(1) In this Act:
"childcare centre" means a service, operated from premises, that provides care—
(a) for at least the minimum number of children; and
(b) for payment or other material benefit.
(2) For this section, when working out how many children care is being provided for by a service operated from premises—
(a) a child for whom care is provided on an emergency basis, or in unexpected or exceptional circumstances, must not be counted unless the child is cared for at the premises for 2 or more consecutive days; and
(b) if a child of a childcare worker is being cared for at the premises, the child must be counted.
(3) In this section:
"minimum number", of children, means—
(a) 5 young children; or
(b) 8 children, if no more than 4 children are young children.
"young child" means a child who is not yet either—
(a) attending school as required under the Education Act 2004 ; or
(b) registered, or provisionally registered, for home education under the Education Act 2004 .