Section 79B: Other definitions, etc., Children Act 1989

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In this Act "the Assembly" means the National Assembly for Wales.

A person is qualified for registration for child minding if—

he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;

every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;

the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

he is complying with regulations under section 79C and with any conditions imposed under this Part .

A person is qualified for registration for providing day care on particular premises if—

he has made adequate arrangements 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 eight; and

every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;

the responsible individual—

is suitable to look after children under the age of eight, or

if he is not looking after such children, is suitable to be in regular contact with them;

the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

he is complying with regulations under section 79C and with any conditions imposed under this Part .

For the purposes of subsection (4)(a) a person is not treated as working on the premises in question if—

none of his work is done in the part of the premises in which children are looked after; or

he does not work on the premises at times when children are looked after there.

For the purposes of subsection (4), "the responsible individual" means—

in a case of one individual working on the premises in the provision of day care, that person;

in a case of two or more individuals so working, the individual so working who is in charge.

Where, for the purposes of determining a person's qualification for registration under this Part—

the Assembly requests any person ("A") to consent to the disclosure to the Assembly by another person ("B") of any information relating to A which is held by B and is of a prescribed description, and

A does not give his consent (or withdraws it after having given it),

the Assembly may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.

"Domestic premises" means any premises which are wholly or mainly used as a private dwelling and "premises" includes any area and any vehicle.

"Regulations" means regulations made by the Assembly.

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Schedule 9A (which supplements the provisions of this Part) shall have effect.

Section 79B: Other definitions, etc.

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