# The Childcare Act 2006 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008, Paragraph 12: Day care providers registered under Part 10A of the 1989 Act: nominated individuals where day care is not 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 not 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 delegated, direct responsibility for the provision of day care 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 delegated, direct responsibility for the provision of day care 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, the individual who has delegated, direct responsibility for the provision of day care is either—
(a) the individual whose name has been included in the application for registration (in accordance with paragraph 1C of the Schedule to the Child Minding and Day Care (Applications for Registration) (England) Regulations 2001); or
(b) the individual whose name has been provided to the Chief Inspector as having delegated, direct responsibility for the provision of day care in pursuance of paragraph 2(1)(e) of Schedule 2 to the National Standards Regulations.
(5) For the purposes of this paragraph, where there is more than one individual who has delegated, direct responsibility for the provision of day care, the Chief Inspector may appoint one of them to be the “nominated individual”.

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Source: https://www.legislation.gov.uk/uksi/2008/2261/schedule/2/paragraph/12 (the official version)
Page: https://openlegislation.uk/childcare-act-2006-commencement-no-5-and-savings-and-transitional-provisions-order-2008/schedule-2/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.