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The Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005

S.I. 2005/2298 · Made 16 August 2005

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 16th August 2005

The Secretary of State for Education and Skills, in exercise of the powers conferred upon her by section 67(7)(c) of, and Part 2 of Schedule 5 to, the Children Act 2004f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 31.

Contents

  1. 1Citation
  2. 2Provisions coming into force and savings
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005.

2Provisions coming into force and savings

(1)

Subject to paragraph (2), the following provisions of the Children Act 2004 shall come into force so far as relating to England on 3rd October 2005—

  • section 48 (child minding and day care);

  • Schedule 4; and

  • in Schedule 5, Part 2,

so far as they are not already in force.

(2)

In relation to persons who have applied for registration as providers of day care under section 79E of the Children Act 1989f1 before 3rd October 2005 but whose application has not been granted or refused by that date under section 79F of that Act, paragraph 6 of Schedule 4 to the Children Act 2004 shall be treated as coming into force in relation to those persons on the date their application is granted.

Signature

Beverley Hughes

Minister of State

Department for Education and Skills

Explanatory note

(This note is not part of the Order)

This is the fourth Commencement Order made under the Children Act 2004. This Commencement Order brings section 48 of, and paragraphs 1, 3, 4 and 6 of Schedule 4 to, the Act together with related repeals into force so far as relating to England on 3rd October 2005. Savings are made in relation to paragraph 6 of Schedule 4.

Paragraphs 3 and 4 of Schedule 4 amend sections 79E, 79F and 79G of the Children Act 1989 to provide that when an application is made by a person who wishes to be registered as a childminder or as a provider of day care they must pay a fee.

Paragraph 6 of Schedule 4 amends section 79B(4) of the Children Act 1989 to provide that the provider of day care must make adequate arrangement to ensure that every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of 8; and every person (other than himself and the responsible individual) living or working on the premises is suitable to be regular contact with the children under the age of 8. This amendment does not apply to applications for registration which have been made before 3rd October but not determined by that date. It does apply to such providers of day care once their application has been granted.