Article 3 Exempt childmindingI1

England and Wales

(1)

The circumstances referred to in articles 2(1) and 2(3) are where a person makes the provision^f1—

(a)

for—

(i)

a child or children for particular parents, wholly or mainly in the home of the parents, or

(ii)

a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;

(b)

for a particular child for two hours or less per day; F1...

F2(bb)

for a child or children for 3 hours or less per day if—

(i)

in the course of a friendship with the parents of that child or children;

(ii)

for reward; and

(iii)

on domestic premises;

(c)

only between 6pm and 2am. ; F3...

F4(d)

for—

(i)

a child or children in the course of a friendship with the parents of that child or children; and

(ii)

the provision is not made in exchange for payment. F5; or

F6(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.

F7(2)

In paragraph (1)F8...—

“local authority foster parent” has the same meaning as in section 22C(12) of the Children Act 1989;
F9payment” means a payment of money or money’s worth but does not include the provision of goods or services; and
“relevant foster parent” means a person who is approved as a foster parent under the Fostering Services (England) Regulations 2011.

Annotations

Textual amendments

F1: Word in art. 3(b) omitted (8.4.2010) by virtue of The Childcare (Exemptions from Registration) (Amendment) Order 2010 (S.I. 2010/744), arts. 1, 2(2)
F2: Art. 3(1)(bb) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 10(1)(a)
F3: Word in art. 3(1)(c) omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 10(1)(b)
F4: Art. 3(d) and word inserted (8.4.2010) by The Childcare (Exemptions from Registration) (Amendment) Order 2010 (S.I. 2010/744), arts. 1, 2(2) (with art. 2(3))
F5: Words in art. 3(1)(d) inserted (1.4.2011) by The Childcare (Exemptions from Registration) (Amendment) Order 2011 (S.I. 2011/584), arts. 1, 2(2)(b)
F6: Art. 3(1)(e) inserted (1.4.2011) by The Childcare (Exemptions from Registration) (Amendment) Order 2011 (S.I. 2011/584), arts. 1, 2(2)(c)
F7: Art. 3(2) inserted (1.4.2011) by The Childcare (Exemptions from Registration) (Amendment) Order 2011 (S.I. 2011/584), arts. 1, 2(3)
F8: Word in art. 3(2) omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 10(2)(a)
F9: Words in art. 3(2) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 10(2)(b)

Commencement

I1: Art. 3 in force at 1.9.2008, see art. 1(1)

Footnotes

f1: Early years childminding and later years childminding being defined in sections 96(4) and (8) of the Act respectively as early years or later years provision on domestic premises for reward.