Section 18 Meaning of childcareI1
England and Wales
This section applies for the purposes of this Part and Part 3.
“Childcare” means any form of care for a child and, subject to subsection (3), care includes—
education for a child, and
any other supervised activity for a child.
“Childcare” does not include—
education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or
any form of health care for a child.
“Childcare” does not include care provided for a child by—
a parent or step-parent of the child;
a person with parental responsibility for the child;
a relative of the child;
a person who is a local authority foster parent in relation to the child;
a person who is a foster parent with whom the child has been placed by a voluntary organisation;
a person who fosters the child privately.
“Childcare” does not include care provided for a child if the care—
is provided in any of the following establishments as part of the establishment's activities—
a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,
a care home,
a hospital in which the child is a patient,
a residential family centre, and
is so provided by the person carrying on the establishment or a person employed to work at the establishment.
The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.
a secure college.
In this section—
F5... “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);
“hospital” has the meaning given by section 275 of the National Health Service Act 2006.
“relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.
Annotations
Textual amendments
- F1
S. 18(5)(a)(i) substituted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(2); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)
- F2
Word in s. 18(7)(a) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 21(a); S.I. 2015/778, art. 2(1)(c)
- F3
Word in s. 18(7)(b) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 21(b); S.I. 2015/778, art. 2(1)(c)
- F4
S. 18(7)(c) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 21(c); S.I. 2015/778, art. 2(1)(c)
- F5
Words in s. 18(8)(a) repealed (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(3)(a), Sch. 4; S.I. 2010/2981, art. 4(a)(l); S.I. 2017/948, art. 2(a)(c)(iv)
- F6
Words in s. 18(8)(b) inserted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(3)(b); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)
- F7
Word in s. 18(8)(b) omitted (1.10.2010) by virtue of Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 18
- F8
S. 18(8)(ba) inserted (1.10.2010) by Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 18
Commencement
- I1
S. 18 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)