Rheoliadau Cofrestru Gofal Cymdeithasol a Gofal Iechyd Annibynnol (Diwygio) (Cymru) 2003

© Hawlfraint y Goron 2003

Caiff Offerynnau Statudol o'r wefan hon eu hargraffu o dan oruchwyliaeth ac awdurdod Rheolwr Gwasg ei Mawrhydi sef Argraffydd Ddeddfau Senedd y Frenhines.

Mae'r ddeddfwriaeth a gynhwysir ar y wefan hon yn gaeth i ddiogelwch Hawlfraint y Goron. Gellir ei atgynhyrchu yn rhad ac am ddim cyn belled â'i fod wedi ei atgynhyrchu'n gywir a bod ffynhonnell a statws hawlfraint y deunydd wedi eu nodi'n glir i'r defnyddiwr.

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Paratowyd testun y fersiwn Rhyngrwyd yma o Offeryn Statutdol i adlewyrchu'r testun fel y cafodd ei Wneud. Mae fersiwn brint hefyd ar gael ac mae wedi ei chyhoeddi gan The Stationery Office Limited fel Rheoliadau Cofrestru Gofal Cymdeithasol a Gofal Iechyd Annibynnol (Diwygio) (Cymru) 2003, ISBN 0110908023. Gellir prynu'r fersiwn brint trwy glicio yma. Gellir hefyd prynu copïau Braille o'r Offeryn Statudol yma am yr un pris â'r argraffiad print drwy gysylltu â Gwasanaethau Cwsmeriaid TSO ar 0870 600 5522 neu ar e-bost: customer.services@tso.co.uk.

Gellir cael rhagor o wybodaeth am gyhoeddiad deddfwriaeth ar y wefan hon drwy gyfeirio at Frequently Asked Questions.

I sicrhau mynediad cyflym dros gysylltiadau araf, mae dogfennau mawr wedi eu rhannu i "ddarnau". Pan welwch fotwm "continue" ar ddiwedd tudalen o destun, mae hyn yn dynodi bod darn arall o destun ar gael.

" "person in charge" means, in relation to the provision of day care, the individual appointed by the registered person as the person in charge of providing actual day care on the premises where the registered person or responsible individual as the case may be, is not or does not intend to be in actual day to day charge of the provisions of day care on the premises;".

    (3) Newidir y canlynol am Reoliad 17  - 

     " 17.  - (1) An application for registration shall  - 


(a) be in writing on a form approved by the National Assembly;

(b) be sent or delivered to the appropriate office of the National Assembly;

(c) be accompanied by a recent photograph of the responsible person of whom the photograph shall be a true likeness;

(d) except where paragraph (2) applies, give full information or documentation, as the case may be, in respect of the matters specified in Schedules 7 and 8 in relation to the applicant and, as the case may be, any person other than the applicant who works for or is intended to work for the applicant in relation to child minding or the provision of day care;

(e) where paragraph (2) applies, give full information or documentation, as the case may be, in respect of each of the matters specified in paragraphs 1(a) and 2 of Schedule 7 and paragraphs 1, 4, 8 and 9 of Schedule 8 in relation to the applicant and, as the case may be, in respect of all the matters specified in Schedules 7 and 8 in relation to any person other than the applicant who works for or is intended to work for the applicant in relation to child minding or the provision of day care, including the person in charge.



    (2) This paragraph applies where a person in charge has been appointed."

    (4) Yn Rheoliad 18 ar ôl paragraff (c) rhodder  - 

" (cc) the name of the person in charge where one has been appointed;"

    (5) Dileër paragraff 3 o Atodlen 7.

    (6) Yn lle Atodlen 8 rhodder y canlynol  - 

" SCHEDULE 8
DOCUMENTS TO BE SUPPLIED ON AN APPLICATION FOR REGISTRATION AS A CHILD MINDER OR AS A PROVIDER OF DAY CARE.

Documents concerning applicant and person in charge.
     1. The responsible person's and the person in charge's birth certificate.

     2. Certificates or other suitable evidence relating to the responsible person's or the person in charge's professional or technical qualifications, so far as such qualifications are relevant to looking after children under the age of eight.

     3.  - (1) Subject to sub-paragraph (2), a report by a general medical practitioner as to whether the responsible person or person in charge is physically and mentally fit to look after children under the age of eight.

    (2) Where the responsible person or person in charge is unable to obtain the report referred to in sub-paragraph (1), a statement by the responsible person or person in charge as to the state of his or her physical and mental health.

     4. The following documents in relation to the responsible person and the person in charge  - 


(a) a criminal record certificate - 


(i) which has been issued under section 113 of the Police Act 1997; and

(ii) the application for which was countersigned by the National Assembly, including, to the extent permitted under the Police Act 1997, the matters specified in section 113(3A)(a) and (b) and (3C)(a) and (b) of that Act;



(b) an enhanced criminal records certificate - 



(i) which has been issued under section 115 of that Act; and

(ii) the application for which was countersigned by the National Assembly,



including, to the extent permitted under the Police Act 1997, the matters specified in section 115(6A)(a) and (b) and (6B)(a) and (b) of that Act.



     5. Where the applicant is an organisation, copies of the last two annual reports it was required to produce.

     6. Where the organisation is a subsidiary of a holding company, the name and address of the registered or principal office and the last two annual reports (if any) of the holding company and of any other subsidiary of that holding company.

     7. The last annual accounts (if any).

     8. A certificate of insurance for the applicant in respect of liability which may be incurred by him or her in respect of death, injury, public liability, damage or other loss occurring in relation to the proposed child minding or the provision of day care, as the case may be.

     9. Nothwithstanding paragraph 4, where the responsible person or person in charge has applied for a certificate referred to in paragraph 4, but the certificate has not been issued - 



(a) a statement confirming that the documents specified in paragraph 4 have been applied for and that the applicant will advise the National Assembly on receipt that they are available for inspection;

(b) a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999 and regulations made under section 218 of the Education Reform Act 1988; and

(c) A police check being a report produced by or on behalf of a chief officer of police or other member of a police force within the meaning of the Police Act 1996 which records, as at the time the report is produced, all criminal offences - 


(i) for which the person had been convicted including convictions which are spent within the meaning of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975; or

(ii) in respect of which the person had been cautioned and which, at the time the caution was given, the person admitted.



Criminal record certificates in respect of staff
     10.  - (1) A statement confirming that - 



(a) the documents specified in sub-paragraph (2) have been issued - 


(i) in the case of any applicant, to every person, other than the applicant, who works, or is intended to work, for the applicant; and

(ii) where the applicant is an organisation, to the responsible individual, and



(b) the applicant will make the documents so issued available for inspection by the National Assembly if the National Assembly so requires.



    (2) The following documents are specified - 



(a) if the position in which the person works, or is intended to work, falls within section 113 (3B) of the Police Act 1997, either - 


(i) if the position falls within section 115(3) of that Act, an enhanced criminal record certificate issued to the person under section 115 of that Act; or

(ii) in any other case, a criminal record certificate issued to the person under section 113 of that Act,



including the matters specified in, as the case may be, section 115(6A)(a) and (b) or 113(3A)(a) and (b) of that Act;

(b) if the position in which the person works, or is intended to work, does not fall within section 113(3B) of the Police Act 1997, a criminal record certificate issued to the person under section 113 of that Act.".

Llofnodwyd ar ran Cynulliad Cenedlaethol Cymru o dan adran 66(1) o Ddeddf Llywodraeth Cymru 1998[3]


John Marek
Dirprwy Lywydd y Cynulliad Cenedlaethol

21 Hydref 2003

[2] O.S. 2002/919 (Cy.107).back

[3] 1998 p.38.back