s 1 The following Schedule shall be inserted in the 1989 Act after Schedule 9— SCHEDULE 9A Child Minding and Day Care for Young Children
(1) Except in prescribed circumstances, Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after in— (a) a maintained school; (b) a school assisted by a local education authority; (c) a school in respect of which payments are made by the Secretary of State or the Assembly under section 485 of the Education Act 1996; (d) an independent school. (2) The provision mentioned in sub-paragraph (1) is provision of day care made by— (a) the person carrying on the establishment in question as part of the establishment’s activities; or (b) a person employed to work at that establishment and authorised to make that provision as part of the establishment’s activities. (3) In sub-paragraph (1)— “ assisted ” has the same meaning as in the Education Act 1996; “ maintained school ” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.