Paragraph 14 Conditions

(1)

Subject to sub-paragraphs (2) to (7), where a person is registered in accordance with this Schedule, a condition imposed by the Chief Inspector under section 79F(3) of the 1989 Act which applied to a person immediately before the transfer date continues to have effect as if it were a condition imposed under section 38(1), 58(1), or 66(1) of the 2006 Act, as the case may be.

(2)

In the case of a person who by virtue of paragraph 2(3) is not registered by the Chief Inspector under section 37(1) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide child minding for children aged five and under ceases to have effect.

(3)

In the case of a person who by virtue of paragraph 5(3)(b) is not registered by the Chief Inspector under section 37(2) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide day care for children aged five and under ceases to have effect.

(4)

In the case of a person who by virtue of paragraph 2(4) is not registered by the Chief Inspector under section 56(1) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide child minding for children aged six and over ceases to have effect.

(5)

In the case of a person who by virtue of paragraph 5(4) is not registered by the Chief Inspector under section 56(2) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide day care for children aged six and over ceases to have effect.

(6)

A condition which—

(a)

by virtue of sub-paragraph (1), continues to have effect as if it had been imposed under the 2006 Act;

(b)

has the effect of authorising a person to provide care by reference to a child’s age or children’s ages, and

(c)

refers to children who are aged five;

is to be treated as a condition imposed in respect of a child who has attained the age set out in sub-paragraph (7).

(7)

The age is the age the child attains immediately before 1st September next following the date on which the child attains the age of five^f1.

Annotations

Footnotes

f1: The definition of “young children” is as provided for in sections 19 and 98(1) of the 2006 Act.