Frequently asked questions for providers

What is changing?

The Child Minding and Day Care Exceptions (Wales) Order 2010 is being replaced by the Child Minding and Day Care Exceptions (Revocation and Transitional Provision) (Wales) Order 2026. The new Order was made on 25 March 2026 and comes into force on 1 April 2027. It sets out updated circumstances in which providers of childcare, play and activities do not need to register with Care Inspectorate Wales (CIW).

When do the changes take effect?

The 2026 Order comes into force on 1 April 2027. There is then a one-year transitional period, during which providers who need to register for the first time can apply. The Order becomes fully enforceable on 1 April 2028. Until 1 April 2027, providers should continue to operate within the exceptions set out in the 2010 Order. 

Do I need to do anything right now?

Not immediately. You should start familiarising yourself with the new exceptions and consider whether they affect your provision. If you think you may need to register once the new Order comes into force, you can begin preparing, but applications will need to be submitted and received by CIW by 31 March 2028 to benefit from the transitional arrangements.

What happens if I don't register by the deadline?

If you are required to register and have not done so by 31 March 2028, you may be treated as contravening the Children and Families (Wales) Measure 2010 and could be subject to enforcement action under CIW's Securing Improvement and Enforcement Policy.

How do I know if an exception applies to me?

Look at each part of your provision separately. Identify the exception that appears most relevant and check whether you meet all of its conditions in practice. If you don't meet the conditions of that exception, consider whether a different exception applies, or whether you need to register. You only need to fall within one relevant exception for that part of your provision to be exempt, but all conditions of that exception must be fully met. Operating on a voluntary or not-for-profit basis does not by itself exempt you from registration.

I currently operate under an exception in the 2010 Order. Will I automatically be exempt under the 2026 Order?

Not necessarily. The 2026 Order revokes and replaces the 2010 Order in full, and some exceptions have changed. You may lose an exemption you currently rely on, or you may gain a new one. You will need to check your provision against the 2026 Exceptions specifically, rather than assuming continuity from 2010.

What if I operate in both Wales and England?

Providers operating across the Wales/England border should be aware that Ofsted regulates childcare in England under a different framework. You will need to check the requirements that apply in each nation separately.

What if I'm still not sure whether I need to register?

Contact Care Inspectorate Wales directly. Whether an exception applies depends on the specific circumstances of your provision, and CIW can help you determine this.