Explanatory note

These Regulations require all schools that were previously exempt from the requirement to do so to register under Part XA of the Children Act any day care provided by them for children under 8.

Schools that will provide day care (as defined in section 79A of the Children Act 1989) for the first time on or after 1 April 2004 must be registered as day care providers before they open for business. Schools that will provide day care for the first time on or after 1st September 2003 but before 1st April 2004 and schools that commenced operation as day care providers before 1st September 2003 whose provision includes provision for a child or children under the age of 2 must register before 1st September 2004. Schools that commenced operation as day care providers before 1st September 2003 for children aged 2 or more must be registered before 1st September 2005. Section 79D which prohibits the provision of unregistered day care will apply to providers of day care in schools who are required to register by 1st September 2004 or 1st September 2005 from the date of the determination of their application for registration.

Under the transitional provisions schools that commenced operation as day care providers before 1st April 2004 and who apply for registration in accordance with the Regulations will not be treated as providing unregistered care in breach of the Act if their application for registration has not been determined by the specified deadline for registration.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Standards Team in the Sure Start Unit, Department for Education and Skills, Level 2A, Caxton House, 6-12 Tothill Street, London SW1A 9NA and is accessible on the Department’s internet website at www.dfes.gov.uk/ria/. Copies have also been placed in the Library of each House of Parliament.