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The Childcare (Exemptions from Registration) (Amendment) Order 2011

S.I. 2011/584 · Made 3 March 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Children And Young Persons, England

Made 3rd March 2011

Laid before Parliament 10th March 2011

Coming into force 1st April 2011

The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 33(2) and (3), 52(2) and (3) and 104(2)(a) of the Childcare Act 2006f1:

Annotations to the whole text

Footnotes

f1

2006 c. 21.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Childcare (Exemptions from Registration) Order 2008
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Childcare (Exemptions from Registration) (Amendment) Order 2011 and comes into force on 1st April 2011.

2Amendments to the Childcare (Exemptions from Registration) Order 2008

(1)

Article 3 of the Childcare (Exemptions from Registration) Order 2008f1 is amended as follows.

(2)

In paragraph (1)—

(a)

at the end of sub-paragraph (b), omit “or”;

(b)

at the end of sub-paragraph (d), insert “; or”; and

(c)

after sub-paragraph (d), insert—

“(e)

for a child who is placed with a local authority foster parent (“the child’s foster parent”), where the person making the provision is a relevant foster parent who is not the child’s foster parent.”.

(3)

After paragraph (1), insert—

“(2)

In paragraph (1)(e)—

  • “local authority foster parent” has the same meaning as in section 22C(12) of the Children Act 1989f2; and

  • “relevant foster parent” means a person who is approved as a foster parent under the Fostering Services (England) Regulations 2011f3.”.

Signature

Tim Loughton

Parliamentary Under Secretary of State

Department for Education

3rd March 2011

Explanatory note

(This note is not part of the Order)

This Order amends the Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979) (the “2008 Order”).

Article 2 of the Order amends article 3 of the 2008 Order to provide that a foster parent who provides childcare for a child who has been placed for fostering with a different local authority foster parent will be exempt from registration as a childminder under the Childcare Act 2006. Only foster parents approved under the Fostering Services Regulations 2011 (S.I. 2011/581) will be exempt from registration; those temporarily approved under the Care Planning, Placement and Case Review (England) Regulations 2010 (S.I. 2010/959) will not be exempt from registration.

An impact assessment has not been produced for this instrument as no additional impact on business, charities, voluntary bodies or the public sector is foreseen. It is considered that there will be an overall reduction in burdens on individual foster parents.