# Childcare Act 2006, Section 18: Meaning of childcare

Extent: E+W

(1) This section applies for the purposes of this Part and Part 3.
(2) “Childcare” means any form of care for a child and, subject to subsection (3), care includes—
(a) education for a child, and
(b) any other supervised activity for a child.
(3) “Childcare” does not include—
(a) education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or
(b) any form of health care for a child.
(4) “Childcare” does not include care provided for a child by—
(a) a parent or step-parent of the child;
(b) a person with parental responsibility for the child;
(c) a relative of the child;
(d) a person who is a local authority foster parent in relation to the child;
(e) a person who is a foster parent with whom the child has been placed by a voluntary organisation;
(f) a person who fosters the child privately.
(5) “Childcare” does not include care provided for a child if the care—
(a) is provided in any of the following establishments as part of the establishment's activities—
(i) a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,
(ii) a care home,
(iii) a hospital in which the child is a patient,
(iv) a residential family centre, and
(b) is so provided by the person carrying on the establishment or a person employed to work at the establishment.
(6) 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.
(7) “Childcare” does not include care provided for a child who is detained in—
(a) a young offender institution, ...
(b) a secure training centre , or
(c) a secure college.
(8) In this section—
(a) ... “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);
(b) “care home”, “children's home” ... and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);
(ba) “hospital” has the meaning given by section 275 of the National Health Service Act 2006.
(c) “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.

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Source: https://www.legislation.gov.uk/ukpga/2006/21/section/18 (the official version)
Page: https://openlegislation.uk/childcare-act-2006/section-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

