Citation, commencement and application

1. —(1) These Regulations shall be cited as the Day Care (Application to Schools) (England) Regulations 2003 and shall come into force on 1st September 2003.

(2) These Regulations apply only in relation to England.

Interpretation

2. In these Regulations—

“the Act” means the Children Act 1989;

“relevant day care” means day care within the meaning of paragraph 1(2) of Schedule 9A to the Act provided for any child looked after in a school falling within the categories of school referred to in paragraph 1(1) of that Schedule.

Requirement to register day care in schools under Part XA

3. Subject to regulation 4, Part XA of the Act shall apply to the provision of relevant day care in all circumstances on or after 1st April 2004 or, if earlier, from the date of the determination of any application for registration under Part XA made by a person who provides relevant day care on any premises (“the provider”).

4. —(1) The provider shall not be treated as providing day care in breach of section 79D(5) of the Act where that care has been provided since before 1st April 2004 and either—

(a) the registration date has not yet been reached and, where the provider has made an application for registration under Part XA, the application is pending; or

(b) the registration date has been reached but the provider made an application for registration under Part XA of the Act for providing day care on those premises before the application date, and the application is pending.

(2) An application is “pending” if—

(a) it has not been granted or withdrawn; and

(b) if it has been refused—

(i) the period of time within which an appeal may be brought has not expired and the provider has not indicated in writing that he does not intend to appeal; or

(ii) an appeal has been brought which has not been finally determined or withdrawn in writing.

(3) In paragraph (1)—

(a) in relation to relevant day care provided for the first time on or after 1st September 2003, the “registration date” is 1st September 2004 and the “application date” is 1st April 2004;

(b) in relation to relevant day care provided since before 1st September 2003 which includes care for a child under 2 years of age, the “registration date” is 1st September 2004 and the “application date” is 1st April 2004;

(c) in relation to relevant day care provided since before 1st September 2003 solely for a child or children aged 2 or over, the “registration date” is 1st September 2005 and the “application date” 1st April 2005.