The Child Minding and Day Care (Wales) Regulations 2010

Made: 20 October 2010

Laid before the National Assembly for Wales: 22 October 2010

Coming into force: 1 April 2011

The Welsh Ministers, in exercise of the powers conferred by sections 24(2) and (3), 25, 26(2) and (3), 27, 28(3), 30, 32(1) – (4), 56 and 74(2) of the Children and Families (Wales) Measure 2010 , make the following Regulations:

PART 1 — INTRODUCTORY

Title, commencement and application

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• (1) The title of these Regulations is the Child Minding and Day Care (Wales) Regulations 2010 and they come into force on 1 April 2011.

• (2) These Regulations apply in relation to Wales.

Interpretation

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• (1) In these Regulations—

• “the 2002 Regulations” (“Rheoliadau 2002”) means the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 ;

• “the 2004 Regulations” (“Rheoliadau 2004”) means the Suspension of Day Care Providers and Child Minders (Wales) Regulations 2004 ;

• “the Measure” (“y Mesur”) means the Children and Families (Wales) Measure 2010;

• “acts as a child minder” (“yn gweithredu fel gwarchodwr plant”) has the same meaning as in section 19 of the Measure ;

• “applicant” (“ceisydd”) means a person who applies to the Welsh Ministers for registration as a child minder or a day care provider in accordance with Part 2;

• “appropriate office” (“swyddfa briodol”) means—if an office has been specified under paragraph (2) in relation to any premises, that office;in any other case, any office controlled by the Welsh Ministers;

• “child protection enquiries” (“ymholiadau amddiffyn plant”) means any enquiries carried out by a local authority in the exercise of any of its functions conferred by or under the Children Act 1989 relating to the protection of children;

• “disqualified” (“wedi ei anghymhwyso”) means that—a person is disqualified from registration as a child minder or provider of day care under Part 2 of the Measure in accordance with the Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2010 ; ora person is a member of the same household or is employed in the same household as a person who is disqualified in accordance with paragraph (a);

• “enhanced criminal record certificate” (“tystysgrif cofnod troseddol fanylach”) means an enhanced criminal record certificate issued under section 113B of the Police Act 1997 , which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act), in respect of which less than three years have elapsed since it was issued;

• “First-tier Tribunal” (“Tribiwnlys Haen Cyntaf”) has the same meaning as in the Tribunals, Courts and Enforcement Act 2007 ;

• “ISA” (“ADA”) means the Independent Safeguarding Authority ;

• “national minimum standards” (“safonau gofynnol cenedlaethol) means the standards set out in the National Minimum Standards for Regulated Child Care published by the Welsh Ministers in accordance with section 30(3) of the Measure ;

• “open access play provision” (“darpariaeth chwarae mynediad agored”) means the provision of day care that does not require—a prior arrangement with the registered person to provide such care; orthat children are escorted by a parent or other responsible person to and from the relevant premises;

• “organisation” (“sefydliad”) means a body corporate or an unincorporated association;

• “person in charge” (“person â chyfrifoldeb”) means in relation to day care, the individual appointed by the registered person as the person to be in full day to day charge of the provision of day care on the premises;

• “premises” (“mangre”) has the meaning in section 71 of the Children and Families (Wales) Measure 2010;

• “provides day care for children” (“Darparu gofal dydd i blant”) has the same meaning as in section 19 of the Measure ;

• “registered person” (“person cofrestredig”) means a person registered under Part 2 of the Measure as a child minder or a provider of day care;

• “relevant child” (“plentyn perthnasol”) means a child in relation to whom a registered person acts as child minder or, as the case may be, to whom day care is provided by a registered person;

• “relevant date” (“dyddiad perthnasol”) means the date upon which these Regulations come into force;

• “relevant premises” (“mangre perthnasol”) means premises on which a registered person acts a child minder or, as the case may be, day care is provided by a registered person;

• “responsible individual” (“unigolyn cyfrifol”) means, in relation to the provision of day care by an organisation, which is—a body corporate—a director;a manager;a secretary; orother officer;oran unincorporated association—an officer; ora member of the governing body,of that organisation, who is responsible for the supervision of the provision of day care;

• “statement of purpose” (“datganiad o ddiben”) means the statement compiled in accordance with regulation 15(1).

• (2) The Welsh Ministers may specify an office controlled by them as the appropriate office in relation to relevant premises situated in a particular area of Wales.

• (3) 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 references to an employee or to a person being employed are to be construed accordingly.

PART 2 — APPLICATION FOR REGISTRATION UNDER PART 2 OF THE MEASURE

Prescribed requirements for registration

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• (1) An applicant for registration as a child minder must—

• (a) satisfy and be likely to continue to satisfy the requirements prescribed in Part 1 of Schedule 1, which contains the requirements prescribed for the purposes of section 24(3)(b) of the Measure (applications for registration: child minding) ; and

• (b) be likely to comply with the relevant requirements in Parts 3, 4 and 5 .

• (2) An applicant for registration as a provider of day care for children must—

• (a) satisfy and be likely to continue to satisfy the requirements prescribed in Part 2 of Schedule 1, which contains the requirements prescribed for the purposes of section 26(3)(b) of the Measure (Applications for registration: day care for children) ; and

• (b) be likely to comply with the relevant requirements in Parts 3, 4 and 5 .

Information and documentation to accompany application for registration

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• (1) An application under section 24(1) of the Measure must—

• (a) be in writing on a form approved by the Welsh Ministers;

• (b) be sent or delivered to the appropriate office; and

• (c) include the information and documentation referred to in Part 1 of Schedule 2 in respect of the matters mentioned therein.

• (2) An application under section 26(1) of the Measure must—

• (a) be in writing on a form approved by the Welsh Ministers;

• (b) be sent or delivered to the appropriate office; and

• (c) include the information and documentation referred to in Part 2 of Schedule 2 in respect of the matters mentioned therein.

Certificate of registration

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A certificate of registration given to an applicant under section 28(2)(b) of the Measure (Entry on the register and certificates) must contain the following particulars—

• (a) the name, address and telephone number of the appropriate office;

• (b) the name of the person who has been registered;

• (c) in the case of a person registered as a provider of day care, the address at which the day care is to be provided;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) where the registration is subject to any conditions, details of the conditions;

• (f) the date of registration;

• (g) a statement that if the child minding or day care, as the case may be, is not provided in accordance with the conditions imposed the registration may be cancelled by the Welsh Ministers;

• (h) a statement that the certificate relates only to the person to whom it is issued by the Welsh Ministers and is not capable of being transferred to another person.

PART 3 — REGISTERED PERSONS

Registered person: suitability

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• (1) A person must not act as a child minder or provide day care unless the person is suitable to look after children under the age of twelve.

• (2) A person is not so suitable unless the person–

• (a) is an individual who acts as a child minder or, who provides day care alone or in partnership with one or more persons, and each such individual satisfies the requirements set out in paragraph (3); or

• (b) in the case where a person providing day care, is an organisation and—

• (i) the organisation has given notice to the appropriate office of the name, address and position in the organisation of the responsible individual; and

• (ii) the responsible individual satisfies the requirements set out in paragraph (3).

• (3) The requirements are that —

• (a) in relation to child minding —

• (i) the person who acts as child minder satisfies the requirements prescribed in paragraphs 2 to 7 of Part 1 of Schedule 1; and

• (ii) there is full and satisfactory information or documentation available in relation to that individual in relation to each of the matters specified in paragraphs 2, 16 and 17 of Part 1 of Schedule 2;

• (b) in relation to the provision of day care—

• (i) where the person is an individual and paragraph (4) does not apply—

• (aa) that person satisfies the requirements prescribed in paragraphs 15 – 20 of Part 2 of Schedule 1, and

• (bb) there is full and satisfactory information or documentation in relation to that person in respect of each of the matters specified in paragraphs 22, 39 and 40 of Part 2 of Schedule 2;

• (ii) where the person is an individual and paragraph (4) applies—

• (aa) that person satisfies the requirements prescribed in paragraphs 15 – 20 of Part 2 of Schedule 1; and

• (bb) there is full and satisfactory information or documentation in relation to that person in respect of each of the matters specified in paragraphs 22(5)(b) and 39 of Part 2 of Schedule 2;

• (iii) where the person is the responsible individual and paragraph (4) does not apply—

• (aa) that person satisfies the requirements prescribed in paragraphs 21 – 25 of Part 2 of Schedule 1; and

• (bb) there is full and satisfactory information or documentation in relation to that person in respect of each of the matters specified in paragraphs 24(2), (3)(a), and (4), 39 and 40 of Part 2 of Schedule 2;

• (iv) where the person is the responsible individual and paragraph (4) applies—

• (aa) that person satisfies the requirements prescribed in paragraphs 21 – 25 of Part 2 of Schedule 1; and

• (bb) there is full and satisfactory information or documentation in relation to that person in respect of each of the matters specified in paragraphs 24(2) and (3)(b), and 39 of Part 2 of Schedule 2.

• (4) This paragraph applies where a person in charge has been appointed.

Appointment of a person in charge

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• (1) The registered person must appoint an individual to be the person in charge of the provision of day care if—

• (a) the registered person is an organisation and the responsible individual is not or does not intend to be in full day to day charge of the provision of day care; or

• (b) the registered person is an individual and he or she is not or does not intend to be in full day to day charge of the provision of day care.

• (2) Where the registered person appoints an individual to be the person in charge, the registered person must—

• (a) ensure that the person in charge is suitable to be the person in charge of the provision of day care; and

• (b) forthwith give notice to the appropriate office of the date on which the person in charge will take charge of the provision of day care.

Person in charge: suitability

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• (1) A person must not act as the person in charge of the provision of day care unless he or she is suitable to do so.

• (2) A person is not so suitable unless the person satisfies the requirements set out in paragraph (3).

• (3) The requirements are that the person—

• (a) satisfies the requirements prescribed in paragraphs 27 to 31 of Part 2 of Schedule 1; and

• (b) that there is full and satisfactory information or documentation available in relation to the person in respect of each of the matters specified in paragraphs 25, 39 and 40 of Part 2 of Schedule 2.

Registered person: general requirements

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• (1) The registered person must, having regard to—

• (a) the statement of purpose, the number and needs (including any needs arising from disability) of the relevant children, and

• (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.

• (2) Where a person in charge has been appointed, the registered person must ensure that the person in charge fulfils the requirements set out in paragraph (1).

• (3) Where a registered person acts as a child minder or is an individual providing day care, the registered person must undertake from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for acting as a child minder or providing day care, as the case may be.

• (4) Where the registered person is an organisation providing day care it must ensure that the responsible individual undertakes such training as is appropriate to ensure that he or she has the skills necessary for providing day care or, where a person in charge has been appointed, for supervising the provision of day care.

• (5) Where a person in charge has been appointed the registered person must ensure that the person in charge undertakes such training as is appropriate to ensure that he or she has the skills necessary for providing day care.

Notification of offences

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• (1) Where the registered person, the person in charge or the responsible individual is convicted of any criminal offence whether in Wales or elsewhere, the registered person must forthwith give notice in writing to the appropriate office of–

• (a) the date and place of the conviction;

• (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 or the person in charge 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 the registered person must forthwith give notice in writing to the appropriate office of the offence charged and the date and place of charge.

Death of registered person

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• (1) If more than one person is registered in respect of the provision of day care, and a registered person dies, a surviving registered person must within 14 days of the death provide the appropriate office with written notification of the death.

• (2) If only one person is registered in respect of the provision of day care, and that person, dies, his or her personal representatives must notify the appropriate office in writing—

• (a) within 14 days of the death of the registered person, of that death; and

• (b) within 28 days of the death of the registered person, of their intentions regarding the future running of the provision of day care.

• (3) Subject to paragraph (5), the personal representatives of a deceased person who is registered to provide day care may carry on the provision of day care without being registered in respect of it–

• (a) for a period not exceeding 28 days from the death of the registered person; and

• (b) for any further period as may be determined in accordance with paragraph (4).

• (4) The Welsh Ministers may determine a period, not exceeding one year from the date of the death of the registered person, for the purposes of paragraph (3)(b) and must notify any such determination to the personal representatives in writing.

• (5) The personal representatives must appoint a person in charge to manage the provision of day care during the period in which, in accordance with paragraph (3), they carry on the provision of day care without being registered in respect of it.

• (6) If a person is registered in respect of child minding, and that person dies, his or her personal representatives must notify the appropriate office in writing within 14 days of the death of the registered person.

PART 4 — GENERAL REQUIREMENTS AND ENFORCEMENT

Requirement to comply with regulations

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• (1) A registered person must—

• (a) meet the requirements set out in Part 5 as they apply to that person; and

• (b) in the provision of the care provided by that person, have regard to the needs of each child for whom child minding or day care is provided.

• (2) Any failure by the registered person—

• (a) to meet any relevant requirement set out in Part 5; or

• (b) to have regard to the matter specified in paragraph (1)(b),

may be taken into account in the exercise by the Welsh Ministers of their functions under Part 2 of the Measure and in any proceedings under that Part of the Measure.

Compliance with regulations – more than one registered person

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