# The Childcare Act 2006 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008, Paragraph 11: Day care providers registered under Part 10A of the 1989 Act: nominated individuals where day care is the primary purpose of the organisation


(1) This paragraph applies in the case of a person who—
(a) immediately before the transfer date is registered as a day care provider under section 79F(2) of the 1989 Act;
(b) is a partnership, body corporate or unincorporated association whose primary purpose is the provision of day care; and
(c) is registered by the Chief Inspector under section 37(2) or under section 56(2) of the 2006 Act in accordance with this Schedule.
(2) Where the person is registered under section 37(2) of the 2006 Act, the individual who has been nominated by that person before the transfer date to deal with the Chief Inspector shall be treated as the “nominated individual” for the purposes of paragraph 9 of Schedule 2 to the Early Years Register Regulations 2008, despite the fact that the individual may not be a partner in, or a director, secretary, other officer or member of, the governing body.
(3) Where the person is registered under section 56(2) of the 2006 Act, the individual who has been nominated by that person before the transfer date to deal with the Chief Inspector shall be treated as the “nominated individual” for the purposes of paragraph 6 of Schedule 2 to the General Childcare Register Regulations 2008, despite the fact that the individual may not be a partner in, or a director, secretary, other officer or member of, the governing body.
(4) For the purposes of this paragraph, in the event that an individual has not been nominated by the person before the transfer date to deal with the Chief Inspector, the Chief Inspector may appoint such an individual as the Chief Inspector considers appropriate to be the “nominated individual”.

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Source: https://www.legislation.gov.uk/uksi/2008/2261/schedule/2/paragraph/11 (the official version)
Page: https://openlegislation.uk/childcare-act-2006-commencement-no-5-and-savings-and-transitional-provisions-order-2008/schedule-2/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

