The Child Minding and Day Care (Wales) Regulations 2010

Registered person: suitability

6.—(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 eight.

(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.