The Tax Credits (Approval of Child Care Providers) (Wales) (Amendment) Scheme 2011

• Citation: S.I. 2011/993 (W.)
• Sections: 9

Section 1 Title, commencement, application and interpretation

(1) The title of this Scheme is the Tax Credits (Approval of Child Care Providers) (Wales) (Amendment) Scheme 2011 and it comes into force on 1 April 2011.

(2) This Scheme applies in relation to Wales.

(3) In this Scheme “the principal Scheme ” (“ y prif Gynllun ”) means the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.

Section 2 Amendment of article 2 of the principal Scheme

In article 2 of the principal Scheme (definitions), in the definition of “approval body” (“ corff cymeradwyo ”), for “body referred to in article 3” substitute “Welsh Ministers”.

Section 3 Revocation of article 3 of the principal Scheme

Article 3 of the principal Scheme (specified body) is revoked.

Section 4 Amendment of article 6 of the principal Scheme

For paragraph (1) of article 6 of the principal Scheme (approved person) substitute the following—

(1) A person will be given approval as a child care provider under this Scheme if the approval body is satisfied that the approval criteria are met in relation to that person.

Section 5 Amendment of article 7 of the principal Scheme

In paragraph (b) of article 7 of the principal Scheme (approval criteria) for “National Assembly for Wales” substitute “Welsh Ministers”.

Section 6 Amendment of articles 8, 9 and 10 of the principal Scheme

In articles 8 (approval system), 9 (provision of information by approval body) and 10 (period of approval) of the principal Scheme, for “must”, in each place it appears, substitute “will”.

Section 7 Amendment of article 12 of the principal Scheme

In article 12 of the principal Scheme (fees) omit “, subject to the approval of the National Assembly for Wales,”.

Section 8 Revocation of article 13 of the principal Scheme

Article 13 of the principal Scheme (transitional provisions) is revoked.

Section 9 Insertion of articles in the principal Scheme

The following articles are inserted in the principal Scheme—

Saving

(14)

(1) Notwithstanding the coming into force of this Scheme, any approval granted to a child care provider by the former approval body which is valid immediately before 1 April 2011 continues to have effect in respect of that provider until whichever is the earliest, the date on which—

(a) such approval is withdrawn in accordance with article 6;

(b) such approval expires by the effluxion of time; or

(c) the child care provider concerned is given an approval by the approval body pursuant to article 6.

(2) In this article and in article 15, “former approval body” (“ cyn gorff cymeradwyo ”) means Nestor Primecare Services Limited, trading as Nestor Criminal Records Agency .

Transitional provision

(15) Where an application for approval as a child care provider has been submitted to but has not been granted or refused by the former approval body before 1 April 2011, such an application for approval will be determined by the approval body.