in relation to England is Her Majesty’s Chief Inspector of Schools in England (referred to in this Part as the Chief Inspector) and references to the Chief Inspector’s area are references to England. 2 The registration authority in relation to Wales is the National Assembly for Wales (referred to in this Act as “the Assembly”). 3 A person is qualified for registration for child minding if— a 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
- Day centre
means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).
- Domestic premises
means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle. 7 “Regulations” means— a in relation to England, regulations made by the Secretary of State;
- Domiciliary care agency
means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
- electronic address
includes any number or address used for the purposes of receiving electronic communications;
- electronic communication
means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;
- electronically
means in the form of an electronic communication;
- eligible employee
means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this section;
- employee
has the same meaning as in that Part.
- enactment
includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
- English local authorities
means local authorities in England, •... • “Welsh NHS bodies” means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.
- Financial oversight information
means information held by the Secretary of State in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ.
- Fostering agency
means, subject to subsection (6)—
- further education corporation
has the same meaning as in the Further and Higher Education Act 1992.”
- health service hospital
means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;
- Hospital
(except in the expression health service hospital) means—
- hostel
means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph;
- illness
includes any injury;
- Independent clinic
means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).
- independent hospital
means an independent hospital within the meaning of the Care Standards Act 2000. 9 A children’s home within the meaning of the Care Standards Act 2000.”
- Independent medical agency
means an undertaking (not being an independent clinic or an independent hospital) which consists of or includes the provision of services by medical practitioners.
- independent school
has the same meaning as in the Education Act 1996;
- information
includes information recorded in any form;
- listed services
has the same meaning as in section 2.
- Local authority
means a local authority in England.
- local authority foster parent
has the same meaning as in section 105(1) of the 1989 Act;
- medical
includes surgical;
- mental disorder
has the same meaning as in the Mental Health Act 1983;
- monetary penalty
means—
- National Health Service body
means a National Health Service trust, an NHS foundation trust,... a Health Authority, a Special Health Authority... or a Local Health Board;
- new employer
means the registration authority (within the meaning of Part XA of the 1989 Act) and, in relation to Wales, includes Her Majesty’s Chief Inspector of Education and Training in Wales;
- old employer
means a local authority.
- parent undertaking
has the meaning given by section 1162 of the Companies Act 2006.
- parental responsibility
has the same meaning as in the 1989 Act;
- Part II services
means services of the kind provided by persons registered under Part II...
- penalty
means a penalty under a penalty notice;
- penalty notice
has the meaning given by section 30ZA(4).
- premises
includes any area and any vehicle. 7 “Regulations” means— a in relation to England, regulations made by the Secretary of State;
- prescribed
means prescribed by regulations made— (a) in relation to England, by the Secretary of State;
- proceedings
includes a procedure of any kind and any prospective proceedings.
- regulations
means regulations made by the Welsh Ministers.
- relative
has the same meaning as in the 1989 Act;
- relevant adoption functions
means the functions of local authorities in Wales under the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children or the provision of adoption support services (as defined in section 2(6) of that Act);
- relevant authority
means—
- relevant company
means a company which is registered under this Part in respect of an establishment or agency;
- relevant establishment or agency
means— (a) a children’s home in England, or (b) a fostering agency in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England);
- relevant financial sustainability risk
means—
- relevant fostering functions
means functions under—
- relevant individual
means an individual who is registered under this Part in respect of an establishment or agency.
- Relevant information
means information held by a person in connection with their functions under this Part.
- relevant offence
means an offence under— (a) this Part;
- relevant person
means— a in relation to an independent school, the proprietor of the school;
- relevant provider
means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies;
- relevant provider group
means— (a) a parent undertaking of a relevant provider, and (b) its relevant subsidiary undertakings;
- relevant requirements
means—
- relevant subsidiary undertaking
means— (a) a relevant provider, or (b) a parent undertaking of a relevant provider;
- Residential family centre
means, subject to subsection (6), any establishment in England at which—
- school
has the same meaning as in the Education Act 1996;
- Social care worker
means a person (other than a person excepted by regulations) who—
- social services functions
means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 or the Social Services and Well-being (Wales) Act 2014;
- statutory authority
means a body established by or under an Act of Parliament.
- subordinate legislation
has the same meaning as in the Interpretation Act 1978 (c. 30).
- substitution agreement
means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.”
- the 1992 Act
means the Further and Higher Education Act 1992;
- the 2016 Act
means the Regulation and Inspection of Social Care (Wales) Act 2016;
- the Commission
means the National Care Standards Commission;
- The permitted period
means—
- the Tribunal
means the First-tier Tribunal;
- to foster a child privately
has the same meaning as in the 1989 Act;
- transferee
means the new employer to whom the employee is or would be transferred under the scheme;
- treatment
includes diagnosis;
- Tribunal
means the Tribunal established by section 9 of the Protection of Children Act 1999. 9 Schedule 9A (which supplements the provisions of this Part) shall have effect. 79C 1 The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in England. 2 The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales. 3 The regulations under this section may deal with the following matters (among others)— a the welfare and development of the children concerned;
- undertaking
includes any business or profession and— (a) in relation to a public or local authority, includes the exercise of any functions of that authority;
- Voluntary adoption agency
means an adoption society within the meaning of the the Adoption and Children Act 2002 which is a voluntary organisation within the meaning of that Act whose principal office is in England.
- voluntary home
means a children’s home which is carried on by a voluntary organisation but does not include a community home.”
- voluntary organisation
has the same meaning as in the Adoption and Children Act 2002.
- Welsh NHS bodies
means— (a) Local Health Boards, (b) National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, (c) Special Health Authorities performing functions only or mainly in respect of Wales, and (d) cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.
- working day
means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
- year
means a period of twelve months.