Childcare Act 2006

InterpretationE+W

18Meaning of childcareE+W

(1)This section applies for the purposes of this Part and Part 3.

(2)“Childcare” means any form of care for a child and, subject to subsection (3), care includes—

(a)education for a child, and

(b)any other supervised activity for a child.

(3)“Childcare” does not include—

(a)education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or

(b)any form of health care for a child.

(4)“Childcare” does not include care provided for a child by—

(a)a parent or step-parent of the child;

(b)a person with parental responsibility for the child;

(c)a relative of the child;

(d)a person who is a local authority foster parent in relation to the child;

(e)a person who is a foster parent with whom the child has been placed by a voluntary organisation;

(f)a person who fosters the child privately.

(5)“Childcare” does not include care provided for a child if the care—

(a)is provided in any of the following establishments as part of the establishment's activities—

[F1(i)a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,]

(ii)a care home,

(iii)a hospital in which the child is a patient,

(iv)a residential family centre, and

(b)is so provided by the person carrying on the establishment or a person employed to work at the establishment.

(6)The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.

(7)“Childcare” does not include care provided for a child who is detained in—

(a)a young offender institution, F2...

(b)a secure training centre [F3, or]

[F4(c)a secure college.]

(8)In this section—

(a)F5... “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);

(b)“care home”, [F6“children's home”] F7... and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);

[F8(ba)“hospital” has the meaning given by section 275 of the National Health Service Act 2006.]

(c)“relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.

Textual Amendments

F1S. 18(5)(a)(i) substituted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(2); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)

F6Words in s. 18(8)(b) inserted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(3)(b); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)

Commencement Information

I1S. 18 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

19Meaning of “young child”E+W

For the purposes of this Part and Part 3, a child is a “young child” during the period—

(a)beginning with his birth, and

(b)ending immediately before the 1st September next following the date on which he attains the age of five.

Commencement Information

I2S. 19 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

20Meaning of “early years provision”E+W

In this Part “early years provision” means the provision of childcare for a young child.

Commencement Information

I3S. 20 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

21Interpretation of Part 1E+W

In this Part—

  • “childcare” has the meaning given by section 18;

  • “early years provision” has the meaning given by section 20;

  • F9...

  • F9...

  • “young child” has the meaning given by section 19.

Textual Amendments

Commencement Information

I4S. 21 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)