Child Care (Amendment) Act 2024

Transitional provisions (Part VIIA)

18. The Principal Act is amended by the insertion of the following section after section 58L:

“58M. (1) Notwithstanding the repeal of the relevant exemptions by section 22 of the Act of 2024, this Part shall, subject to subsection (2), continue to apply for the duration of the transitional period as if the relevant exemptions had not been repealed, to—

(a) a person who, immediately before that repeal, was taking care of children and was exempt from the provisions of this Part pursuant to the application of either of those exemptions and continues to be so exempt, and

(b) a person who commences taking care of children during the transitional period and who would have been exempt from the provisions of this Part prior to that repeal.

(2) Notwithstanding the exemption pursuant to subsection (1) for the duration of the transitional period from the provisions of this Part of a person referred to in paragraph (a) or (b) of that subsection, the person may, during the transitional period, make an application under section 58D(2) to be registered in the register.

(3) Where, immediately before the date of coming into operation of section 22 of the Act of 2024, the name of a person stands entered in the register as a registered provider of a section 58M childminding service, then on and from that date of coming into operation, the name of that person shall be deemed to be entered in the register as a registered provider of a childminding service.

(4) In this section—

Act of 2024’ means the Child Care (Amendment) Act 2024;

‘section 58M childminding service’ means a pre-school service or a school age service, which may include an overnight pre-school service or an overnight school age service, offered by a person who single handedly takes care of pre-school children or school age children, as the case may be, which may include the person’s own children, in the person’s home for a total of more than 2 hours per day, except where either of the relevant exemptions or paragraph (a) of section 58L apply;

‘relevant exemptions’ means paragraphs (b) and (c) of section 58L as if the amendments of that section by section 17 of the Act of 2024 had not been made;

‘transitional period’ means the period of 3 years commencing on the date of coming into operation of section 22 of the Act of 2024.”.