The Day Care and Child Minding (National Standards) (England) Regulations 2001

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Day Care and Child Minding (National Standards) (England) Regulations 2001 and shall come into force on 2nd July 2001.

(2) These Regulations apply only in relation to England.

Interpretation

2.  In these Regulations unless the context otherwise requires—

“the Act” means the Children Act 1989;

“child care category” means each one of the five categories of child minding and day care provision set out in the national standards documents;

“national standards” means the standards numbered 1 to 14 set out in each of the national standards documents;

“national standards document” means a document published by the Department for Education and Employment listed in Schedule 1 to these Regulations;

“parent”, in relation to a child, includes any person—

(a)

who is not his parent but who has parental responsibility for him, or

(b)

who has care of him;

“person in charge” means in relation to day care the individual appointed by the registered person as the person in charge of providing actual day care on the premises;

“registered person” means a person registered under Part XA of the Act as a child minder or a provider of day care;

“supporting criteria” means the criteria set out in respect of each national standard in each national standards document.

National Standards

3.—(1) In exercising his functions under Part XA of the Act, the Chief Inspector—

(a) shall have regard to the national standards and supporting criteria; and

(b) may take account of—

(i) the duty imposed on a registered person by paragraph (2); and

(ii) any failure or alleged failure of such a person to comply with that duty in any respect or on any occasion.

(2) A registered person who acts as a child minder, or provides day care, on premises shall—

(a) meet the requirements of the national standards; and

(b) have regard to the supporting criteria applicable to the child care category into which he falls.

(3) Any allegation that a registered person has failed to comply with paragraph (2) may be taken into account in any proceedings under Part XA of the Act.

Provision of information

4.—(1) A registered person shall notify the Chief Inspector of the occurrence of any of the events set out in Schedule 2 to these Regulations and shall at the same time provide him with any information specified in that Schedule in respect of that event.

(2) Notification shall be made—

(a) where it is reasonably practicable to do so, in advance of the event occurring, and

(b) in all other cases as soon as reasonably practicable, but not later than 14 days, after the event has occurred.

Keeping of records

5.—(1) Subject to paragraph (2), a registered person shall—

(a) keep at the premises all the records specified in Schedule 3 to these Regulations;

(b) preserve every entry in the records specified in paragraphs 5, 6 and 7 of that Schedule for a period of two years from the date on which the entry was made; and

(c) provide the Chief Inspector with copies of such of those records as he may from time to time request.

(2) A registered person who provides day care by means of an open access scheme is not required to keep the records specified in paragraphs 1, 2 and 5 of that Schedule.

(3) An “open access scheme” is a scheme for the provision of day care which does not require—

(a) children to be accompanied by a parent or other responsible person while on the premises at which the day care is provided; or

(b) children to be escorted by a parent or other responsible person to and from those premises.

Notice

6.—(1) Where the Chief Inspector considers that a registered person has failed to comply with the requirements of regulation 3(2) or regulation 5 he may give notice to the registered person specifying—

(a) in what respect that person has failed or is failing to comply with the requirements of that paragraph,

(b) what action the person should take to comply, and

(c) the period within which that person should take action, such period to begin with the date of the notice.

(2) A registered person shall comply with the terms of the notice within the period specified in that notice.

(3) A notice under this regulation shall be given in accordance with regulation 7.

Service

7.—(1) A notice may be given by being delivered personally to the registered person, sent by post in a registered letter or by the recorded delivery service or by being transmitted electronically.

(2) For the purposes of section 7 of the Interpretation Act 1978(1) (which defines “service by post”) a letter to a registered person enclosing a notice given under this regulation shall be deemed to be properly addressed if it is addressed to him at the home address notified to the Chief Inspector upon the registered person’s application for registration or subsequently.

(3) A notice is transmitted electronically for the purposes of paragraph (1) where the particulars contained in the notice are transmitted by electronic means from a computer system operated by the Chief Inspector to a computer system operated by the registered person at any number or address used for the purposes of electronic communications notified by that person to the Chief Inspector.

Offence

8.—(1) A registered person who, without reasonable excuse, has failed to comply with the requirements of regulation 4 or paragraph (2) of regulation 6 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Proceedings under this regulation may only be taken by the Chief Inspector.

Margaret Hodge

Parliamentary Under Secretary of State,

Department for Education and Employment

9th May 2001