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The National Assembly for Wales makes the following Regulations in exercise of the power conferred on it by sections 79C and 104(4) of the Children Act 1989[1]: Citation, commencement and application 1. - (1) These Regulations may be cited as the Child Minding and Day Care (Wales) Regulations 2002 and shall come into force on 1st April 2002. (2) These Regulations apply in relation to persons who act as child minders or provide day care on relevant premises in Wales. Interpretation 2. - (1) In these Regulations unless the context otherwise requires -
(b) in any other case, any office of the National Assembly;
(b) that children are escorted by a parent or other responsible person to and from the relevant premises;
(2) The National Assembly may specify an office controlled by it as the appropriate office in relation to relevant premises situated in a particular area of Wales.
(b) in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number; (c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
(4) In these regulations, unless the contrary intention appears, references to employing a person include employing a person whether or not for payment, and whether under a contract of service, a contract for services or otherwise than under a contract, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.
(b) a statement as to the age-range, sex and number of children for whom care is intended to be provided by the registered person and as to the range of needs that the person intends to meet; (c) a statement as to the facilities and services to be provided or made available to relevant children; (d) a statement as to the activities to be provided and as to the language or languages through which the activities will be provided; and (e) a statement of the terms and conditions upon which care is provided to relevant children when the registered person acts as a child minder or provides day care, as the case may be.
(2) Subject to paragraph (3) the registered person shall ensure that he or she acts as a child minder or day care is provided, as the case may be, in a manner which is consistent with the statement of purpose.
(b) the conditions for the time being in force in relation to the registration of the registered person under Part XA of the Act.
(4) The registered person shall -
(b) whenever practicable notify the appropriate office of the National Assembly of any such revision at least 28 days before it is to take effect.
Registered person - suitability 4. - (1) A person shall not act as a child minder or provide day care unless the person is suitable to look after children under the age of eight. (2) A person is not so suitable unless the person -
(b) in the case of a person providing day care, is an organisation and -
(ii) that individual satisfies the requirements set out in paragraph (3).
(3) The requirements are that the person -
(b) is physically and mentally fit to look after children under the age of eight; and (c) full and satisfactory information or documentation, as the case may be, is available in relation to the person -
(ii) where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.
(4) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997[2] has not been brought into force.
(b) the person has made a composition or arrangement with the person's creditors and has not been discharged in respect of it.
Registered person - general requirements
(b) the need to safeguard and promote their welfare,
act as a child minder or provide day care (as the case may be) with sufficient care, competence and skill.
(b) the offence of which the person was convicted, and (c) the penalty imposed on the person in respect of the offence.
(2) Where the registered person is charged with any offence in respect of which an order may be made under Part II of the Criminal Justice and Court Services Act 2000[3] the person shall forthwith give notice in writing to the appropriate office of the National Assembly of the offence charged and the date and place of charge. Promotion of welfare 7. - (1) The registered person shall act as a child minder or provide day care, as the case may be, in such a way as to -
(b) make proper provision for the care, education, supervision and, where appropriate, treatment, of relevant children.
(2) The registered person shall, for the purpose of providing care to relevant children and making proper provision for their welfare, so far as practicable, ascertain and take into account their wishes and feelings.
(b) due regard is paid to their sex, religious persuasion, racial origin, cultural and linguistic background and any disability affecting them.
Food provided for children
(ii) is properly prepared, wholesome and nutritious; (iii) is suitable for their needs and meets their reasonable preferences; and (iv) is sufficiently varied; and
(b) any special dietary need of a relevant child which is due to the child's health, religious persuasion, racial origin or cultural background is met.
(2) The registered person shall ensure that relevant children are provided with access to fresh drinking water at all times while they are under the care of the person.
(b) sets out the procedure to be followed in the event of any allegation of abuse or neglect.
(2) The procedure under paragraph (1)(b) shall in particular provide for -
(b) the prompt referral to the local authority for the area in which the relevant premises are situated, of any allegations of abuse or neglect affecting a relevant child; (c) written records to be kept of any allegation of abuse or neglect, and of the action taken in response; (d) consideration to be given in each case to the measures which may be necessary to protect relevant children following an allegation of abuse or neglect; (e) a requirement for any persons working with relevant children to report any concerns about the welfare or safety of a child to one of the following -
(ii) a constable; (iii) a person responsible for exercising the functions of the National Assembly under Part XA of the Act; (iv) an officer of the local authority for the area in which the relevant premises are situated, or (v) an officer of the National Society for the Prevention of Cruelty to Children;
(f) arrangements giving persons working with relevant children, access at all times and in an appropriate form, to information which would enable them to contact the local authority for the area in which the relevant premises are situated, or the appropriate office of the National Assembly concerning the welfare or safety of such children.
(3) In this regulation "child protection enquiries" means any enquiries carried out by a local authority in the exercise of any of its functions conferred by or under the Act relating to the protection of children.
(b) the means whereby appropriate behaviour is to be promoted on those premises.
(3) Subject to paragraphs (6) and (7) of this regulation, only such measures of control, restraint and discipline as are provided for in the said behaviour management policy shall be used on relevant children.
(b) (subject to the provision of any court order relating to contact between the child and any person) any restriction on a child's contact or communication with his or her parents; (c) any punishment relating to the consumption or deprivation of food or drink; (d) any requirement that a child wear distinctive or inappropriate clothes; (e) the use or withholding of medication or medical or dental treatment as a disciplinary measure; (f) the intentional deprivation of sleep; (g) any intimate physical examination of a child; (h) the withholding of any aids or equipment needed by a disabled child; (i) any measure which involves -
(ii) the punishment of a group of children for the behaviour of an individual child.
(6) Nothing in this regulation shall prohibit -
(b) the taking of any action immediately necessary to prevent injury to any person or serious damage to property.
Health needs of children
(b) at all times, at least one person caring for relevant children has a suitable first aid qualification.
Hazards and safety
(b) any activities in which relevant children participate are so far as reasonably practicable free from avoidable risks; and (c) unnecessary risks to the health or safety of relevant children are identified and so far as possible eliminated.
Use and Storage of Medicines
(b) any medicine which is prescribed for a relevant child is administered as prescribed, to the child for whom it is prescribed, and to no other child; and (c) a written record is kept of the administration of any medicine to a relevant child.
(3) In this regulation, "prescribed" means -
(ii) as part of the performance of personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997[5]; or
(b) in a case not falling within sub-paragraph (a), prescribed for a patient under section 58 of the Medicines Act 1968[6].
Complaints
(b) their parents; and (c) persons working for the registered person.
(3) A copy of the procedure shall be supplied on request to any of the persons mentioned in paragraph (2).
(b) details of the procedure (if any) which has been notified to the registered person by the National Assembly for the making of complaints to it relating to the provision of care by child minders or day care providers.
(5) The registered person shall ensure that any complaint made under the complaints procedure is fully investigated. Staffing 15. The registered person shall ensure that there is at all times, having regard to -
(b) the need to safeguard and promote their health and welfare,
a sufficient number of suitably qualified, skilled and experienced persons looking after the relevant children.
(b) allow a volunteer to look after relevant children unless that person is suitable to do so; (c) allow any other person to work in a part of the relevant premises in circumstances in which he or she will be in regular contact with relevant children unless he or she is suitable to look after such children.
(2) For the purposes of paragraph (1), a person is not suitable to look after relevant children unless -
(b) the person has the qualifications, skills and experience necessary for the work he or she is to perform; (c) the person is physically and mentally fit for the work he or she is to perform; and (d) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of -
(ii) where paragraph (3) applies, each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.
(3) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997[7] has not been brought into force.
(b) unless paragraph (5) applies, no such person starts work in the relevant premises until such time as paragraph (2)(d) has been complied with in relation to that person.
(5) Where the following conditions apply, the registered person may permit a person to start work in the relevant premises notwithstanding paragraph (4)(b) -
(b) full and satisfactory information in relation to that person has been obtained in respect of -
(ii) unless paragraph (3) applies, the matter specified in paragraph 2 of that Schedule; or (iii) where paragraph (3) applies, the matter specified in paragraph 7 of that Schedule;
(c) in the reasonable opinion of the registered person the circumstances are exceptional; and
(6) The registered person shall ensure that any person working in the relevant premises who does not fall within paragraph (1) is appropriately supervised while the relevant children are present.
(b) provides that the failure on the part of an employee to report an incident of abuse, or suspected abuse of a relevant child to an appropriate person is a ground on which disciplinary proceedings may be instituted.
(2) For the purposes of paragraph (1)(b), an appropriate person is the registered person, a person responsible for the exercise of functions of the National Assembly under Part XA of the Act, an officer of the local authority for the area in which the relevant premises are situated, a constable or an officer of the National Society for the Prevention of Cruelty to Children.
(b) are enabled from time to time to obtain further qualifications appropriate to the work they perform.
Keeping of records 18. - (1) Subject to paragraph (2), the registered person shall -
(b) preserve every entry in the records specified in paragraphs 1 to 9 of that Schedule for a period of three years from the date on which the last entry was made; and (c) make the records available for inspection by the National Assembly at its request.
(2) A registered person who provides day care by means of open access play provision is not required to keep the records specified in paragraphs 5, 6 (in so far as hours of attendance are concerned) and 9 of that Schedule.
(b) in all other cases as soon as reasonably practicable, but not later than 14 days after the event has occurred.
(3) The registered person shall without delay notify the parent of a relevant child of any significant incident affecting the child's welfare and shall make the records maintained in accordance with regulation 18, in so far as they relate to a relevant child, available for inspection by that child's parent unless to do so is not reasonably practicable or would place the child's welfare at risk. Fitness of Premises 20. - (1) The registered person shall not use premises for child minding or the provision of day care, as the case may be, unless they are in a location and of a physical design and layout, which are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose. (2) The registered person shall ensure that all parts of the relevant premises used by children are -
(b) secure from unauthorised access; (c) suitably furnished and equipped; (d) of sound construction and kept in good structural repair externally and internally; (e) clean and reasonably decorated and maintained; and (f) equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from the disability of any relevant child.
(3) The registered person shall ensure that the relevant premises are kept free from offensive odours and shall make suitable arrangements for the disposal of general and clinical waste.
(b) a sufficient number of lavatories which are suitable for relevant children,
for the number and sex of relevant children.
(b) provide adequate means of escape in the event of a fire; (c) make adequate arrangements -
(ii) for giving warnings of fires; (iii) for evacuation in the event of a fire; (iv) for the maintenance of all fire prevention and detection equipment; and (v) for reviewing fire precautions, and testing fire prevention and detection equipment, at suitable intervals;
(d) make arrangements for persons working with relevant children on relevant premises to receive suitable training in fire prevention;
(2) In this regulation "fire authority" means the authority discharging in the area in which the relevant premises are situated, the functions of fire authority under the Fire Services Act 1947[8]. Compliance with regulations 22. Where there is more than one registered person in respect of the provision of day care to relevant children on the same premises, anything which is required under these regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons. Standards 23. - (1) The registered person shall have regard to the national minimum standards set out in the statement of national minimum standards which relates to the type of care provided by the registered person. (2) Any allegation that the registered person has failed to comply with paragraph (1) is to be taken into account in the exercise by the National Assembly of its functions under Part XA of the Act and in proceedings under that Part of the Act. Offences 24. A registered person who, without reasonable excuse, contravenes or otherwise fails to comply with the requirements of regulations 3 to 21 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9]. D. Elis-Thomas The Presiding Officer of the National Assembly 21 March 2002 (16.00)
National Minimum Standards for Full Day Care"
National Minimum Standards for Out of School Care"
National Minimum Standards for Creches"
National Minimum Standards for Sessional Care"
National Minimum Standards for Open Access Play Provision"
1. Proof of identity including a recent photograph. 2. Either -
(b) in any other case, a criminal record certificate issued under section 113 of that Act in respect of which less than three years have elapsed since it was issued,
including , where applicable, the matters specified in section 113(3A) or (3C) or 115(6A) or (6B) of that Act[12].
(b) In respect of which the person has been cautioned by a police officer and which, at the time the caution was given, the person admitted.
1. The name, address and telephone number of the registered person, the responsible individual and every other person living, working or employed on the relevant premises. 2. The name, home address and telephone number of any other person who will regularly be in unsupervised contact with the relevant children. 3. The name, home address, date of birth and sex of each relevant child. 4. In respect of each relevant child, the name, address and telephone number of a parent. 5. In respect of each relevant child, the name and address of the registered medical practitioner with whom the child is registered. 6. A daily record of the names of the relevant children, their hours of attendance and the names of the persons who looked after them. 7. A record of accidents, serious illness and other significant events occurring on the relevant premises which affected the welfare of relevant children. 8. A record of any medicinal product administered to a relevant child on the relevant premises, including the date and circumstances of its administration, by whom it was administered, including medicinal products which the child is permitted to administer to himself or herself, together with a record of a parent's consent. 9. Any special dietary or health needs or allergy of any relevant child. 10. A statement of the procedure to be followed in the event of a fire or accident. 11. A statement of the procedure to be followed where a parent has a complaint about the service provided by the registered person. 12. A statement of the arrangements in place for the protection of relevant children, including arrangements to safeguard the children from abuse or neglect and procedures to be followed in the event of allegations of abuse or neglect. 13. A statement of the procedure to be followed in the event of a relevant child being lost or not collected. 1. - (1) In the case of child minding, a change of the following persons -
(b) any person living or employed on those premises.
(2) The information to be provided is the new person's date of birth, full name, and former names or aliases and home address.
(b) anyone looking after children on the relevant premises, (c) anyone living or working on those premises (provided that persons are not to be treated as working on the premises for the purposes of this paragraph if none of their work is done in the part of the premises in which children are looked after or if they do not work on the premises at times when children are looked after there), and (d) where the day care is provided by a partnership, committee or corporate or unincorporate body, the Chairman, Secretary, Treasurer (or person holding a comparable position in the organisation).
(2) The information to be provided is the new person's date of birth, full name, any former names or aliases used by them and home address. (This note is not part of the Regulations) These regulations are made under Part XA of the Children Act 1989 ("the 1989 Act") and apply to persons who act as child minders or provide day care on premises situated in Wales. Part XA provides for the registration and inspection of child minders and day care providers in Wales by the National Assembly for Wales. It also contains powers enabling the National Assembly to make regulations governing the activities of such persons. The regulations come into force on 1st April 2002. Regulation 3 provides for a statement of purpose to be compiled by registered persons consisting of the aims and objectives and other relevant matters about the service to be provided for children under the care of the registered person. Part II (regulations 4 to 6) makes provision about the suitability of persons acting as child minders and day care providers and requires information to be available in relation to the matters specified in Schedule 2. Where a day care provider is an organisation it must nominate a responsible individual in respect of whom the information must be available. Regulation 5 imposes general requirements about the provision of care by registered persons and as to training. Regulation 6 requires offences and being charged for certain offences to be notified to the National Assembly. Part III makes provision about the welfare and development of relevant children under the care of registered persons and in particular about the promotion of the welfare of such children, the provision of food and the provision and implementation of child protection and behaviour management policies. Regulation 10 contains provisions prohibiting corporal punishment and other measures against such children. Regulations 11 to 13 make provision about the promotion of the health of relevant children, as to their safety and concerning the storage and administration of medicines. Regulation 14 requires a complaints procedure to be prepared and followed by registered persons. Part IV makes provision about the numbers, qualifications, experience and suitability of those working for registered persons including provision about the information which is required in relation to workers before they may work for child minders or day care providers. Part V provides for the keeping of records and the provision of information to parents of relevant children under the care of child minders or day care providers and to the National Assembly. Part VI makes provision about the fitness of premises on which care is provided, equipment and facilities provided at the premises and about fire precautions. Part VII deals with miscellaneous matters. In particular regulation 23 requires registered persons to have regard to national minimum standards for the different settings described in Schedule 1 and provides that any allegation that a registered person has failed to have regard to the relevant standards is to be taken into account by the National Assembly in the exercise of its functions under Part XA of the 1989 Act and in proceedings under that Part of the Act. Regulation 24 provides for offences for contravention of or non-compliance with certain regulations. Notes: [1] 1989 c.41; section 79C was inserted by section 79 of the Care Standards Act 2000 (c.14).back [2] 1997 c.50. Sections 113 and 115, as amended have not yet been brought into force. See further the footnotes to paragraph 2 of Schedule 2 to these Regulations.back [6] 1968 c.67. Section 58 has been amended by section 1 of the Medicinal Products Prescription by Nurses Act 1992 (c.28).back [7] See the footnote to regulation 4(4).back [10] Section 115(5)(e) is amended by section 116 and paragraph 25 of Schedule 4 to the Care Standards Act 2000.back [11] A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.back [12] Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c.14) on a date to be appointed and amended by section 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000 on a date to be appointed . The amendment under paragraph 25 has been brought into force in relation to England only. Sections 113(3C) and 115(6B) are added to the Police Act 1997 by section 90 of the Care Standards Act 2000 on a date to be appointed.back [14] S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I.1986/2268 and S.I.2001/1192.back
ISBN 0 11090477 X
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