Search Legislation

The Child Minding and Day Care (Wales) Regulations 2002

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Suitability of Workers

16.—(1) The registered person shall not—

(a)employ under a contract of employment a person to look after relevant children unless that person is suitable to do so;

(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—

(a)The person is of suitable integrity and good character to do so;

(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—

(i)except where paragraph (3) applies, each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(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(1) has not been brought into force.

(4) The registered person shall ensure that—

(a)any offer of employment to, or other arrangement about working in the relevant premises made with or in respect of, a person described in paragraph (1) is subject to paragraph (2)(d) being complied with in relation to that person; and

(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)—

(a)The registered person has taken all reasonable steps to obtain full information in respect of each of the matters listed in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters listed in paragraphs 3 to 6 of Schedule 2 are incomplete;

(b)full and satisfactory information in relation to that person has been obtained in respect of—

(i)the matter specified in paragraph 1 of Schedule 2; and

(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

(d)pending receipt of, and being satisfied with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his or her duties.

(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.

(1)

See the footnote to regulation 4(4).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources