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The Child Minding and Day Care (Wales) Regulations 2002

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This is the original version (as it was originally made).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

Regulation 2(1)

SCHEDULE 1STATEMENTS OF NATIONAL MINIMUM STANDARDS

National Minimum Standards for Child Minders

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

Regulations 4 and 16

SCHEDULE 2INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO ACT AS OR WORK FOR CHILD MINDERS OR PROVIDERS OF DAY CARE

1.  Proof of identity including a recent photograph.

2.  Either—

(a)where the certificate is required for a purpose relating to section 115(5)(e) of the Police Act 1997 (registration under Part XA of the Children Act 1989) (1) or the position falls within section 115(3) of the Police Act 1997(2), an enhanced criminal record certificate issued under section 115 of that Act in respect of which less than three years have elapsed since it was issued; or

(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(3).

3.  Two written references, including a reference from the last employer, if any.

4.  Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.

5.  Documentary evidence of any relevant qualification.

6.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

7.  Details of any criminal offences—

(a)Of which the person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974(4) and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(5); or

(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.

Regulation 18

SCHEDULE 3RECORDS TO BE MAINTAINED

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.

Regulation 19

SCHEDULE 4EVENTS TO BE NOTIFIED TO THE NATIONAL ASSEMBLY

1.  (1)  In the case of child minding, a change of the following persons—

(a)any person looking after children on the relevant premises, or

(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.

2.  (1)  In the case of day care, a change of the following persons—

(a)any person in charge,

(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.

3.  Any change in the name or home address of the registered person or those persons described in paragraph 1(1) or paragraph 2(1)(a) to (c).

4.  Any change in the type of care provided by a registered person.

5.  Any change in the address of the relevant premises.

6.  In the case of day care, any change in the facilities to be used for day care on the relevant premises, including changes to the number of rooms, their functions, the numbers of lavatories and washbasins, any separate facilities for adult workers and access to the premises for cars.

7.  Any change in the hours during which day care or child minding is provided.

8.  The outbreak at the relevant premises of any infectious disease which in the opinion of any registered medical practitioner attending a child or other person at the premises is sufficiently serious to be so notified or of any serious injury to, or serious illness of, or the death of, any child or other person on the premises.

9.  Any allegations of serious harm against a child committed by any person looking after relevant children at the premises, or by any person living, working or employed on the premises, or any abuse alleged to have taken place on the premises.

10.  Any other event which may affect the suitability of the registered person to look after children or the suitability of any person living, working or employed on the premises to be in regular contact with children.

11.  Any other significant event which is likely to affect the welfare of any child on the premises.

(1)

Section 115(5)(e) is amended by section 116 and paragraph 25 of Schedule 4 to the Care Standards Act 2000.

(2)

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.

(3)

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.

(5)

S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I.1986/2268 and S.I.2001/1192.

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