Pre-School
CHILD CARE ACT
PART VII
Supervision of Pre-School Services
Annotations
Editorial Notes:
E151
Extension of powers in Part to authorised officers appointed by statutory bodies that have entered into service contracts with the Agency sought to be effected (1.01.2014) by Child and Family Agency Act (40/2013), s. 57(2), S.I. No. 502 of 2013, is not possible because of repeal of Part (1.01.2014) by Child and Family Agency Act (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Definitions for Part VII.
49.—F319[…]
Annotations
Amendments:
F319
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E152
Previous affecting provision: section substituted by Child Care (Amendment) Act 2007 (26/2007), s. 5, not commenced; substituted as per F-note above.
E153
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 54(a), S.I. No. 887 of 2004; substituted as per F-note above.
Regulations as to pre-school services.
50.—F320[…]
Annotations
Amendments:
F320
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E154
Previous affecting provision: power pursuant to section and s. 68 exercised (3.09.2007 and 19.12.2006) by Child Care (Pre-School Services) (No2) Regulations 2006 (S.I. No. 604 of 2006) as amended (19.12.2006) by Child Care (Pre-School Services) (No2) (Amendment) Regulations 2006 (S.I. No. 643 of 2006); revoked (30.06.2016) by Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016), reg. 3, in effect as per reg. 1(2).
E155
Previous affecting provision: words in subss. (1), (2) and subs. (3A) inserted by Child Care (Amendment) Act 2007 (26/2007), s. 6, not commenced; superseded as per F-note above.
E156
Previous affecting provision: power pursuant to section exercised (2.01.2007) by Child Care (Pre-School Services) Regulations 2006 (S.I. No. 505 of 2006); revoked by Child Care (Pre-School Services) (No2) Regulations 2006 (S.I. No. 604 of 2006), art. 3(2) as amended (19.12.2006) by Child Care (Pre-School Services) (No2) Regulations 2006 (S.I. No. 643 of 2006), reg. 3(2).
E157
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 55, S.I. No. 887 of 2004; superseded as per F-note above.
E158
Previous affecting provision: power pursuant to section exercised (20.06.1997) by Child Care (Pre-School Services) (Amendment) Regulations 1997 (S.I. No. 268 of 1997); revoked (2.01.2007) by Child Care (Pre-School Services) Regulations 2006 (S.I. No. 505 of 2006), art. 2.
E159
Previous affecting provision: power pursuant to section exercised (31.12.1996) by Child Care (Pre-School Services) Regulations 1996 (S.I. No. 398 of 1996); revoked (2.01.2007) by Child Care (Pre-School Services) Regulations 2006 (S.I. No. 505 of 2006), art. 2.
F321[Notice to Health Service Executive.
51.—F322[…]]
Annotations
Amendments:
F321
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 56, S.I. No. 887 of 2004.
F322
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E160
Previous affecting provision: subs. (3) and (4) inserted by Child Care (Amendment) Act 2007 (26/2007), s. 7, not commenced; superseded as per F-note above.
Duty of person carrying on pre-school service.
52.—F323[…]
Annotations
Amendments:
F323
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E161
Previous affecting provision: section amended by Child Care (Amendment) Act 2007 (26/2007), s. 8, not commenced; superseded as per F-note above.
Supervision of pre-school services.
53.—F324[…]
Annotations
Amendments:
F324
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E162
Previous affecting provision: words inserted by Child Care (Amendment) Act 2007 (26/2007), s. 9, not commenced; superseded as per F-note above.
E163
Previous affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a), not commenced; as amended (1.01.20134) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013.
E164
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 57, S.I. No. 557 of 2004; superseded as per F-note above.
Authorised persons.
54.—F325[…]
Annotations
Amendments:
F325
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E165
Previous affecting provision: subss. (1) and (2) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 58, S.I. No. 887 of 2004; superseded as per F-note above.
Inspection by authorised persons.
55.—F326[…]
Annotations
Amendments:
F326
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E166
Previous affecting provision: words inserted in subss. (1), (2) and (3) by Child Care (Amendment) Act 2007 (26/2007), s. 10, not commenced; superseded as per F-note above.
E167
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 59, S.I. No. 887 of 2004.
Provision by health boards of pre-school services and information.
56.—F327[…]
Annotations
Amendments:
F327
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E168
Previous affecting provision: words inserted by Child Care (Amendment) Act 2007 (26/2007), s. 11, not commenced; superseded as per F-note above.
E169
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 60, S.I. No. 887 of 2004.
Offences under Part VII.
57.—F328[…]
Annotations
Amendments:
F328
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E170
Previous affecting provision: words inserted in subs. (2) by Child Care (Amendment) Act 2007 (26/2007), s. 12, not commenced as of date of revision.
Exemptions from provisions of this Part.
58.—F329[…]
Annotations
Amendments:
F329
Part VII (ss. 49-58) repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.
Editorial Notes:
E171
Previous affecting provision: section substituted by Child Care (Amendment) Act 2007 (26/2007), s. 13, not commenced; superseded as per F-note above.
F330[PART VIIA
Supervision of Early Years Services
]
Annotations
Amendments:
F330
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F331[
Definitions for this part
58A.—In this Part—
“Agency” has the same meaning as it has in the Child and Family Agency Act 2013;
“arts” has the same meaning as it has in the Arts Act 2003;
“authorised person” means a person appointed under section 58I to be an authorised person for the purposes of this Part;
“competitive sport” has the same meaning as it has in the Irish Sports Council Act 1999;
“early years service” means a service providing—
(a) a pre-school service, or
(b) a school age service;
“pre-school child” means a child who has not attained the age of six years, and who is not attending a recognised school;
“pre-school service” means any pre-school, play group, day nursery, crèche, day-care or other similar service which caters for pre-school children;
“recognised school” has the same meaning as it has in the Education Act 1998;
“recreational sport” has the same meaning as it has in the Irish Sports Council Act 1999;
“register” means the register established and maintained in accordance with section 58C;
F332[“school” has the same meaning as it has in the Education Act 1998;]
“school age child” means a child who is attending a school age service;
F333[“school age service” means any early years service, play group, day nursery, crèche, day-care or other similar service which—
(a) caters for children under the age of 15 years enrolled in a school providing primary or post-primary education,
(b) provides a range of activities that are developmental, educational and recreational in manner, which take place outside of school hours, the primary purpose of which is to care for children where their parents are unavailable, and
(c) the basis for access to which is made publicly known to the parents and guardians of the children referred to in paragraph (a) of this definition,
but excludes those services—
(i) solely providing activities relating to—
(I) the Arts,
(II) youth work,
(III) competitive or recreational sport,
(IV) tuition, or
(V) religious teaching,
or
(ii) for whom statutory provision for inspection exists, prior to the commencement of this section;]
“youth work” has the same meaning as it has in the Youth Work Act 2001.]
Annotations
Amendments:
F331
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F332
Inserted (17.02.2019) by Childcare Support Act 2018 (11/2018), s. 22(a)(i), S.I. No. 574 of 2019.
F333
Substituted (17.02.2019) by Childcare Support Act 2018 (11/2018), s. 22(a)(ii), S.I. No. 574 of 2018.
F334[
Regulations
58B.—(1) The Minister shall, after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government, make regulations for the purpose of securing the health, safety and welfare and promoting the development of children attending early years services.
(2) Without prejudice to the generality of subsection (1), regulations may—
(a) prescribe any matter or thing referred to in this Part as prescribed or to be prescribed,
(b) prescribe requirements as to the heating, lighting, ventilation, cleanliness, repair and maintenance of premises in which early years services are carried on and as to the equipment and facilities to be provided,
(c) provide for the enforcement and execution of the regulations by the Agency,
(d) prescribe the fees to be paid to the Agency by persons carrying on prescribed early years services towards the cost of inspections under this Part,
(e) prescribe the minimum level of qualifications for any class or classes of persons working in an early years service, and
(f) prescribe any additional particulars and details required in relation to the register.
(3) Regulations under this section may—
(a) make different provision for different classes of early years services,
(b) prescribe different requirements for different classes of early years services,
(c) provide for exemptions from any provision or provisions of the regulations for a specified class or classes of early years services.]
Annotations
Amendments:
F334
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
Editorial Notes:
E172
Power pursuant to section exercised (1.09.2023) by Employment Permits (Amendment) (No. 2) Regulations 2023 (S.I. No. 387 of 2023), in effect as per reg. 1(2).
E173
Power pursuant to section exercised (27.04.2022, 1.01.2023) by Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2022 (S.I. No. 196 of 2022), in effect as per reg. 1(2), (3).
E174
Power pursuant to section exercised (27.04.2022, 1.01.2023) by Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022 (S.I. No. 195 of 2022), in effect as per reg. 1(2), (3).
E175
Power pursuant to section exercised (1.09.2021) by Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2021 (S.I. No. 401 of 2021), in effect as per reg. 1(2).
E176
Power pursuant to section exercised (18.02.2019) by Child Care Act 1991 (Early Years Services) (Registration Of School Age Services) (Amendment) Regulations 2019 (S.I. No. 58 of 2019), in effect as per reg. 1(2).
E177
Power pursuant to section exercised (18.02.2019) by Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 (S.I. No. 575 of 2018), in effect as per reg. 1(2).
E178
Power pursuant to section exercised (31.12.2016) by Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 (S.I. No. 632 of 2016), in effect as per reg. 1(2).
E179
Power pursuant to section exercised (30.06.2016) by Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016), in effect as per reg. 1(2).
F335[
Register
58C.—(1) The Agency shall establish and maintain a register to be known as the register of prescribed early years services (the “register”).
(2) The register shall contain the names of persons who provide prescribed early years services (“registered providers”), the addresses of the premises on which those services are provided, the number of children each service can accommodate, the date of registration and any other details required by regulations made under section 58B.
(3) The register may be established and maintained in paper or electronic form.
(4) The register shall be available for inspection by members of the public, free of charge, at such times and in such manner as may be prescribed.]
Annotations
Amendments:
F335
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F336[
Registration
58D.—(1) A person shall not provide a prescribed early years service unless his or her name is entered in the register as a provider of that service.
(2) The provider of a prescribed early years service or a person who proposes to provide a prescribed early years service shall make an application to the Agency to be registered in the register.
(3) An application under subsection (2) shall be in such form as may be prescribed and accompanied by such fee as may be prescribed.
(4) The period of a registration shall be 3 years from the date of registration.
(5) The Agency may, on application to it in that behalf by a person who is providing or proposes to provide a prescribed early years service—
(a) register the provider concerned,
(b) register that provider with a condition or conditions attached to that registration,
(c) refuse to register that provider or proposed provider.
(6) The Agency may remove a registered provider from the register.
(7) Where the Agency becomes aware that any particular entered in the register is incorrect it may amend the register to correct the matter.
(8) The Agency shall attach a condition to a registration, refuse a registration, or remove a registered provider from the register where it is satisfied that—
(a) the premises in which the prescribed early years service is, or is proposed to be, provided do not comply with regulations made under this Part, or
(b) the carrying on of the prescribed early years service concerned is not, or will not be, in compliance with such regulations.
F337[(8A) The Agency shall refuse to register an applicant where the applicant—
(a) refuses to allow an authorised person, in accordance with subsection (1A) of section 58J, to enter the premises in which the applicant proposes to provide the prescribed early years service, or
(b) obstructs or impedes an authorised person in the exercise of any of his or her powers under subsection (3A) of that section.]
(9) The Agency shall refuse to register an applicant and shall remove from the register a registered provider—
(a) who has been convicted of—
(i) an offence under this Part, or
(ii) any offence that in the Agency’s opinion renders such person unfit to carry on or be in charge of such service,
(b) who has failed to furnish, within 21 days or such further period as the Agency considers reasonable in the circumstances, the Agency with information the Agency has reasonably required for the performance of its functions under this Part, or has knowingly furnished the Agency with information that is false or misleading in a material particular, or
(c) who has, within the 12 months preceding the date on which registration or removal from the register would take effect, contravened a condition attached to the registration concerned.
(10) The registered provider, not less than 2 months before the expiry of the period of registration concerned, shall apply to the Agency in accordance with subsection (2) to be registered and, where the Agency does not propose to refuse to register or to attach a condition to the registration of the prescribed early years service concerned, it shall renew the registration and the date of registration shall be the day following the day of expiry of the previous registration.
(11) Where the Agency proposes to refuse to register an applicant, to remove a registered provider from the register, to attach a condition to, or amend or revoke a condition attached to, a registration, it shall notify in writing the applicant or the registered provider, as the case may be, of its proposal and of the reasons for it.
(12) A notification under subsection (11) shall include a statement that the person concerned may, within 21 days of the receipt by him of the notification—
(a) make representations to the Agency, or
(b) appeal to the District Court under section 58F against the decision.
(13) A person who has been notified of a proposal under subsection (11) may, within 21 days of the receipt of the notification, make representations in writing to the Agency and the Agency shall—
(a) before deciding the matter, take into consideration any representations duly made to it by that person, and
(b) notify the person in writing of its decision within 21 days of the receipt of any representations made to it and of the reasons for it.
(14) Where a registered provider ceases to provide a prescribed early years service that provider shall inform the Agency in writing as soon as reasonably practicable of that cessation.]
Annotations
Amendments:
F336
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F337
Inserted (26.04.2016) by Child Care (Amendment) Act 2015 (45/2015), s. 10, S.I. No. 203 of 2016.
F338[
Notice to Health Service Executive
58E.—A person who, before the amendment of this Part by the Child and Family Agency Act 2013, gave notice to the Health Service Executive in the manner prescribed under section 51 of the Child Care Act 1991 shall be deemed for the purposes of this Part to be a registered provider for a period of 3 years from the date of commencement of this section.]
Annotations
Amendments:
F338
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F339[
Appeals to District Court
58F.—(1) A registered provider or an applicant, may, within 21 days of the receipt of the notification of a decision under section 58D, appeal to the District Court against a decision of the Agency to—
(a) refuse to register the applicant under section 58D,
(b) remove the registered provider from the register, or
(c) attach a condition, or amend or revoke a condition attached, to that registration.
(2) The court may, if it so thinks proper, confirm the decision of the Agency under section 58D or direct the Agency, as may be appropriate, to register an applicant, to restore the registration of a registered provider, to attach or withdraw a condition or amend or revoke a condition, of the registration concerned.
(3) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the premises in which the registered provider provides the prescribed early years service, or the premises in which it is proposed that an applicant shall provide a prescribed early years service, is situated.
(4) A decision of the District Court under this section on a question of fact shall be final.]
Annotations
Amendments:
F339
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F340[
Duty of person providing early years service
58G.—It shall be the duty of every person providing an early years service to take all reasonable measures to safeguard the health, safety and welfare of children attending the service and to comply with regulations made by the Minister under this Part.]
Annotations
Amendments:
F340
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F341[
Supervision of early years services
58H.—F342[(1)] The Agency shall cause to be visited from time to time each prescribed early years service in order to ensure that the person carrying on the service is complying with this Part.]
F342[(2) The Agency may cause to be visited the premises in which an applicant proposes to provide a prescribed early years service to ascertain if the premises comply with this Part.]
Annotations
Amendments:
F341
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F342
Section designated as subss. (1), (2) inserted (26.04.2016) by Child Care (Amendment) Act 2015 (45/2015), s. 11(a), (b), S.I. No. 203 of 2016.
F343[
Authorised persons
58I.—(1) The Agency shall appoint such and so many persons as it thinks fit to be authorised persons for the purposes of this Part.
(2) Every authorised person shall be furnished with a warrant of his or her appointment as an authorised person, and, when exercising any power conferred on an authorised person under this Part, shall, if requested by any person affected, produce the warrant to that person.]
Annotations
Amendments:
F343
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F344[
Inspection by authorised persons
58J.—(1) An authorised person may, at all reasonable times, enter any premises in which a registered provider is providing a prescribed early years service for the purpose of ensuring compliance with this Part.
F345[(1A) An authorised person may, at all reasonable times, enter any premises in which an applicant proposes to provide a prescribed early years service for the purpose of ascertaining if the premises comply with this Part.]
(2) A judge of the District Court may, if satisfied on information on oath that there are reasonable grounds for believing that a prescribed early years service is being provided in any premises (including a private dwelling) by a person who is not a registered provider, issue a warrant authorising an authorised person to enter and inspect the premises.
(3) An authorised person who enters any premises in accordance with subsection (1) or (2) may make such examination into the condition of the premises and the care and attention which the children are receiving in those premises as may be necessary for the purposes of this Part.
F345[(3A) An authorised person who enters any premises in accordance with subsection (1A) may make such examination into the condition of the premises as may be necessary for the purposes of this Part.]
(4) A warrant under subsection (2) may be issued by a judge of the District Court for the time being assigned to the district court district where the premises, in which the prescribed early years service is being provided, are situated.]
Annotations
Amendments:
F344
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F345
Inserted (26.04.2016) by Child Care (Amendment) Act 2015 (45/2015), s. 12, S.I. No. 203 of 2016.
F346[
Offences under Part VIIA
58K.—(1) A person who—
(a) refuses to allow an authorised person to enter any premises in accordance with subsection (1) or (2) of section 58J or who obstructs or impedes an authorised person in the exercise of any of his powers under subsection (3) of that section,
(b) contravenes a condition of registration under section 58D, or
(c) contravenes the requirements of this Part or of any regulations made thereunder,
shall be guilty of an offence and shall be liable on summary conviction to a Class A fine.
(2) Where a person is convicted of an offence under this Part the court may, either in addition to or in substitution for the imposition of a fine, by order declare that the person shall be prohibited for such period as may be specified in the order from carrying on an early years service.
(3) A person who contravenes an order made under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a Class A fine or to imprisonment for a term not exceeding 12 months or both.]
Annotations
Amendments:
F346
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
F347[
Exemptions from provisions of this Part
58L.—For the avoidance of doubt it is hereby declared that the provisions of this Part shall not apply to—
(a) the care of one or more children undertaken by a relative of the child or children or the spouse of such relative,
(b) a person taking care of one or more children of the same family and no other such children (other than that person’s own such children) in that person’s home,
F348[(c) a person taking care of not more than 6 children, of which not more than 3 are pre-school children, of different families (other than that person’s own such children) at the same time in that person’s home, except where that person has been continuously registered as an early years service for a period of one year, wishes to remain on the register, and continues to satisfy such conditions as may be prescribed.]]
Annotations
Amendments:
F347
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F348
Substituted (17.02.2019) by Childcare Act 2018 (11/2018), s. 22(b), S.I. No. 574 of 2018.
S.I. No. 604/2006 –
Child Care (Pre-School Services) (No2) Regulations 2006
Statutory Instrument
S.I. No. 604 of 2006
Child Care (Pre-School Services) (No2) Regulations 2006
S.I. No 604 of 2006
Child Care (Pre-School Services) (No 2) Regulations, 2006
Arrangement of sections
Part I
Regulation
1
Citation
2
Revocation
3
Commencement
4
Interpretation
Part II
5
Health, welfare and development of the child
6
First aid
7
Medical assistance
8
Management and staffing
9
Behaviour management
Part III
10
Notice to be given by person proposing to carry on pre-school service
11
Notification of change in circumstances
12
Number of pre-school children who may be catered for
Part IV
13
Register of pre-school children
14
Records
15
Information for parents
16
Fire safety measures
17
Copy of Act and Regulations
Part V
18
Premises and facilities
19
Heating
20
Ventilation
21
Lighting
22
Sanitary accommodation
23
Drainage and sewage disposal
24
Waste storage and disposal
25
Equipment and materials
26
Food and drink
27
Safety measures
28
Facilities for rest and play
Part VI
29
Furnishing of information to the Health Service Executive
30
Insurance
31
Annual fees
32
Inspection
33
Enforcement and execution
S.I. No. 604 of 2006
CHILD CARE (PRE-SCHOOL SERVICES) (No 2) REGULATIONS 2006
I, BRIAN LENIHAN, Minister of State at the Department of Health and Children, in the exercise of the powers conferred on me by Sections 50 and 68 of the Child Care Act 1991 , (No. 17 of 1991) as adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ) and the Health and Children (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 842 of 2004 ) and after consultation with the Minister for Education and Science and the Minister for the Environment, Heritage and Local Government hereby make the following Regulations:-
PART 1
CITATION
1. These Regulations may be cited as the Child Care (Pre-School Services) (No 2) Regulations 2006.
COMMENCEMENT
2. (1) These Regulations (other than Regulation 3(2)) come into operation on 3 September 2007.
(2) Regulation 3(2) comes into operation on the 7 December 2007.
REVOCATION
3. (1) The Child Care (Pre-School Services) Regulations 1996 ( S.I. No. 398 of 1996 ) and the Child Care (Pre-School Services) (Amendment) Regulations 1997 ( S.I. No. 268 of 1997 ) are revoked.
(2) The Child Care (Pre-School Services) Regulations 2006 ( S.I. No. 505 of 2006 ) are revoked.
INTERPRETATION
4. In these Regulations –
“Act” means the Child Care Act 1991 ;
“authorised person” means a person appointed under Section 54 of the Act to be an authorised person for the purposes of Part VII of the Act;
“childminding service” means a pre-school service, which may include an overnight service, offered by a person who single-handedly takes care of pre-school children, including the childminder’s own children, in the childminder’s home for a total of more than 2 hours per day, except where the exemptions provided in Section 58 of the Child Care Act 1991 apply;
“childminder” is a person who provides a childminding service as defined in these Regulations;
“Full day care service” means a pre-school service offering a structured day care service for pre-school children for more than 5 hours per day; and which may include a sessional pre-school service for pre-school children not attending the full day care service;
“Health Service Executive” means the Health Service Executive established by Section 6 of the Health Act 2004 ( S.I. no. 42 of 2004 );
“overnight pre-school service” means a service in which pre-school children are taken care of for a total of more than 2 hours between the hours of 7pm and 6am except where the exemptions provided in Section 58 of the Child Care Act 1991 apply;
“part-time day care service” means a pre-school service offering a structured day care service for pre-school children for a total of more than 3.5 hours and less than 5 hours per day; and which may include a sessional pre-school service for pre-school children not attending the part-time day care service;
“premises” means a premises, building or part of a building, and any out-offices, yard, garden or land appurtenant thereto or usually enjoyed therewith in which a pre-school service is being or is proposed to be carried on;
“pre-school service in a drop-in centre” means a pre-school service offering day care which is used exclusively on an intermittent basis;
“pre-school service in a temporary drop-in centre” means a pre-school service offering day care exclusively on a temporary basis;
“record” means any record kept or retained in pursuance of these Regulations including any book, card, form, tape, film, note or any record in permanent form including a record that is not in a legible form but which is capable of being reproduced in a legible form;
“sessional pre-school service” means a pre-school service offering a planned programme to pre-school children for a total of not more than 3.5 hours per session.
PART II
HEALTH, WELFARE AND DEVELOPMENT OF THE CHILD
5. A person carrying on a pre-school service shall ensure that each child’s learning, development and well-being is facilitated within the daily life of the service through the provision of the appropriate opportunities, experiences, activities, interaction, materials and equipment, having regard to the age and stage of development of the child and the child’s cultural context.
FIRST AID
6. There shall be a suitably equipped first-aid box for children in the premises.
MEDICAL ASSISTANCE
7. A person carrying on a pre-school service shall ensure that –
(a) adequate arrangements are in place to summon medical assistance promptly in an emergency, and
(b) a protocol is in place for the administration of medication.
MANAGEMENT AND STAFFING
8. (1) A person carrying on a pre-school service shall ensure that –
(a) a sufficient number of suitable and competent adults are working directly with the pre-school children in the pre-school service at all times,
(b) the service has a designated person in charge and a named person who is able to deputise as required, and
(c) at all times during the period when the pre-school service is being carried on, the designated person in charge or the named person referred to in paragraph 1(b) is on the premises.
(2) A person carrying on a pre-school service shall ensure appropriate vetting of all staff, students and volunteers who have access to a child –
(a) by reference to past employer references in particular the most recent employer reference, in respect of all staff, and
(b) by reference to references from reputable sources, in respect of all students and volunteers, and
(c) by acquiring Garda vetting from An Garda Síochána when An Garda Síochána have set down procedures to make such vetting available, and
(d) in circumstances where Garda vetting is not available for staff, students and volunteers who have lived outside the jurisdiction, by ensuring that these persons provide the necessary police vetting from other police authorities.
(3) Such vetting procedures shall be carried out prior to any person being appointed or assigned or being allowed access to a child in the pre-school service.
BEHAVIOUR MANAGEMENT
9.(1) A person carrying on a pre-school service shall ensure that no corporal punishment is inflicted on a pre-school child attending the service.
(2) A person carrying on a pre-school service shall ensure that no practices that are disrespectful, degrading, exploitive, intimidating, emotionally or physically harmful or neglectful are carried out in respect of any child.
(3) A person carrying on a pre-school service shall ensure that written policies and procedures are in place to deal with and to manage a child’s challenging behaviour and to assist the child to manage his or her behaviour as appropriate to the age and stage of development of the child.
PART III
NOTICE TO BE GIVEN BY PERSON PROPOSING TO CARRYING ON A PRE-SCHOOL SERVICE
10.(1) Where a person proposes to carry on a pre-school service that person shall, at least 28 days before the commencement of the service, give notice in writing to the Health Service Executive.
(2) Notwithstanding paragraph (1) herein, where a person proposes to carry on a pre-school service in a temporary drop-in centre, that person shall, at least 14 days before the commencement of the service, give notice in writing to the Health Service Executive.
(3) A notice under paragraph (1) or (2) of this Regulation shall be in the form set out in the Schedule to these Regulations or in a form to the like effect which shall contain all the particulars specified in that form.
NOTIFICATION OF CHANGE IN CIRCUMSTANCES
11.(1) A person carrying on a pre-school service shall, within 28 days, notify in writing the Health Service Executive of any change in the particulars contained in the notice given by that person in the Schedule to these Regulations or in a form to the like effect.
(2) A person who ceases to carry on a pre-school service shall, within 14 days of the cessation of the service, give notice in writing to the Health Service Executive.
NUMBER OF PRE-SCHOOL CHILDREN WHO MAY BE CATERED FOR
12.(1) After inspection of a premises, the Health Service Executive may make a proposal to fix the maximum number of pre-school children who may be catered for at the same time in a premises in which a pre-school service is being carried on. The Health Service Executive shall, when making such a proposal, have regard to the age range of the pre-school children, the adult/child ratios, the group size and the space per child. The Executive shall notify in writing the person carrying on the service of its proposal and of the reasons for it and the notification shall include a statement that the person concerned may make representations to the Executive within 21 days of the receipt by that person of the notification.
(2) A person carrying on a pre-school service who has been notified of a proposal under paragraph (1) of this Regulation may, within 21 days of the receipt of the notification, make representations in writing to the Chief Executive Officer of the Health Service Executive and the Chief Executive Officer or his designated officer shall –
(i) before deciding the matter, take into consideration any representations duly made to it under this paragraph in relation to the proposal, and
(ii) notify the person in writing of the decision and of the reasons for it.
(3) The person carrying on the pre-school service shall comply with the decision referred to at paragraph (2) herein.
(4) Without prejudice to the obligation to comply set out in paragraph (3) such person may apply in writing to the Chief Executive Officer of the Health Service Executive at any time after the decision in paragraph (2) is made, seeking amendment of the decision on the grounds that the circumstances which led to the decision have changed .
(5) Upon receipt of such application, the Chief Executive Officer or his designated officer shall consider the representations made and decide on whether the maximum number fixed be amended.
(6) The decision referred to in paragraph (5) and the reasons for it shall be notified to the person carrying on the pre-school service who shall comply with such decision.
PART IV
REGISTER OF PRE-SCHOOL CHILDREN
13.(1) Subject to paragraph (3) of this Regulation a person carrying on a pre-school service shall keep a register and shall enter in the register the following particulars in respect of each pre-school child attending the service –
(a) the name and date of birth of the pre-school child,
(b) the date on which the pre-school child first attended the service,
(c) the date on which the pre-school child ceased to attend the service,
(d) the name and address of a parent or guardian of the pre-school child and, a telephone number where that parent or guardian or a relative or friend of such child can be contacted during the hours of operation,
(e) authorisation for the collection of the pre-school child,
(f) details of any illness, disability, allergy or special need of a pre-school child, together with all the notes relevant to the provision of special care or attention,
(g) the name and telephone number of the pre-school child’s general practitioner,
(h) record of immunisations, if any, received by the pre-school child, and
(i) written parental consent for appropriate medical treatment in the event of an emergency.
(2) The register shall be open to inspection on the premises by:-
(a) a parent or guardian of the pre-school child attending the service but only in respect of information entered in the register concerning that child,
(b) a person working in the pre-school service who is authorised in that behalf by the person carrying on the service, and
(c) an authorised person.
(3) A person carrying on a pre-school service in a drop-in centre or in a temporary drop-in centre shall enter in the register the particulars referred to in paragraph (1) of this Regulation, except for subparagraphs (b), (c), (g), (h) and (i).
RECORDS
14. (1) A person carrying on a pre-school service shall keep a record in writing of the following information in relation to the service –
(a) the name, position, qualifications and experience of the person in charge and of every other person, including volunteers and students working in the service,
(b) all information generated under Regulation 8 (2),
(c) details of the maximum number of pre-school children catered for at any one time,
(d) details of the type of service and age range group,
(e) details of the staff/child ratios in the service,
(f) the type of care or programme provided in the service,
(g) the facilities available,
(h) the opening hours and fees,
(i) policies and procedures of the service,
(j) details of attendance by a pre-school child on a daily basis,
(k) details of staff rosters on a daily basis,
(l) details of any medicine administered to a pre-school child attending the service with signed parental consent, and
(m) details of any accident, injury or incident involving a pre-school child attending the service.
(2) The record referred to in paragraph (1) and the documentation and records referred to in paragraph (5) of this Regulation shall be open to inspection on the premises by an authorised person.
(3) Save for the information maintained in the record under Regulation 14(1)(b) the record referred to in paragraph (1) of this Regulation shall be open to inspection on the premises by a parent or guardian of a pre-school child attending the service but only in respect of information entered in the register concerning that child.
(4) For the purposes of operating the pre school service, the record referred to in paragraph (1), other than the information maintained under Regulation 14(1)(b), shall be open to inspection on the premises by a person working in the service who is authorised in that behalf by the person carrying on the service.
(5) A person carrying on a pre-school service shall maintain all documents and records relating to references and Garda and police vetting obtained under Regulation 8(2).
INFORMATION FOR PARENTS
15. A person carrying on a pre-school service shall provide a parent or guardian of a pre-school child proposing to attend the service with the information referred to in Regulation (14) (1) (a), (c), (d), (e), (f), (g), (h) and (i) of these Regulations.
FIRE SAFETY MEASURES
16. (1) A person carrying on a pre-school service shall keep a record in writing of –
(a) all fire drills which take place in the premises, and
(b) the number, type and maintenance record of fire fighting equipment and smoke alarms in the premises.
(2) The record referred to in paragraph (1) of this Regulation shall be open to inspection by –
(a) a parent or guardian of a pre-school child attending or proposing to attend the service,
(b) every person working in the service, and
(c) an authorised person.
(3) A notice of the procedures to be followed in the event of fire shall be displayed in a conspicuous position in the premises.
COPY OF ACT AND REGULATIONS
17. A person carrying on a pre-school service shall keep a copy of Part VII of the Child Care Act 1991 and of these Regulations on the premises and the said copies shall be made available on demand for inspection by –
(a) a parent or guardian of a pre-school child attending or proposing to attend the service,
(b) every person working in the service, and
(c) an authorised person.
PART V
PREMISES AND FACILITIES
18. A person carrying on a pre-school service shall ensure that –
(a) the premises are of sound and stable structure, are safe and secure and are suitable for the purposes of providing a pre-school service,
(b) adequate space per child is provided in the premises,
(c) the premises, fixtures and fittings are kept in a proper state of repair and in a clean and hygienic condition and protected from infestation,
(d) suitable and secure storage facilities are provided for cleaning chemicals and unsafe, toxic, dangerous or hazardous materials, substances or equipment,
(e) adequate and suitable storage is provided for prams, pushchairs, carrycots, play and work equipment and personal belongings, and
(f) the premises are adequately rodent-proofed in a manner which does not compromise the safety of the pre-school children or constructed in such a manner as to prevent the ingress of pests.
HEATING
19. A person carrying on a pre-school shall ensure that –
(a) the premises are adequately heated throughout with suitable means of heating from the time of occupancy of the premises to the end of the occupancy, having regard to the needs of the pre-school children attending the service, and
(b) a heating system liable to emit into the premises offensive or harmful gases, fumes or odours is not permitted.
VENTILATION
20. A person carrying on a pre-school service shall ensure that suitable and adequate means of ventilation is provided in the premises.
LIGHTING
21. A person carrying on a pre-school service shall ensure that suitable and adequate lighting is provided in the premises.
SANITARY ACCOMMODATION
22. A person carrying on a pre-school service shall ensure that adequate and suitable sanitary facilities are provided within the building.
DRAINAGE AND SEWAGE DISPOSAL
23. A person carrying on a pre-school service shall ensure that suitable and effective means of drainage and sewage disposal are provided to the premises.
WASTE STORAGE AND DISPOSAL
24. A person carrying on a pre-school service shall ensure that all waste and other refuse is stored hygienically and disposed of frequently and in such a manner as not to cause a nuisance.
EQUIPMENT AND MATERIALS
25. A person carrying on a pre-school service shall ensure that –
(a) there is sufficient furniture, play and work equipment and materials and that such furniture, equipment and materials are suitable, non-toxic, in a proper state of repair and are maintained in a clean and hygienic condition, and
(b) there is an appropriate supply of clean bedding, towels and spare clothes for the pre-school children.
FOOD AND DRINK
26. (1) A person carrying on a pre-school service shall ensure that suitable, sufficient, nutritious and varied food is available for a pre-school child attending the service.
(2) Where food is consumed on the premises by a pre-school child, the person carrying on the pre-school service shall ensure that –
(a) adequate and suitable facilities are provided for the storage, preparation, cooking and serving of food, and
(b) adequate and suitable eating utensils, hand washing, wash-up and sterilising facilities are provided.
(3) This Regulation is without prejudice to
(a) the provisions of the Health Act 1947 and regulations made pursuant to that Act,
(b) the provisions of the Food Safety Authority of Ireland Act 1998 and
(c) any secondary legislation made pursuant to the European Communities Act 1972 relating to food safety.
SAFETY MEASURES
27. A person carrying on a pre-school service shall take all reasonable measures to safeguard the health, safety and welfare of a pre-school child attending the service and in particular shall ensure that –
(a) all heat emitting surfaces are protected by a fixed guard or are thermostatically controlled to ensure safe surface temperatures,
(b) hot water provided for use by a pre-school child is thermostatically controlled to ensure a safe temperature,
(c) any garden or external play area is so fenced and doors and gates are so secured as to prevent a pre-school child gaining unsupervised access to a roadway or other source of danger and to prevent unauthorised access to the garden or external play area,
(d) ponds, pits and other hazards in any garden or external play area are so fenced as to ensure the safety of a pre-school child attending the service,
(e) steps are taken to prevent the spread of infection, and
(f) operational procedures for the safe conduct of outings are in place and a pre-school child is safely escorted on any outing.
FACILITIES FOR REST AND PLAY
28. A person carrying on a pre-school service shall ensure that –
(a) adequate and suitable facilities for a pre-school child to rest during the day and night (if an overnight pre-school service is provided) are provided, and
(b) adequate and suitable facilities for a pre-school child to play indoors and outdoors during the day are provided, having regard to the number of pre-school children attending the service, their age and the amount of time they spend in the premises.
PART VI
FURNISHING OF INFORMATION TO THE HEALTH SERVICE EXECUTIVE
29. A person carrying on a pre-school service shall furnish the Health Service Executive with such information as the Executive may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form (if any) as may be specified by the Executive.
INSURANCE
30. A person carrying on a pre-school service shall ensure that the pre-school children attending the service are adequately insured against injury while attending the service.
ANNUAL FEES
31.(1) Subject to sub-article 4 of this article, a person carrying on a pre-school service shall pay to the Health Service Executive an annual fee towards the cost of inspections under Part VII of the Act and the amount of such fee shall be:
(a) where the service provided does not exceed 3.5 hours in the day – €40.00
(b) childminding service – €40.00
(c) in all other cases – € 80.00
(2) The Health Service Executive shall, as near as may be to the first anniversary of the notification referred to in Regulation 10 of these Regulations, and annually thereafter, notify the person carrying on a pre-school service of the annual fee to be paid to it by that person.
(3) The person carrying on a pre-school service shall, within 28 days of the receipt by him or her of a notification under paragraph (2) of this Regulation pay the Health Service Executive the fee specified in the notification.
(4) The Health Service Executive may exempt from a fee a person carrying on a pre-school service in which no pre-school child is maintained for profit.
INSPECTION
32.(1) The Health Service Executive shall, following an inspection by an authorised person, furnish a report in writing to the person carrying on the pre-school service of the outcome of the inspection.
(2) Subject to paragraph (1) of this Regulation the Health Service Executive shall take such steps as are necessary to enforce these Regulations in relation to the pre-school service concerned.
ENFORCEMENT AND EXECUTION
33. These Regulations shall be enforced and executed by the Health Service Executive.
SCHEDULE
Notification to the Health Service Executive by a person proposing to carry on a pre-school service.
I …………………… of ……………………, aged over eighteen years, hereby give notice to the Health Service Executive that it is my intention to carry on a pre-school service situated at: –
Address of pre-school
_______________________________________
________________________________________
________________________________________
Telephone No.
____________
Mobile No.
____________
Fax No.
____________
E-mail address
____________
Type of facility – Please tick as appropriate
Childminding service
______
Full day care service
______
Overnight pre-school service
______
Part-time day care service
______
Pre-school service in a drop-in centre
______
Pre-school service in a temporary drop-in centre
______
Sessional pre-school service
______
Have you previously contacted the Health Service Executive to avail of their pre-school advisory service? __________
If yes, date of contact _________________
If the pre-school service is carried on by an individual, please complete Section 1. If the pre-school service is carried on by an organisation such as a voluntary group, company or other body, please complete Section 2.
Section 1
Personal Details
1. If an individual is carrying on the pre-school service please complete (a), (b), (c) and (d) where appropriate.
(a) Please state full name, previous name(s), date of birth, home address, home telephone number, mobile number, fax number and email address of the individual carrying on the pre-school service.
Name
______________________________
Previous Name(s)
______________________________
Date of Birth
______________________________
Home Address
______________________________
______________________________
______________________________
______________________________
______________________________
Home Telephone No.
_________________________
Mobile No.
______________________________
Fax No.
______________________________
E-mail address
______________________________
(b) Please state the full name, previous name(s), home address, home telephone number, mobile number, fax number and email address of the adult in charge of operating the pre-school service.
Name
______________________________
Previous Name(s)
______________________________
Date of Birth
______________________________
Home Address
_________________________
______________________________
______________________________
______________________________
______________________________
Home Telephone No.✱
______________________________
Mobile No.✱
______________________________
Fax No.✱
______________________________
E-mail address✱
______________________________
✱ only if different from the above
(c) Information to be given about the individual carrying on the pre-school service.
(i) Relevant qualification(s) (title and date of qualification(s), name of organisation granting qualification(s)/awarding body(ies)).
Qualification(s)
_________________________
_________________________
_________________________
Name of Organisation(s) /awarding body(ies)
_________________________
_________________________
_________________________
Address of Registered Office of Organisation(s) or awarding body(ies)
_________________________
_________________________
_________________________
_________________________
(ii) Relevant experience including previous voluntary or paid work with children.
Insert details here (use additional sheet if necessary)
_____________________________
_____________________________
_____________________________
_____________________________
(d) Information to be given about the adult in charge of operating the pre-school service.
(i) Relevant qualification(s) (title and date of qualification(s), name of organisation granting qualification(s)/awarding body(ies)).
Qualification(s)
_______________________
_______________________
_______________________
Name of Organisation(s) /awarding body(ies)
_______________________
_______________________
_______________________
Address of Registered Office of Organisation(s) or awarding body(ies)
_______________________
_______________________
_______________________
_______________________
(iii) Relevant experience including previous voluntary or paid work with children.
Insert details here (use additional sheet if necessary)
_____________________________
_____________________________
_____________________________
_____________________________
Section 2
2. If the pre-school service is carried on by an organisation such as a voluntary group, company or other body:
(a) Please state the name and address, telephone number, mobile number, fax number and email address of the organisation and the full name of the person acting on behalf of the organisation his\her position and home address, home telephone number, mobile number, fax number and email address.
Name of Organisation
______________________
Address of Organisation
______________________
______________________
______________________
______________________
Telephone No.
_________________________
Mobile No.
_________________________
Fax No.
_________________________
E-mail address
_________________________
Name of person acting on behalf of Organisation
_________________________
Position in Organisation
_______________________
Address (if different from above)
____________________
____________________
____________________
____________________
____________________
Home Telephone No.
____________________
Mobile No.✱
____________________
Fax No.✱
____________________
E-mail address✱
____________________
✱ only if different from above
(b) Please state the full name, previous name(s), home address and home telephone number, mobile number, fax number and email address of the adult in charge of operating the pre-school service.
Name
_________________________
Previous Name(s)
_________________________
Date of Birth
_________________________
Home Address
_________________________
_________________________
_________________________
_________________________
Home Telephone No
_________________________
Mobile No.
_________________________
Fax No.
_________________________
E-mail address
_________________________
(c) In the case of a registered company, the name and address of the registered office, the name of the Company Secretary and the company registration number must also be given
Name of Company
_________________________
Address of Registered Office
_________________________
_________________________
_________________________
_________________________
Company Secretary Name
____________________________
Company Registration No. (if applicable)
__________________
(d) Information to be given about the adult in charge of operating the pre-school service.
(i) Relevant qualification(s) (title and date of qualification(s), name of organisation granting qualification(s)/awarding body(ies)).
Qualification(s)
________________________
________________________
________________________
Name of Organisation/awarding body(ies)
________________________
________________________
________________________
Address of Registered Office of Organisation or awarding body(ies)
________________________
________________________
________________________
________________________
(ii) Relevant experience including previous voluntary or paid work with children.
Insert details here (use additional sheet if necessary
_________________________
_________________________
_________________________
_________________________
3. Description of facilities – whether premises is domestic or otherwise.
Domestic dwelling
Other than domestic dwelling
(a)
Childminding service
______
______
Full day care service
______
______
Overnight pre-school service
______
______
Part-time day care service
______
______
Pre-school service in a drop-in centre
______
______
Pre-school service in a temporary drop-in centre
______
______
Sessional pre-school service
______
______
(b)
State the number of children catered for in the premises
_____
Age range of children to be catered for
_____
(c)
Number of staff employed
_____
(i) Adult childcare staff (working directly with children )
_____
(ii) Student childcare staff
_____
(iii) Ancillary staff (staff not working directly with children )
_____
(d)
Hours of opening
from
to
(i) _____
_____
(ii) _____
_____
(iii) _____
_____
(e)
No. of weeks open
____________________
(f)
No. of weeks closed
(if appropriate)
____________________
(g)
Dates closed
(if appropriate)
from
to
(i)
________
________
(ii)
________
________
(h)
Duration of service and nature of event
(in the case of a pre- school service in a temporary drop-in centre)
___________________
___________________
___________________
___________________
___________________
4. Declaration
I declare that all the information set out in this notice is correct.
Signed
_____________________
Date
_____________________
GIVEN under my hand
6 December 2006
__________________________
Brian Lenihan
Minister of State at the Department of Health and Children
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations set out the various requirements to be complied with by persons carrying on pre-school services for the purposes of securing the health, safety and welfare and promoting the development of pre-school children.
The Child Care (Pre-School Services) Regulations 1996( S.I. No. 398 of 1996 ) and the Child Care (Pre-School Services) Regulations 1997( S.I. No. 268 of 1997 ) are revoked on commencement of these Regulations and the Child Care (Pre-School Services) Regulations 2006 ( S.I. No. 505 of 2006 ) are revoked immediately.
S.I. No. 643/2006 –
Child Care (Pre-School Services) (No 2) (Amendment) Regulations 2006
Statutory Instrument
S. I. No. 643 of 2006
Child Care (Pre-School Services) (No2) (Amendment) Regulations 2006
S.I. No. 643 of 2006
CHILD CARE (PRE-SCHOOL SERVICES) (No 2) (AMENDMENT) REGULATIONS 2006
I, BRIAN LENIHAN, Minister of State at the Department of Health and Children, in the exercise of the powers conferred on me by Sections 50 and 68 of the Child Care Act 1991 , (No. 17 of 1991) as adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ) and the Health and Children (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 842 of 2004 ) and after consultation with the Minister for Education and Science and the Minister for the Environment, Heritage and Local Government hereby make the following Regulations:-
CITATION
1. These Regulations may be cited as the Child Care (Pre-School Services) (No 2) (Amendment) Regulations 2006.
COMMENCEMENT
2. The following paragraph is substituted for Paragraph 2(2) of the Child Care (Pre-School Services) (No 2) Regulations 2006 ( S.I. No 604 of 2006 ).
“(2) Regulation 3(2) comes into operation on 19 December 2006.”
GIVEN under my hand
18 December 2006
____________________________
Brian Lenihan
Minister of State at the Department of Health and Children
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
This Regulation amends the Child Care (Pre-School Services) (No 2) Regulations 2006 ( S.I. No. 604 of 2006 ) to revoke the Child Care (Pre-School Services) Regulations 2006 ( S.I. No. 505 of 2006 ) with effect from 19 December 2006.
S.I. No. 221/2016 –
Child Care Act 1991 (Early Years Services) Regulations 2016.
ARRANGEMENT OF REGULATIONS
Part I
Preliminary and General
Regulation
1. Title and commencement
2. Interpretation
3. Revocation
4. Prescribed early years service
5. Fees
Part II
Registration and Register
6. Registration of pre-school service
7. Register
8. Notification of change in circumstances
Part III
Management and Staff
9. Management and recruitment
10. Policies, procedures etc. of pre-school service
11. Staffing levels
12. Childminders
13. Temporary pre-school services and pre-school services in drop-in centres
14. Review of pre-school service
Part IV
Information and Records
15. Record of pre-school child
16. Record in relation to pre-school service
17. Information for parents
18. Copy of Act etc.
Part V
Care of Child in Pre-School Service
19. Health, welfare and development of child
20. Facilities for rest and play
21. Equipment and materials
22. Food and drink
Part VI
Safety
23. Safeguarding health, safety and welfare of child
24. Checking in and out and record of attendance
25. First aid
26. Fire safety measures
27. Supervision
28. Insurance
Part VII
Premises and Space Requirements
29. Premises
30. Minimum space requirements
Part VIII
Notifications and Complaints
31. Notification of incidents
32. Complaints
Part IX
Inspection and Enforcement
33. Furnishing of information to Agency
34. Inspection
35. Enforcement and execution
SCHEDULE 1
Application Fees
SCHEDULE 2
Application Form for Registration of Pre-School Service
SCHEDULE 3
Application Form for Registration of Temporary Pre-School Service
SCHEDULE 4
Form for Notification of Change in Circumstances
SCHEDULE 5
Policies, Procedures and Statements
SCHEDULE 6
Adult: Child Ratios
SCHEDULE 7
Minimum Space Requirements
S.I. No. 221 of 2016
CHILD CARE ACT 1991 (EARLY YEARS SERVICES) REGULATIONS 2016
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th May, 2016.
The Minister for Children and Youth Affairs, in the exercise of the powers conferred on him by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) of the Child Care Act 1991 (No.17 of 1991), after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government, hereby makes the following Regulations:
PART I
Preliminary and General
Title and commencement
1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) Regulations 2016.
(2) These Regulations shall come into operation on 30 June 2016.
Interpretation
2. (1) In these Regulations—
“Act” means the Child Care Act 1991 (No. 17 of 1991);
“Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47 of 2012);
“childminder” means a person who provides a childminding service;
“childminding service” means a pre-school service, which may include an overnight pre-school service, offered by a person who single-handedly takes care of pre-school children, which may include the person’s own children, in the person’s home for a total of more than 2 hours per day, except where the exemptions provided in section 58L of the Act apply;
“clear floor space”, in relation to a pre-school service, means floor space that is available in the service for children’s work, play and movement after taking into account each of the following:
(a) storage space;
(b) furniture, other than furniture that is used directly in relation to the care of children attending the service;
(c) permanent fixtures;
(d) areas ancillary to the provision of the pre-school service, including kitchens, toilets, areas designated solely for use for sleeping by the children attending the service or areas designated solely for use for administrative purposes;
“complaints policy”, in relation to a pre-school service, means a policy specifying the procedures for making and dealing with complaints in relation to any aspect of the service;
“contractor”, in relation to a pre-school service, means a person who carries out work in the service under a contract for services, a necessary and regular part of which consists mainly of the person having access to, or contact with, children attending the service;
“director”, in relation to a registered provider that is a body corporate, means a director within the meaning of the Companies Act 2014 (No. 38 of 2014) and, in the case of a board of management established under section 14 of the Education Act 1998 (No. 51 of 1998), means each member of such a board;
“employee”, in relation to a pre-school service, means a person who has entered into or works under a contract of employment with the registered provider;
“full day care service” means a pre-school service offering a structured day care service for pre-school children for more than 5 hours per day and which may include a sessional pre-school service for pre-school children not attending the full day care service;
“overnight pre-school service” means a pre-school service in which pre-school children are taken care of for a total of more than 2 hours between the hours of 7pm and 6am except where the exemptions provided in section 58L of the Act apply;
“part-time day care service” means a pre-school service offering a structured day care service for pre-school children for a total of more than 3.5 hours and less than 5 hours per day and which may include a sessional pre-school service for pre-school children not attending the part-time day care service;
“person in charge”, in relation to a pre-school service, means the person who has day-to-day charge of the service and includes a registered provider who has such charge of the service;
“policy on the use of the internet and photographic and recording devices”, in relation to a pre-school service, means a policy specifying—
(a) when, and in what circumstances and for what purpose, pre-school children are permitted access to the internet while attending the service,
(b) when, and in what circumstances and for what purpose, the use of photographic or recording devices is permitted in the service,
(c) by whom, and in what circumstances, the viewing of, the listening to or the retention of a photograph or recording of a pre-school child while attending the service is permitted, and
(d) the form of the consent required to be given by a parent or guardian of a pre-school child before the child may be permitted access to the internet or be photographed or recorded in accordance with paragraphs (a) and (b);
“premises”, in relation to a pre-school service, includes a building or part of a building, and any out-offices, yard, garden or land appurtenant thereto or usually enjoyed therewith in which the service is being or is proposed to be carried on;
“pre-school service in a drop-in centre” means a pre-school service offering day care to pre-school children which is used exclusively on an intermittent basis;
“record” means any record kept or retained in pursuance of these Regulations including any electronic record, book, card, form, tape, film, note or any record in permanent form including a record that is not in a legible form but which is capable of being reproduced in a legible form;
“register” means the register established and maintained in accordance with section 58C of the Act;
“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 ;
“registered provider”, in relation to a pre-school service, means the person whose name is entered in the register in accordance with section 58C of the Act as providing that pre-school service;
“sessional pre-school service” means a pre-school service offering a planned programme to pre-school children for a total of not more than 3.5 hours per session;
“temporary pre-school service” means a pre-school service offering day care to children exclusively on a temporary basis;
“unpaid worker”, in relation to a pre-school service, means a person who works in the service but who is not remunerated for such work by the registered provider.
(2) Notwithstanding the definition of “employee” in paragraph (1)—
(a) the reference to “employee” in Regulation 9(1)(c) shall be construed as including a reference to the registered provider where he or she works in the service, and
(b) the references to “employee” in Regulations 9(4) and 24(1), (2) and (3) shall be construed as including references to the registered provider.
Revocation
3. The Child Care (Pre-School Services) (No. 2) Regulations 2006 ( S.I. No. 604 of 2006 ) are revoked.
Prescribed early years service
4. A pre-school service shall be a prescribed early years service for the purposes of Part VIIA of the Act.
Fees
5. (1) Subject to this Regulation, the fee specified in column (3) of Schedule 1 opposite a particular reference number specified in column (1) of that Schedule is prescribed for the purposes of section 58D(3) as the fee to accompany an application under section 58D(2) (the “application fee”) in respect of a class of pre-school service specified in column (2) thereof at that reference number.
(2) Subject to paragraph (3), where a registered provider provides more than one class of pre-school service in a pre-school service, the application fee payable by the registered provider shall be the highest fee applicable to the classes of pre-school service provided in that service.
(3) Where a childminding service includes an overnight service the application fee payable by the childminder shall be the fee applicable to a childminding service.
(4) An amount equal to the application fee payable in respect of a pre-school service other than a temporary pre-school service is prescribed, subject to paragraph (5), for the purposes of section 58B(2)(d) as the fee payable annually by the pre-school service towards the cost of inspections under Part VIIA (the “annual fee”).
(5) No annual fee shall be payable by a registered provider in the year in which the registered provider makes an application for registration in respect of the pre-school service.
(6) The Agency shall, on an annual basis, notify the registered provider of the annual fee to be paid to it by that provider in respect of the pre-school service and such fee shall be payable on or before 30 September of the year concerned.
PART II
Registration and Register
Registration of pre-school service
6. (1) The form set out in Schedule 2 is prescribed for the purposes of section 58D(3) for pre-school services other than temporary pre-school services.
(2) The form set out in Schedule 3 is prescribed for the purposes of section 58D(3) for temporary pre-school services.
(3) A person who proposes to provide a pre-school service other than a temporary pre-school service shall make an application under section 58D(2) in respect of the pre-school service at least 3 months before the person proposes to commence the service.
(4) A person who proposes to provide a temporary pre-school service shall make an application under section 58D(2) in respect of the pre-school service at least 21 days before the person proposes to commence the service.
(5) A person making an application under section 58D(2) shall enclose with the form set out in Schedule 2 or 3—
(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—
(i) the person,
(ii) where the person is a body corporate, each director of the body, and
(iii) where the person in charge is different to the registered provider, the person in charge,
(b) in so far as is practicable, where a person specified in clause (i), (ii) or (iii) of paragraph (a) has lived in a state other than the State for a period of longer than 6 consecutive months, vetting information in respect of the person obtained from the police authorities in that state,
(c) 2references in writing in respect of himself or herself that demonstrate that he or she is a suitable person to provide a pre-school service, including one from his or her most recent employer, if any, or where the person is a body corporate, two such references in respect of each director of the body,
(d) a floor plan of the interior design of the premises—
(i) setting out each room on the premises, and
(ii) specifying the dimensions of each room intended for inclusion in the calculation of clear floor space under Regulation 30 and the amount of clear floor space in each such room,
(e) a floor plan of the external areas, if any, of the premises available for the use of children attending the service,
(f) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the pre-school service, and
(g) a copy of—
(i) the policies, procedures and statements specified in subparagraphs (a) to (f) of paragraph 1 of Schedule 5, and
(ii) the safety statement (within the meaning of the Safety, Health and Welfare at Work Act 2005 ) of the service (if any).
(6) Where an application is made pursuant to section 58D by the registered provider of a pre-school service or by a person who proposes to provide a pre-school service, the Agency, prior to deciding whether to register the provider concerned pursuant to subsection (5) of that section—
(a) shall assess the information provided by the person applying, and
(b) may visit the premises where the pre-school service is being, or is proposed to be, provided, as the case may be.
Register
7. (1) The register shall be available for inspection by members of the public by means of the internet.
(2) The following details, in addition to those specified in section 58C(2), are prescribed for the purposes of that section as to be contained in the register:
(a) the name, if any, of the pre-school service;
(b) the name of the person in charge of the pre-school service (if different to the registered provider);
(c) the date from which the registration of the pre-school service takes effect (if different from the date of registration);
(d) in the case of an application in respect of a temporary pre-school service, the dates on which the service is to be provided;
(e) whether the pre-school service offers one or more of the following classes of service:
(i) childminding service;
(ii) full day care service;
(iii) overnight pre-school service;
(iv) part-time day care service;
(v) pre-school service in a drop-in centre;
(vi) temporary pre-school service;
(vii) sessional pre-school service;
(f) the age profile of children for which the service is registered to provide services;
(g) any condition attached to registration.
Notification of change in circumstances
8. (1) A registered provider of a pre-school service other than a temporary pre-school service shall, subject to paragraph (3), notify the Agency in writing of any proposed change in the details in relation to the pre-school service contained in the register pursuant to section 58C(2) of the Act or Regulation 7(2) at least 60 days before it is proposed that the change would take effect.
(2) A registered provider of a temporary pre-school service shall, subject to paragraph (3), notify the Agency in writing of any proposed change in the details in relation to the pre-school service contained in the register pursuant to section 58C(2) of the Act or Regulation 7(2) at least 7 days before it is proposed that the change would take effect.
(3) Where a registered provider has been unable for good and proper reason to notify the Agency within the time specified in paragraph (1) or (2), as the case may be, of a change in the details in relation to the pre-school service contained in the register pursuant to section 58C(2) of the Act or Regulation 7(2), the registered provider shall notify the Agency in writing of the change as soon as possible thereafter.
(4) The form set out in Schedule 4 is prescribed for the purposes of a notification under paragraph (1), (2) or (3).
(5) A registered provider of a pre-school service other than a temporary pre-school service who ceases to carry on the pre-school service shall, not later than 28 days after the cessation of the service, give notice in writing to the Agency of the cessation.
PART III
Management and Staff
Management and recruitment
9. (1) A registered provider shall ensure that—
(a) the service has a designated person in charge and a named person who is able to deputise as required,
(b) at all times during the period when the pre-school service is being carried on, the designated person in charge or the named person referred to in subparagraph (a) is on the premises, and
(c) there is a clear management structure in the service that identifies the lines of authority and accountability in the service and the specific roles and responsibilities of each employee and unpaid worker.
(2) A registered provider shall ensure that each employee, unpaid worker and contractor is suitable and competent taking into consideration the nature of the needs of children, including by—
(a) consideration of references from the person’s past employers, if any, and in particular the most recent employer, if any,
(b) consideration of references from reputable sources in the case of a person who has no past employers,
(c) consideration of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of the person, and
(d) ensuring, insofar as is practicable, that where a person has lived in a state other than the State for a period of longer than 6 consecutive months, he or she provides police vetting from the police authorities in that state.
(3) The procedures specified in paragraph (2) shall be carried out prior to any person being appointed, assigned or allowed access to or contact with a child attending the pre-school service.
(4) A registered provider shall ensure that, without prejudice to the generality of paragraph (2) and subject to paragraphs (5) and (6), each employee working directly with children attending the service holds at least a major award in Early Childhood Care and Education at Level 5 on the National Qualifications Framework or a qualification deemed by the Minister to be equivalent.
(5) Paragraph (4) shall apply—
(a) on or after 31 December 2016 in respect of pre-school services registered on or before 30 June 2016, and
(b) on or after the date of registration in respect of all other pre-school services.
(6) Paragraph (4) shall not apply before 1 September 2021 to a person who—
(a) has signed a declaration on or before 30 June 2016 to the effect that he or she intends to retire from employment in a pre-school service before 1 September 2021, and
(b) is in possession of a letter from the Minister confirming that paragraph (4) shall not apply to him or her before that date.
(7) A registered provider shall ensure that all employees, unpaid workers and contractors are appropriately supervised and provided with appropriate information, and where necessary training, including in relation to the following:
(a) the policies, procedures and statements of the service specified in Schedule 5;
(b) Part VIIA (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) of the Act, and
(c) these Regulations.
Policies, procedures etc. of pre-school service
10. A registered provider of a pre-school service shall ensure that the written policies, procedures and statements specified in Schedule 5 are in place for the service.
Staffing levels
11. (1) Subject to this Regulation, a registered provider shall ensure that there is at all times an adequate number of adults working directly with the children attending the pre-school service.
(2) Subject to paragraphs (4) and (5), a registered provider of a full day care service or a part-time day care service shall ensure that at all times the minimum ratio of adults to children specified in column (3) of Part 1 of Schedule 6 opposite a particular reference number specified in column (1) of that Part in respect of the age range of the children specified in column (2) thereof at that reference number is satisfied.
(3) Subject to paragraph (5), a registered provider of a sessional pre-school service shall ensure that at all times the minimum ratio of adults to children specified in column (3) of Part 2 of Schedule 6 opposite a particular reference number specified in column (1) of that Part in respect of the age range of the children specified in column (2) thereof at that reference number is satisfied.
(4) Subject to paragraph (5), where a registered provider contemporaneously provides—
(a) a sessional pre-school service, and
(b) a full day care service or a part-time day care service, or both,
the minimum ratio of adults to children applicable for the duration of the sessional pre-school service in respect of the children attending that service shall be the ratio specified in paragraph (3).
(5) Paragraphs (2) to (4) shall not apply before 1 September 2016 in respect of IMEB accredited services.
(6) A registered provider of a pre-school service in a drop-in centre or a temporary pre-school service shall ensure that at all times the minimum ratio of adults to children specified in column (3) of Part 3 of Schedule 6 opposite a particular reference number in column (1) of that Part in respect of the age range of the children specified in column (2) thereof at that reference number is satisfied.
(7) A registered provider of an overnight pre-school service shall ensure that at all times the minimum ratio of adults to children specified in column (3) of Part 4 of Schedule 6 opposite a particular reference number in column (1) in respect of the age range of the children specified in column (2) thereof at that reference number is satisfied.
(8) Without prejudice to paragraphs (2) to (7)—
(a) a registered provider of a pre-school service other than a child-minding service or a sessional pre-school service shall ensure that there are at least 2 adults on the premises at all times,
(b) a childminder shall ensure that a second person familiar with the operation of the service and in a position to provide assistance to the childminder in operating the service is, at all times, within close distance of the service and available to attend the service to assist the childminder in the event of an emergency, and
(c) a registered provider of a sessional pre-school service shall ensure that, where the person in charge operates the service single-handedly, a second person familiar with the operation of the service and in a position to provide assistance to the person in charge in operating the service is, at all times, within close distance of the service and available to attend the service to assist the person in charge in the event of an emergency.
(9) In assessing compliance with the adult:child ratios specified in Schedule 6, unpaid workers and, where applicable, the person referred to in Regulation 24(2), shall not be taken into account.
(10) In this Regulation—
“IMEB” means the Irish Montessori Education Board Trust Limited;
“IMEB accredited service” means a full day care service, a part-time day care service or a sessional pre-school service that is accredited by IMEB.
Childminders
12. (1) A childminder shall ensure that—
(a) there are no more than 5 pre-school children in his or her care at any given time, including his or her own pre-school children,
(b) subject to paragraph (2), there are no more than 2 children under the age of 15 months in his or her care at any given time, including his or her own pre-school children, and
(c) there is a working telephone on the premises.
(2) A childminder may have more than 2 children under the age of 15 months in his or her care at any given time where all such children are siblings of each other.
Temporary pre-school services and pre-school services in drop-in centres
13. (1) A registered provider of a temporary pre-school service or a pre-school service in a drop-in centre shall ensure there are no more than 24 children attending the service at any given time.
(2) A registered provider of a temporary pre-school service shall ensure that no child attends the service for longer than 8 hours consecutively.
(3) A registered provider of a pre-school service in a drop-in centre shall ensure that no child attends the service for longer than 2 hours consecutively.
Review of pre-school service
14. A registered provider of a pre-school service other than a temporary pre-school service shall ensure that—
(a) at regular intervals, being intervals of not more than one year, a review is carried out in respect of the quality and safety of care provided by the pre-school service to pre-school children attending the service, including a review of the policies, procedures and statements of the service, and
(b) a record of each such review is maintained for a period of 3 years after the review is carried out.
PART IV
Information and Records
Record of pre-school child
15. (1) A registered provider of a pre-school service other than a pre-school service in a drop-in centre or a temporary pre-school service shall ensure that a record in writing is kept in respect of each pre-school child attending the service containing the following particulars:
(a) the name and date of birth of the child;
(b) the date on which the child first attended the service;
(c) the date on which the child ceased to attend the service;
(d) the name and address of a parent or guardian of the child and a telephone number where that parent or guardian or a relative or friend of the child can be contacted during the hours of operation of the service;
(e) authorisation for the collection of the child;
(f) details of any illness, disability, allergy or special need of the child, together with all the information relevant to the provision of special care or attention;
(g) the name and telephone number of the child’s registered medical practitioner;
(h) record of immunisations, if any, received by the child;
(i) written parental consent for appropriate medical treatment of the child in the event of an emergency.
(2) A registered provider of a pre-school service in a drop-in centre or of a temporary pre-school service shall ensure that a record in writing is kept in respect of each pre-school child attending the service containing the particulars specified in subparagraphs (a), (d), (e) and (f) of paragraph (1).
(3) A record in writing referred to in paragraph (1) or (2) shall be open to inspection on the premises by—
(a) a parent or guardian of a pre-school child but only in respect of the record relating to that child,
(b) an employee who is authorised in that behalf by the registered provider, and
(c) an authorised person.
(4) A registered provider shall ensure that a record in writing referred to in paragraph (1) is retained for a period of 2 years from the date on which the child to whom it relates ceases to attend the service.
(5) A registered provider shall ensure that a record in writing referred to in paragraph (2) is retained for a period of 2 years from the date on which the child attends the service.
Record in relation to pre-school service
16. (1) A registered provider shall ensure that a record in writing is kept of the following information in relation to the service:
(a) the name, position, qualifications and experience of the person in charge and of every other employee, unpaid worker and contractor;
(b) details of the class of service and the age profile of children for which the service is registered to provide services;
(c) details of the adult:child ratios in the service;
(d) the type of care or programme provided in the service;
(e) the facilities available;
(f) the opening hours and fees;
(g) the policies, procedures and statements the service is required to maintain in accordance with Regulation 10;
(h) details of attendance by each pre-school child on a daily basis;
(i) details of staff rosters on a daily basis;
(j) details of any medication administered to a pre-school child attending the service with signed parental consent;
(k) details of any accident, injury or incident involving a pre-school child attending the service.
(2) A registered provider shall ensure that—
(a) all documents and records relating to references and Garda and police vetting obtained under Regulation 9(2) are retained for a period of 5 years from the date on which the person to whom the document or record relates commences working in the service, and
(b) a record referred to in subparagraph (h), (j) or (k) of paragraph (1) is retained for a period of 2 years from the date on which the child to whom it relates ceases to attend the service, or in the case of a pre-school service in a drop-in centre or of a temporary pre-school service, for a period of 2 years from the date on which the child attends the service.
(3) A record referred to in paragraph (1) shall be open to inspection on the premises, and the documents and records referred to in paragraph (2)(a) shall be open to inspection whether on the premises or elsewhere, by an authorised person.
(4) A record referred to in paragraph (1) shall be open to inspection on the premises by a parent or guardian of a child but only in respect of information concerning that child.
(5) For the purposes of operating the pre-school service, a record referred to in paragraph (1) shall be open to inspection on the premises by an employee who is authorised in that behalf by the registered provider.
Information for parents
17. A registered provider shall ensure that a parent or guardian of a child proposing to attend the service is provided with the information referred to in subparagraphs (a) to (g) of Regulation 16(1).
Copy of Act etc
18. A registered provider shall ensure that a copy of Part VIIA (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) of the Act and of these Regulations is kept on the premises and the said copies shall be open to inspection on the premises by—
(a) a parent or guardian of a child attending or proposing to attend the service,
(b) an employee, unpaid worker or contractor, and
(c) an authorised person.
PART V
Care of Child in Pre-School Service
Health, welfare and development of child
19. (1) A registered provider shall, in providing a pre-school service, ensure that—
(a) each child’s learning, development and well-being is facilitated within the daily life of the pre-school service through the provision of the appropriate activities, interaction, materials and equipment, having regard to the age and stage of development of the child, and
(b) appropriate and suitable care practices are in place in the pre-school service, having regard to the number of children attending the service and the nature of their needs.
(2) A registered provider shall ensure that no corporal punishment is inflicted on a pre-school child whilst attending the service.
(3) A registered provider shall ensure that no practices that are disrespectful, degrading, exploitive, intimidating, emotionally or physically harmful or neglectful are carried out in respect of a pre-school child whilst attending the service.
(4) A registered provider shall ensure that a pre-school child shall not be—
(a) permitted access to the internet,
(b) photographed, or
(c) recorded,
while attending the pre-school service other than in accordance with the terms of the consent of a parent or guardian given in the form specified in the service’s policy on the use of the internet and photographic and recording devices.
Facilities for rest and play
20. (1) Subject to this Regulation, a registered provider shall ensure that—
(a) having regard to the number of pre-school children attending the service, their respective ages and the amount of time they spend on the premises, there are adequate and suitable facilities for each child to play indoors and, where required by these Regulations, outdoors, during the day, and
(b) there are adequate and suitable facilities for a pre-school child to rest during the day, and in the case of an overnight pre-school service, during the day and the night.
(2) A registered provider—
(a) of a full day care service, a part-time day care service, a sessional pre-school service or a childminding service that is registered for the first time on or after 30 June 2016, or
(b) of a full day care service, a part-time day care service, a sessional pre-school service or a childminding service that moves premises on or after 30 June 2016,
shall ensure that a suitable, safe and secure outdoor space to which the pre-school children attending the service have access on a daily basis is provided on the premises.
(3) A registered provider of a full day care service, a part-time day care service or a childminding service, other than such a service to which paragraph (2) applies, shall ensure that—
(a) a suitable, safe and secure outdoor space to which the pre-school children attending the service have access on a daily basis is provided on the premises, or
(b) where no such space is provided, the pre-school children attending the service have access on a daily basis to a suitable outdoor space.
(4) Where outdoor space to which the pre-school children attending the service have access is provided on the premises of a sessional pre-school service other than such a service to which paragraph (2) applies, a temporary pre-school service or a pre-school service in a drop-in centre, the registered provider shall ensure that such outdoor space is suitable, safe and secure.
(5) Where pre-school children attending a sessional pre-school service other than such a service to which paragraph (2) applies, a temporary pre-school service or a pre-school service in a drop-in centre have access to an outdoor space other then such a space specified in paragraph (4), the registered provider shall ensure that such outdoor space is suitable.
Equipment and materials
21. A registered provider shall ensure that there is adequate and suitable furniture, play and work equipment and materials available on the premises of the pre-school service.
Food and drink
22. A registered provider shall ensure that adequate and suitable, nutritious and varied food and drink is available for each pre-school child attending the pre-school service.
PART VI
Safety
Safeguarding health, safety and welfare of child
23. A registered provider shall ensure that all reasonable measures are taken to safeguard the health, safety and welfare of a pre-school child attending the service and that the environment of the service is safe.
Checking in and out and record of attendance
24. (1) A registered provider shall ensure that each pre-school child attending the service is checked in and out of the service by an employee or an unpaid worker.
(2) Where there are more than 15 children attending a pre-school service in a drop-in centre, the registered provider shall ensure that one employee or unpaid worker is assigned responsibility for the checking in and out of children.
(3) A registered provider shall ensure that—
(a) no person other than—
(i) a pre-school child attending the service,
(ii) a person dropping or collecting such a child,
(iii) an employee, or
(iv) an unpaid worker,
can enter the premises without his or her entry being approved by an employee, and
(b) a daily record in writing is kept of the entry on the premises of any such person.
(4) A registered provider shall ensure that a record in writing referred to in paragraph (3)(b) is retained for a period of one year from the date to which it relates.
First aid
25. (1) A registered provider shall ensure that a person trained in first aid for children is, at all times, immediately available to the children attending the pre-school service.
(2) A registered provider shall ensure that a suitably equipped first aid box for children—
(a) is safely stored in an easily accessible and conspicuous position on the premises, and
(b) is available to the children attending the pre-school service at all times.
Fire safety measures
26. (1) A registered provider shall ensure that a record in writing is kept of—
(a) any fire drill that takes place in the premises, and
(b) the number, type and maintenance record of fire fighting equipment and smoke alarms in the premises.
(2) The record referred to in paragraph (1) shall be open to inspection by—
(a) a parent or guardian of a pre-school child attending or proposing to attend the pre-school service,
(b) an employee, and
(c) an authorised person.
(3) A registered provider shall ensure that a record referred to in paragraph (2) is retained for a period of 5 years after its creation.
(4) A notice of the procedures to be followed in the event of fire shall be displayed in a conspicuous position in the premises.
Supervision
27. A registered provider shall ensure that pre-school children attending the service are supervised at all times.
Insurance
28. A registered provider shall ensure that the pre-school service is adequately insured.
PART VII
Premises and Space Requirements
Premises
29. A registered provider shall ensure that the premises of the service are—
(a) of sound and stable structure,
(b) safe and secure,
(c) kept adequately lit, heated and ventilated,
(d) cleaned, maintained and repaired, as required, and
(e) equipped with adequate and suitable sanitary facilities.
Minimum space requirements
30. (1) Subject to paragraphs (2) to (6), a registered provider shall ensure that adequate clear floor space is available in the premises for the work, play and movement of children attending the pre-school service.
(2) A registered provider of a full day care service or a part-time day care service shall ensure that the minimum amount of clear floor space specified in column (3) of Schedule 7 opposite a particular reference number specified in column (1) of that Schedule in respect of the age range of children specified in column (2) thereof at that reference number is available for each child in that age range attending the service.
(3) A registered provider of a sessional pre-school service or a pre-school service in a drop-in centre shall ensure that a minimum of 1.818 square metres of clear floor space is available for each child attending the service.
(4) Where a registered provider contemporaneously provides—
(a) a sessional pre-school service, and
(b) a full day care service or a part-time day care service, or both,
the minimum clear floor space applicable for the duration of the sessional pre-school service in respect of the children attending that service shall be the floor space specified in paragraph (3).
(5) A registered provider of a temporary pre-school service shall ensure that a minimum of 2 square metres of clear floor space is available for each child attending the service.
(6) Subject to paragraph (7), a registered provider of a sessional pre-school service shall ensure that there are no more than 22 children in a room in the service at any time.
(7) Paragraph (6) shall not apply where a registered provider contemporaneously provides—
(a) a sessional pre-school service, and
(b) a full day care service or a part-time day care service, or both.
PART VIII
Notifications and complaints
Notification of incidents
31. A registered provider shall notify the Agency in writing within 3 working days of becoming aware of any of the following incidents occurring in the pre-school service:
(a) the death of a pre-school child while attending the service, including the death of a child in hospital following his or her transfer to hospital from the service;
(b) the diagnosis of a pre-school child attending the service, an employee, unpaid worker, contractor or other person working in the service as suffering from an infectious disease within the meaning of the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 );
(c) an incident that occurs in the service and that results in the service being closed for any length of time;
(d) a serious injury to a pre-school child while attending the service that requires immediate medical treatment by a registered medical practitioner whether in a hospital or otherwise;
(e) an incident in respect of which a pre-school child attending the service goes missing while attending the service.
Complaints
32. (1) A registered provider shall ensure that the complaints policy of the service specifies—
(a) the procedure to be followed by a person for the purposes of making a complaint in relation to the service,
(b) the manner in which such a complaint shall be dealt with, and
(c) the procedures for keeping a person who makes such a complaint informed of the manner in which it is being dealt with.
(2) A registered provider shall ensure that—
(a) a record in writing is kept of a complaint made to the provider in respect of the pre-school service, and
(b) the complaint is duly dealt with in accordance with the provider’s complaints policy.
(3) A record in writing referred to in paragraph (2)(a) shall—
(a) include the nature of the complaint and the manner in which the complaint was dealt with, and
(b) be open to inspection on the premises by an authorised person.
(4) A registered provider shall ensure that a record in writing referred to in paragraph (2)(a) is retained for a period of 2 years from the date on which the complaint has been dealt with.
(5) The requirement in paragraph (4) is without prejudice to any requirement to retain the record in writing referred to in paragraph (2)(a) under any other enactment or rule of law.
Part IX
Inspection and Enforcement
Furnishing of information to Agency
33. A registered provider shall furnish the Agency with such information as the Agency may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form, if any, as may be specified by the Agency.
Inspection
34. (1) The Agency shall, following an inspection by an authorised person of a pre-school service, furnish a report in writing to the registered provider of the outcome of the inspection.
(2) Subject to paragraph (1), the Agency shall take such steps as are necessary to enforce these Regulations in relation to the pre-school service concerned.
Enforcement and execution
35. These Regulations shall be enforced and executed by the Agency.
SCHEDULE 1
Application Fees
(1)
(2)
(3)
Class of Service
Annual fee
1.
Full day care service
€80
2.
Part-time day care service
€80
3.
Sessional pre-school service
€40
4.
Pre-school service in a drop-in centre
€80
5.
Temporary pre-school service
€80
6.
Childminding service
€40
7.
Overnight pre-school service
€80
SCHEDULE 2
Application Form for Registration of Pre-School Service
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013.
Please complete in BLACK pen, in BLOCK CAPITALS
Information to be enclosed with application form
• Garda vetting/Police vetting for proposed registered provider and person in charge if different
• Two references in respect of the proposed registered provider, and in respect of the person in charge if different
• Floor plan of the interior design of the centre giving details of the dimensions of all rooms intended for children’s use, also indicating owner’s/staff rooms
• Plan of any outdoor area available for children’s use
• Evidence of registration from Companies Registration Office, where applicable
• Proof of identity of the proposed registered provider (copy of passport or driving licence are the only acceptable documents)
• Copy of the Certificate of Insurance or written confirmation of insurance cover
• Copy of Statement of Purpose and Function
• Copy of Safety Statement
• Copy of Policy on Managing Behaviour
• Copy of Complaints Policy
• Copy of Policy on Administration of Medication
• Copy of Policy on Infection Control
• Copy of Policy on Safe Sleep• Application Fee Due
Please note that only fully completed application forms will be accepted.
All information must be accurate and comprehensive
1. General Details
Is the person completing this application form over 18 years of age?
Yes No
Class of Service:
Full day care service
Part-time day care service
Sessional pre-school service
Pre-school service in a drop-in centre
Childminding service
Overnight service
Name of the Pre-School Service …………..
Address of the Pre-School Service ……………………………………
Telephone no. of Pre-School Service Land Line …………..
Mobile …………..
Email address …………..
Website …………..
When do you propose to commence the Service? …………..
How many children will the Service accommodate? …………..
What is the age profile of the children the Service will accommodate? …………..
2. Proposed Registered Provider(s) of Pre-School Service
Please indicate whether the proposed registered provider is a:
Sole Trader
Partnership
Limited Company
Designated Activity Company
Other (Please give details) …………..
2(a) Details of Proposed Registered Provider(s) (sole traders or partnerships)
Full name
Address
Date of birth
Tel. No.
2(b) If the proposed registered provider is not a sole trader or partnership, please provide the following details
Name of Organisation: …………..
Address of Organisation: ……………………………………
Landline No: ………….. Mobile No: …………..
E-mail address: …………..
Name of person acting on behalf of Organisation: …………..
Position in Organisation: …………..
Address (if different from above): ……………………………………
Landline No: ………….. Mobile No: …………..
E-mail address*: …………..
(*The Agency will use this e-mail address for correspondence purposes)
2(c) Please provide the following details in the case of Registered Companies only
Name of Company: …………..
Address of Registered Office: ……………………….
Company Secretary Name: …………..
Company Registration Number: …………..
2(d) Is the Service part or proposed to be part of DCYA’s Early Childhood Care and Education (ECCE) funding Programme?
Yes No
2(e) If yes, please provide the date on which the service commenced the ECCE service, and the DCYA Reference No: …………..
3. Management structure
3(a) Person in Charge (Name to be entered on register as person in charge if different from Proposed Registered Provider)
Particulars of the Person in Charge of the Pre-School Service
Full Name …………..
Date of Birth …………..
Home Address ……………………………………
Tel. No. …………..
3(b) Details of Qualifications of Proposed Registered Provider (or Person in Charge, if different)
Awarding Body
Country of Qualification
Qualification
Duration of course
Date Awarded
3(c) Details of the Employment Record of the Proposed Registered Provider (or Person in Charge, if different)
Please include details of present and past employers, including the name, address, and nature of business, the dates of employment and details of posts held.
Employer’s name and address
Nature of business
Post held
Dates of employment
Reason for Leaving
From
To
4. Professional Registration details of Proposed Registered Provider (or Person in Charge, if different)
4(a) Is, or was, the proposed registered provider (or person in charge, if different) registered with any health, or allied health professional registration body?
Yes No
4(b) If yes, please provide the following details:
Name of registration body
Contact Details
Registration Number
4(c) If yes, please indicate the registration status
Full Associate Student
4(d) If yes, please indicate the expiration date of the current or most recent registration: …………..
4(e) Has the proposed registered provider (or person in charge, if different) ever been subject to any disciplinary process pursued by the registration body?
Yes No
If yes give details
……………………….
5.Previous Registration/notification history
5(a) Were you or was any service operated by your organisation previously registered with or notified to the HSE or Tusla?
Yes No
If yes, provide timeframes and details.
……………………….
5(b) Have you or has any service operated by your organisation been registered as a provider of other social care services eg nursing home, supported accommodation or residential children’s home?
Yes No
If yes, provide timeframes and details:
……………………….
5(c) Have you or has any service operated by your organisation been registered in another jurisdiction either as an Early Years Service or as another Social Service?
Yes No
If yes, provide timeframes and details:
……………………….
5(d) Have you or has any service operated by your organisation been prosecuted under the Child Care Act 1991?
Yes No
If yes, provide timeframes and details:
……………………….
6. Staffing of Pre-School Service
6(a) Proposed Number of Staff to be employed in the Preschool Service …………..
6(b) Proposed number of students, interns, or volunteers and other unremunerated staff (if any) …………..
7. Premises
7(a) Do the premises have a certificate of planning permission?
Yes No
If no, please state reason why not
7(b) Date of construction …………..
7(c) Do you have sole use of the premises?
Yes No
If no, what other services/individuals do you share the premises with?
……………………….
7(d) Are the proposed premises ready for a pre- registration visit?
Yes No
If no, please state when the proposed premises will be ready for a pre-registration visit:
7(e) Are the premises that you are planning to use as a Pre-School Service:
A domestic dwelling
Purpose-built as a childcare facility
A refurbished/change of use of an existing building
Currently being used as a Pre-School Service
Located in a building where activities other than childcare take placePlease specify the nature of the other activities (e.g. primary school, community hall, older people’s daycare, bridge club etc.)…………..
7(f) Please list all the rooms available to the pre-school service together with their function and size
Room
Function
Size(m2)
7(g) Please give details of the outdoor play area available to the pre-school children
Details of Outdoor Play Area
Size (m2)
8. Insurance Arrangements
8(a) Name of Insurance Company …………..
8(b) Address of Insurance Company …………..
8(c) Categories of insurance cover for the pre-school service
Public liability
Fire & theft
Motor insurance
Building Insurance
Outings Insurance
Other
8(d) Number of children covered by insurance …………..
8(e) Date of Insurance Cover From ………….. To …………..
9. Opening Days/Hours
Please provide details of the proposed opening days and opening hours of the Pre-School Service:
10. Directions to your Pre-School Service
Please provide easy-to-follow-directions to the location of the proposed pre-school service:
……………………….
11. Fees
Please indicate on the following table the appropriate fee due in respect of your application:
Class of Service
Fee
Full day care service
€80
Part-time day care service
€80
Sessional pre-school service
€40
Pre-school service in a drop-in centre
€80
Temporary pre-school service
€80
Childminding Service
€40
Overnight pre-school service
€80
12. Declaration
I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a Pre-School Service.
I agree to notify the Child and Family Agency of any changes to the information on this form.
I declare that I have attached all documentation required to progress my application as set out in this form, including the relevant application fee.
I declare that all the information I have given on the application form is true to the best of my knowledge and belief.
The name below is that of the proposed registered provider.
Name: …………..
Signed on behalf of the proposed registered provider:…………..
Status of Signatory (for example Individual, director, chairperson):…………..
Date …………..
SCHEDULE 3
Application Form for Registration of Temporary Pre-School Service
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013
Please complete in BLACK pen, in BLOCK CAPITALS
Information to be enclosed with application form
• Garda vetting/Police vetting for proposed registered provider and person in charge if different • Two references in respect of the proposed registered provider, and in respect of the person in charge if different • Floor plan of the interior design of the centre giving details of the dimensions of all rooms intended for children’s use, also indicating owner’s/staff rooms • Evidence of registration from Companies Registration Office, where applicable • Copy of the Certificate of Insurance or written confirmation of insurance cover • Copy of Statement of Purpose and Function • Proof of identity of the proposed registered provider (copy of passport or driving licence are the only acceptable documents) • Copy of Safety Statement • Copy of Policy on Managing Behaviour • Copy of Complaints Policy • Copy of Policy on Administration of Medication • Copy of Policy on Infection Control • Copy of Policy on Safe Sleep • Application Fee Due
Please note that only fully completed application forms will be accepted.
All information must be accurate and comprehensive
1. General Details
Is the person completing the form over 18 years of age?
Yes No
Name of the Pre-School Service …………..
Address of the Pre-School Service ……………………………………
Telephone no. of Pre-School Service Land Line …………..
Mobile …………..
Email address …………..
Website …………..
How many children will the Service accommodate? …………..
What is the age profile of the children the Service will accommodate? …………..
2. Proposed Registered Provider(s) of the Temporary Pre-School Service
Please indicate whether the proposed registered provider is a:
Sole Trader
Partnership
Limited Company
Designated Activity Company
Other (Please give details) …………..
2(a) Details of Proposed Registered Provider(s) (sole traders or partnerships)
Full name
Addressa
Date of birth
Tel. No.
2(b) If the proposed registered provider is not a sole trader or partnership, please provide the following details:
Name of Organisation: …………..
Address of Organisation: ……………………………………
Landline No: ………….. Mobile No: …………..
E-mail address: …………..
Name of person acting on behalf of Organisation: …………..
Position in Organisation: …………..
Address (if different from above): ……………………………………
Landline No: ………….. Mobile No: …………..
E-mail address*: …………..
(*The Agency will use this e-mail address for correspondence purposes)
2(c) Please provide the following details in the case of Registered Companies only
Name of Company: …………..
Address of Registered Office: ……………………….
Company Secretary Name: …………..
Company Registration Number: …………..
3. Management structure
3(a) Person in Charge (Name to be entered on register as person in charge if different from Proposed Registered Provider)
Particulars of the Person in Charge of the Pre-School Service
Full Name …………..
Date of Birth …………..
Home Address ……………………………………
Tel. No. …………..
3(b) Details of Qualifications of Proposed Registered Provider (or Person in Charge, if different)
Awarding Body
Country of Qualification
Qualification
Duration of course
Date Awarded
3(c) Details of the Employment Record of the Proposed Registered Provider (or Person in Charge, if different)
Please include details of present and past employers, including the name, address, and nature of business, together with the dates of employment and details of posts held.
Employer’s name and address
Nature of business
Post held
Dates of employment
Reason for Leaving
From
To
4. Professional Registration details of Proposed Registered Provider (or Person in Charge, if different)
4(a) Is, or was, the proposed registered provider (or person in charge, if different) registered with any health, or allied health professional registration body?
Yes No
4(b) If yes, please provide the following details:
Name of registration body
Contact Details
Registration Number
4(c) If yes, please indicate the registration status
Full Associate Student
4(d) If yes, please indicate the expiration date of the current or most recent registration
4(e) Has the proposed registered provider (or person in charge, if different) ever been subject to any disciplinary process pursued by the registration body?
Yes No
If yes give details:
……………………….
5. Previous Registration/notification history
5(a) Were you or was any service operated by your organisation previously registered with or notified to the HSE or Tusla?
Yes No
If yes, provide timeframes and details:
……………………….
5(b) Have you or has any service operated by your organisation been registered as a provider of other social care services eg nursing home, supported accommodation or residential children’s home?
Yes No
If yes, provide timeframes and details:
……………………….
5(c) Have you or has any service operated by your organisation been registered in another jurisdiction either as an Early Years Service or as another social service?
Yes No
If yes, provide timeframes and details:
……………………….
5(d) Have you or has any service operated by your organisation been prosecuted under the Child Care Act 1991 ?
Yes No
If yes, provide timeframes and details:
……………………….
6. Staffing of Temporary Pre-School Service
6(a) Proposed number of staff to be employed in the Preschool Service …………..
6(b) Proposed number of students, interns, or volunteers and other unremunerated staff (if any) …………..
7. Premises
7(a) Do you have sole use of the premises where it is proposed to provide the temporary pre-school service?
Yes No
If no, what other services/individuals will you share the premises with?
……………………….
7(b) Are the premises that you are planning to use as a temporary Pre-School Service:
A domestic dwelling
Purpose-built as a childcare facility
A refurbished/change of use of an existing building
Currently being used as a Pre-School Service
Located in a building where activities other than childcare take placePlease specify the nature of the other activities (e.g. primary school, community hall, older people’s daycare, bridge club etc.)…………..
7(c) Please list all the rooms available to the temporary pre-school service together with their function and size
Room
Function
Size(m2)
7(d) Please give details of any outdoor play area available to the pre-school children
Details of Outdoor Play Area
Size (m2)
8. Insurance Arrangements
8(a) Name of Insurance Company …………..
8(b) Address of Insurance Company …………..
8(c) Categories of insurance cover for the pre-school service
Public liability
Fire & theft
Motor insurance
Building Insurance
Outings Insurance
Other
8(d) Number of children covered by insurance …………..
8(e) Date of Insurance Cover From ………….. To …………..
9. Dates on which it is proposed to provide the Temporary Pre-School Service:
From: __ / __ /__ To: __ / __ /__
Total No. of Days: __ Hours of operation: _________
10. Directions to your Pre-School Service
Please provide easy-to-follow-directions to the location of the proposed temporary pre-school service:
………………………………………………..
11. Fees
The fee for an application for registration of a Temporary Pre-School Service is €80.
12. Declaration
I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a Temporary Pre-School Service.
I agree to notify the Child and Family Agency of any changes to the information on this form.
I declare that I have attached all documentation required to progress my application as set out in this form including the relevant application fee.
I declare that all the information I have given on the application form is true to the best of my knowledge and belief.
The name below is that of the proposed registered provider.
Name: …………..
Signed on behalf of the proposed registered provider:…………..
Status of Signatory (for example Individual, director, chairperson):…………..
Date …………..
SCHEDULE 4
Form for Notification of Change in Circumstances
Name of Service
Reference Number
Address of Service
Please tick () column(s) in respect of which you are notifying a change in circumstances
Please complete the following:
Summary of reason for notification
Change of Service Name
Change of Service Address
Change of Registered Provider
Change in Legal Name of Company
Change of Person in charge
Change in Service Type
Change in No of children that can be accommodated
Change in age profile of children for which the service is registered to provide services
Name of Service as per the Register
Ref No.
Current Information on Register which you Propose to Change
New Information which is proposed to be entered on Register
Signature of Registered Provider …………..
Date: …………..
SCHEDULE 5
Policies, procedures and statements
1. (a) statement of purpose and function;
(b) complaints policy;
(c) policy on administration of medication;
(d) policy on infection control;
(e) policy on managing behaviour;
(f) policy on safe sleep;
(g) fire safety policy;
(h) inclusion policy;
(i) outings policy where children attending the service are brought on such outings;
(j) policy on accidents and incidents;
(k) policy on authorisation to collect children;
(l) policy on healthy eating;
(m) policy on outdoor play where such play is provided to children attending the service;
(n) policy on overnight services where the service is an overnight pre-school service;
(o) policy on staff absences;
(p) policy on the use of the internet and photographic and recording devices;
(q) recruitment policy;
(r) risk management policy;
(s) settling-in policy;
(t) staff training policy;
(u) supervision policy.
2. In this Schedule—
“fire safety policy”, in relation to a pre-school service, means a policy specifying—
(a) the manner in which the registered provider shall ensure that all employees, unpaid workers and contractors are—
(i) aware of and trained in the procedures to be followed in case of fire in the service, and
(ii) familiar with the location of any fire fighting equipment and trained in the use of such equipment,
(b) the frequency and timing of fire drills to be carried out in the service, and
(c) the manner in which the record in writing referred to in Regulation 26 is to be maintained;
“inclusion policy”, in relation to a pre-school service, means a policy specifying the manner in which it is ensured that the needs (including the physical, emotional and intellectual needs and the religious beliefs (if any)) of all pre-school children attending the service are addressed in the service;
“outings policy”, in relation to a pre-school service, means a policy specifying the measures to be taken to ensure the safety and welfare of pre-school children attending the service when under the control of the service but not on the premises of the service;
“policy on accidents and incidents”, in relation to a pre-school service, means a policy specifying—
(a) the measures to be taken in the service to prevent accidents and incidents,
(b) the procedures to be followed when an accident or incident involving a pre-school child occurs while the child is attending the service, including the steps that are to be taken to contact the parent or guardian of the child or the emergency services if necessary,
(c) the manner in which a record of the accident or incident should be kept, and
(d) the manner in which a record should be shared with the parent or guardian of the child to whom it relates;
“policy on administration of medication”, in relation to a pre-school service, means a policy specifying the procedure to be followed in the service to ensure the safe storage of medication in the service and administration of medication to a pre-school child attending the service;
“policy on authorisation to collect children”, in relation to a pre-school service, means a policy specifying the protocols of the service in relation to the collection from the service of pre-school children attending the service;
“policy on healthy eating”, in relation to a pre-school service, means a policy specifying the manner in which the service shall ensure that the food and drink provided to the pre-school children attending the service is nutritious and complies with the dietary or religious requirements of such a child;
“policy on infection control”, in relation to a pre-school service, means a policy specifying the procedure to be followed in the service to protect persons working in the service and pre-school children attending the service from the transmission of infections;
“policy on managing behaviour”, in relation to a pre-school service, means a policy that—
(a) supports positive behaviour by the pre-school children attending the service, and
(b) specifies approaches for managing challenging behaviour by a pre-school child attending the service and assisting the child to manage his or her behaviour as appropriate to the age and stage of development of the child;
“policy on outdoor play”, in relation to a pre-school service, means a policy specifying—
(a) the manner in which and the times at which pre-school children attending the service have access to outdoor play, whether on the premises or in another location, and
(b) the manner in which the health and safety of the pre-school children attending the service while engaged in outdoor play is to be ensured;
“policy on overnight services”, in relation to a pre-school service, means the procedures in place in the service to ensure the safety and welfare of pre-school children attending the service overnight, including in relation to the supervision of such children, sleeping arrangements, bedtime routine and the preservation of the privacy of such children;
“policy on safe sleep”, in relation to a pre-school service, means a policy specifying the manner in which safe and suitable sleeping arrangements are to be provided in the service for pre-school children attending the service;
“policy on staff absences”, in relation to a pre-school service, means the arrangements in place in the service to ensure that the required adult:child ratios specified in Regulation 11 can be met when an employee working directly with children attending the service is absent from the service;
“recruitment policy”, in relation to a pre-school service, means a policy specifying the procedure to be followed by the registered provider when hiring employees and unpaid workers, including the steps to be taken to check and verify references, qualifications and vetting documentation;
“risk management policy”, in relation to a pre-school service, means a policy on the manner in which the registered provider assesses any potential risks to the safety of the pre-school children attending the service, and the steps taken to either eliminate those risks or mitigate them;
“settling-in policy”, in relation to a pre-school service, means the procedures in place in the service to facilitate the integration in the service of a pre-school child when he or she first attends the service, his or her progression within the service and his or her transition to primary school;
“staff training policy”, in relation to a pre-school service, means a policy specifying the manner in which the registered provider shall identify and address the training needs of employees and unpaid workers;
“statement of purpose and function”, in relation to a pre-school service, means a description of the service, including—
(a) who the service is aimed at,
(b) the class of service provided,
(c) the hours of the service,
(d) the age range of the children catered for in the service, and
(e) the number of children that can be catered for in the service;
“supervision policy”, in relation to a pre-school service, means a policy specifying the manner in which employees, unpaid workers and contractors are supervised and supported in the service in relation to their work practices.
SCHEDULE 6
Adult:Child Ratios
Part 1
Full day care service or part-time day care service
(1)
(2)
(3)
AGE RANGE
ADULT:CHILD RATIO
1.
0-1 year
1:3
2.
1-2 years
1:5
3.
2-3 years
1:6
4.
3-6 years
1:8
Part 2
Sessional pre-school service
(1)
(2)
(3)
AGE RANGE
ADULT:CHILD RATIO
1.
0-1 year
1:3
2.
1 — 2½ years
1:5
3.
2½ — 6 years
1:11
Part 3
Pre-school service in a drop-in centre and temporary pre-school service
(1)
(2)
(3)
AGE RANGE
ADULT:CHILD RATIO
1.
0-6 years
1:4
Part 4
Overnight pre-school service
(1)
(2)
(3)
AGE RANGE
ADULT:CHILD RATIO
1.
0-1 year
1:3
2.
1-6 years
1:5
SCHEDULE 7
Minimum Space Requirements
Full day care service or part-time day care service
(1)
(2)
(3)
AGE RANGE
CLEAR FLOOR SPACE
1.
0-1 year
3.5 square metres
2.
1 — 2 years
2.8 square metres
3.
2 — 3 years
2.35 square metres
4.
3 — 6 years
2.3 square metres
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GIVEN under the Official Seal of the Minister for Children and Youth Affairs,
4 May 2016.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the various requirements to be complied with by persons carrying on pre-school services, for the purpose of securing the health, safety and welfare and premoting the development of pre-school children.
The Child Care (Pre-School Services) (No. 2) Regulations 2006 ( S.I. No. 604 of 2006 ) are revoked by these Regulations.
S.I. No. 632/2016 –
Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th December, 2016.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) (as adapted by the Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 394 of 2016 )) of the Child Care Act 1991 (No. 17 of 1991), after consultation with the Minister for Education and Skills and the Minister for Housing, Planning, Community and Local Government, hereby make the following regulations:
1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016.
(2) These Regulations shall come into operation on 31 December 2016.
2. Regulation 9 of the Child Care Act 1991 (Early Years Services) Regulations ( S.I. No. 221 of 2016 ) is amended—
(a) in paragraph (4), by the substitution of “paragraphs (5), (6) and (6A)” for “paragraphs (5) and (6)”, and
(b) by the insertion of the following paragraph after paragraph (6):
“(6A) Paragraph (4) shall not apply to an employee of a registered provider where—
(a) the registered provider receives funding for the employment of the employee pursuant to a scheme funded by the Minister and known as the Access and Inclusion Model, and
(b) the employment of the employee is for the purpose of providing support, pursuant to the scheme referred to in subparagraph (a), for a child attending the service to enable the child to participate in the programme known as the Early Childhood Care and Education (ECCE) funding Programme.”.
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GIVEN under my Official Seal,
21 December 2016.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
S.I. No. 575/2018 –
Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018
View SIAmendments
ARRANGEMENT OF REGULATIONS
Part I
Preliminary and General
Regulation
1. Title and commencement
2. Interpretation
3. Prescribed early years service
4. Fees
Part II
Registration and Register
5. Registration of school age service
6. Register
7. Notification of change in circumstances
Part III
Management of Service
8. Vetting disclosures
9. Staffing levels
10. Policies etc. of school age service
11. Premises
12. Insurance
13. Complaints
Part IV
Number of Children that may be cared for in a Childminding Service
14. Number of children that may be cared for in a childminding service
Part V
Inspection and Enforcement
15. Furnishing of information to Agency
16. Inspection
17. Enforcement and execution
18. Application of these Regulations
SCHEDULE 1
Application Fees
SCHEDULE 2
Application Form for Registration of School Age Service (other than a Childminding Service)
SCHEDULE 3
Application Form for Registration of Childminding Service
SCHEDULE 4
Form for Notification of Proposed Change in Registration Details
SCHEDULE 5
Form for Notification of Closure of Service
SCHEDULE 6
Policies and Statements
SCHEDULE 7
Number of Children that may be cared for in a Childminding Service
S.I. No. 575 of 2018
CHILD CARE ACT 1991 (EARLY YEARS SERVICES) (REGISTRATION OF SCHOOL AGE SERVICES) REGULATIONS 2018
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 1st January, 2019.
The Minister for Children and Youth Affairs, in the exercise of the powers conferred on her by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) of the Child Care Act 1991 (No.17 of 1991), after consultation with the Minister for Education and Skills and the Minister for Housing, Planning and Local Government, hereby makes the following Regulations:
PART I
Preliminary and General
Title and commencement
1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018.
(2) These Regulations shall come into operation on 18th February 2019.
Interpretation
2. In these Regulations—
“2016 Regulations” means the Child Care Act 1991 (Early Years Services) Regulations 2016 (No.221 of 2016);
“Act” means the Child Care Act 1991 (No. 17 of 1991);
“Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47 of 2012);
“childminding service” means a school age service, which may include an overnight school age service, offered by a person who single-handedly takes care of school age children, which may include the person’s own children, in the person’s home for a total of more than 2 hours per day, except where the exemptions provided in section 58L of the Act (as amended) apply;
“childminding service registered under the 2016 Regulations” means a pre-school service, which may include an overnight pre-school service, offered by a person who single-handedly takes care of pre-school children, which may include the person’s own such children, in the person’s home for a total of more than 2 hours per day, except where the exemptions provided in section 58L of the Act apply;
“complaints policy” means a policy specifying the procedures for making and dealing with complaints in relation to any aspect of the service;
“director”, in relation to a registered provider that is a body corporate, means a director within the meaning of the Companies Act 2014 (No. 38 of 2014) and, in the case of a board of management established under section 14 of the Education Act 1998 (No. 51 of 1998), means each member of such a board;
“full day care service” means a pre-school service offering a structured day care service for pre-school children for more than 5 hours per day and which may include a sessional pre-school service for pre-school children not attending the full day care service;
“part-time day care service” means a pre-school service offering a structured day care service for pre-school children for a total of more than 3.5 hours and less than 5 hours per day and which may include a sessional pre-school service for pre-school children not attending the part-time day care service;
“person in charge”, in relation to a school age service, means the person who has day-to-day charge of the service and includes a registered provider who has such charge of the service;
“premises”, in relation to a school age service, includes a building or part of a building, and any out-offices, yard, garden or land appurtenant thereto or usually enjoyed therewith in which the service is being or is proposed to be carried on;
“record” means any record kept or retained in pursuance of these Regulations including any electronic record, book, card, form, tape, film, note or any record in permanent form including a record that is not in a legible form but which is capable of being reproduced in a legible form;
“register” means the register established and maintained in accordance with section 58C of the Act;
“registered provider” means the person whose name is entered in the register in accordance with section 58C of the Act as providing a school age service;
“school age service in a drop-in centre” means a school age service offering care to school age children which is used exclusively on an intermittent basis;
“sessional pre-school service” means a pre-school service offering a planned programme to pre-school children for a total of not more than 3.5 hours per session;
“temporary school age service” means a school age service offering school age care to children exclusively on a temporary basis.
Prescribed early years service
3. A school age service shall be a prescribed early years service for the purposes of Part VIIA of the Act.
Fees
4. (1) Subject to this Regulation, the fee specified in column (3) of Schedule 1 opposite a particular reference number specified in column (1) of that Schedule is prescribed for the purposes of section 58D(3) as the fee to accompany an application under section 58D(2) (the “application fee”) in respect of a class of early years service specified in column (2) thereof at that reference number.
(2) Where a registered provider provides both a school age service and a pre-school service that is registered under the 2016 Regulations in an early years service, the application fee payable by the registered provider shall be the highest fee applicable to the classes of early years service provided in that service.
PART II
Registration and Register
Registration of school age service
5. (1) The form set out in Schedule 2 is prescribed for the purposes of section 58D(3) for school age services other than childminding services.
(2) The form set out in Schedule 3 is prescribed for the purposes of section 58D(3) for childminding services.
(3) A person who proposes to provide a school age service shall make an application under section 58D(2) in respect of that school age service at least 3 months before the person proposes to commence the service.
(4) Where a person has been providing a school age service prior to the commencement date of these Regulations, and notwithstanding that the person is already on the register as a provider of a pre-school service, that person shall make an application under section 58D(2) in respect of the school age service within six months of the commencement date of these Regulations.
(5) Where a person has been providing a school age service prior to the commencement date of these Regulations and that person is not already on the register as a provider of a pre-school service, that person shall make an application under section 58D(2) in respect of the school age service within three months of the commencement date of these Regulations.
(6) A person making an application under section 58D(2) in accordance with paragraph (1) of this Regulation shall enclose with the form set out in Schedule 2—
(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—
(i) the person,
(ii) where the person is a body corporate, each director of the body,
(iii) where the person in charge is different to the registered provider, the person in charge, and,
(iv) where the person in charge operates the service single-handedly, the second person referred to in Regulation 9(3),
(b) insofar as is practicable, where a person specified in clause (i), (ii), (iii) or (iv) of paragraph (a) has lived in a state other than the State for a period of longer than 6 consecutive months, vetting information in respect of the person obtained from the police authorities in that state,
(c)2 references in writing in respect of himself or herself that demonstrate that he or she is a suitable person to provide a school age service, including one from his or her most recent employer, if any, or where the person is a body corporate, two such references in respect of each director of the body,
(d) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the school age service, and
(e) a copy of—
(i) the policies and statements specified in paragraph 1 of Schedule 6,
(ii) the safety statement (within the meaning of the Safety, Health and Welfare at Work Act 2005 ) of the service (if any), and
(iii) the child safeguarding statement (within the meaning of the Children First Act 2015 ).
(7) A person making an application under section 58D(2) in accordance with paragraph (2) of this Regulation shall enclose with the form set out in Schedule 3—
(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—
(i) the person,
(ii) any person over the age of 18 who will normally be present in the person’s house during times when the service is operating, and
(iii) the second person referred to in Regulation 9(3),
(b) insofar as is practicable, where a person specified in clause (i), (ii) or (iii) of paragraph (a) has lived in a state other than the State for a period of longer than 6 consecutive months, vetting information in respect of the person obtained from the police authorities in that state,
(c) 2references in writing in respect of himself or herself that demonstrate that he or she is a suitable person to provide a childminding service, including one from his or her most recent employer, if any,
(d) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the childminding service, and
(e) a copy of—
(i) the policies and procedures specified in subparagraphs (b) to (f) of paragraph 1 of Schedule 6,
(ii) the child safeguarding statement (within the meaning of the Children First Act 2015 ).
(8) Where an application is made pursuant to section 58D by the registered provider or by a person who proposes to provide a school age service the Agency, prior to deciding whether to register the provider or the proposed provider concerned pursuant to subsection (5) of that section, shall assess the information provided by the person applying.
Register
6. (1) The register shall be available for inspection by members of the public by means of the internet.
(2) The following details, in addition to those specified in section 58C(2), are prescribed for the purposes of that section as to be contained in the register in respect of a school age service other than a childminding service:
(a) the name, if any, of the service;
(b) the name of the person in charge of the service (if different to the registered provider);
(c) the date from which the registration of the service takes effect (if different from the date of registration);
(d) whether the service offers one or more of the following classes of service in addition to the school age service:
(i) a full day care service registered under the 2016 Regulations;
(ii) a part-time day care service registered under the 2016 Regulations;
(iii) a sessional pre-school service registered under the 2016 Regulations;
(e) the age profile of children for which the school age service is registered to provide services;
(f) any condition attached to registration.
(3) The following details, in addition to those specified in section 58C(2), are prescribed for the purposes of that section as to be contained in the register in respect of a childminding service:
(a) the date from which the registration of the service takes effect (if different from the date of registration);
(b) whether the service offers, in addition to the childminding service, a childminding service registered under the 2016 Regulations;
(c) the age profile of children for which the service is registered to provide services;
(d) any condition attached to registration.
Notification of change in circumstances
7. (1) A registered provider of a school age service shall, subject to paragraph (2), notify the Agency in writing of any proposed change in the details in relation to the school age service contained in the register pursuant to section 58C(2) of the Act or Regulation 6(2) or 6(3) at least 60 days before it is proposed that the change would take effect.
(2) Where a registered provider has been unable for good and proper reason to notify the Agency within the time specified in paragraph (1) of a change in the details in relation to the school age service contained in the register pursuant to section 58C(2) of the Act or Regulation 6(2) or 6(3), the registered provider shall notify the Agency in writing of the change as soon as possible thereafter.
(3) The form set out in Schedule 4 is prescribed for the purposes of a notification under paragraph (1) or (2).
(4) A registered provider who ceases to carry on the school age service shall, not later than 28 days after the cessation of the service, give notice in writing to the Agency of the cessation.
(5) The form set out in Schedule 5 is prescribed for the purposes of a notification under paragraph (4).
PART III
Management of Service
Vetting disclosures
8. (1) A registered provider of a school age service other than a childminding service shall ensure that each employee, unpaid worker and contractor is suitable and competent, taking into consideration the nature of the needs of children, including by-
(a) consideration of references from the person’s past employers, if any, and in particular the most recent employer, if any,
(b) consideration of references from reputable sources in the case of a person who has no past employers,
(c) consideration of the vetting disclosure received from the National Vetting Bureau of the Garda Síochana in accordance with the Act of 2012 in respect of the person, and
(d) ensuring, insofar as is practicable, that where a person has lived in a state other than the State for a period of longer than 6 consecutive months, he or she provides police vetting from the police authorities in that state.
(2) The procedures specified in paragraph 1 shall be carried out prior to any person being appointed, assigned or allowed access to or contact with a child attending the school age service.
Staffing levels
9. (1) Subject to this Regulation, a registered provider of a school age service other than a childminding service shall ensure that there is at all times an adequate number of competent and suitable adults on the premises while the service is operating.
(2) Without prejudice to paragraph (1), a registered provider of a school age service other than a childminding service shall ensure that there is a minimum ratio of 1 adult to 12 children at all times while the service is operating.
(3) Without prejudice to paragraph (1), a registered provider of a school age service shall ensure that, where the person in charge operates the service single-handedly, a second person familiar with the operation of the service and in a position to provide assistance in operating the service to the person in charge is, at all times, within close distance of the service and available to attend the service to assist the person in charge or the registered provider of the childminding service in the event of an emergency.
(4) A registered provider of a school age service shall ensure that the school age children attending the service are appropriately supervised at all times.
Policies etc. of school age service
10. A registered provider of a school age service shall ensure that the policies and statements specified in Schedule 6 are in place for the service.
Premises
11. A registered provider of a school age service shall ensure that-
(a) an outdoor space to which the school age children attending the service have access on a daily basis is provided on the premises, or
(b) where no such space is provided, the school age children attending the service have access on a daily basis to an outdoor space.
Insurance
12. A registered provider shall ensure that the school age service is adequately insured.
Complaints
13. (1) A registered provider of a school age service other than a childminding service shall ensure that the complaints policy of the service specifies—
(a) the procedure to be followed by a person for the purposes of making a complaint in relation to the service,
(b) the manner in which such a complaint shall be dealt with, and
(c) the procedures for keeping a person who makes such a complaint informed of the manner in which it is being dealt with.
(2) A registered provider of a school age service other than a childminding service shall ensure that—
(a) a record in writing is kept of a complaint made to the provider in respect of the school age service, and
(b) the complaint is duly dealt with in accordance with the provider’s complaints policy.
(3) A record in writing referred to in paragraph (2)(a) shall—
(a) include the nature of the complaint and the manner in which the complaint was dealt with, and
(b) be open to inspection on the premises by an authorised person.
(4) A registered provider of a childminding service shall ensure that the parents or guardians of children attending the service are aware of the service’s complaints policy.
Part IV
Number of Children that may be cared for in a Childminding Service
Number of children that may be cared for in a childminding service
14. (1) The registered provider of a childminding service shall, where she or he does not care for any pre-school children, care for no more than 12 school age children at the same time;
(2) the registered provider of a childminding service shall ensure that, where she or he also cares for pre-school children, she or he at the same time cares for no more than the number of school age children specified in column (2) of Schedule 7 opposite the number of pre-school children being cared for as specified in column (1) of Schedule 7.
Part V
Inspection and Enforcement
Furnishing of information to Agency
15. A registered provider or proposed registered provider of a school age service shall furnish the Agency with such information as the Agency may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form, if any, as may be specified by the Agency.
Inspection
16. The Agency shall take such steps as are necessary to enforce these Regulations in relation to the school age service concerned.
Enforcement and execution
17. These Regulations shall be enforced and executed by the Agency.
Application of these Regulations
18. These Regulations shall not apply to school age services in drop-in centres or temporary school age services.
SCHEDULE 1
Application Fees
(1)
(2)
(3)
Class of Service
Annual fee
1.
School Age Service (other than a Childminding Service)
€80
2.
Childminding Service (school age)
€40
3.
Full day care service registered under the 2016 Regulations
€80
4.
Part-time day care service registered under the 2016 Regulations
€80
5.
Sessional pre-school service registered under the 2016 Regulations
€40
6.
Childminding Service (pre-school) registered under the 2016 Regulations
€40
SCHEDULE 2
Application Form for Registration of School Age Service (other than a Childminding Service)
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013
Information to be enclosed with application form
• Garda vetting/Police vetting for proposed registered provider, person in charge (if different), and, where the proposed registered provider is a corporate body, each director of the body
• Garda vetting/Police vetting for the “second person”, where the person in charge operates the service single-handedly
• Two references in respect of the proposed registered provider, and in respect of the person in charge if different
• Evidence of registration from Companies Registration Office, where applicable
• Proof of identity of the proposed registered provider (copy of passport or driving licence or Public Service Card are the only acceptable documents)
• Copy of the Certificate of Insurance or written confirmation of insurance cover
• Copy of Statement of Purpose and Function
• Copy of Safety Statement (if applicable)
• Copy of Child Safeguarding Statement
• Copy of Policy on Managing Behaviour
• Copy of Complaints Policy
• Copy of Policy on Administration of Medication
• Copy of Policy on Infection Control
• Copy of Policy on Dropping Off and Collection of Children
• Copy of Fire Safety Policy
• Application Fee Due
Please note that only fully completed application forms will be accepted.
All information must be accurate and comprehensive
1. General Details
Is the person completing this application form over 18 years of age?
Yes □ No □
Class of Service (see Regulation 4(2)):
School age service
□
School age service with full day care service registered under the 2016 Regulations
□
School age service with part-time day care service registered under the 2016 Regulations
□
School age service with sessional pre-school service registered under the 2016 Regulations
□
Name of the School Age Service …………..
Address of the School Age Service ……………………………………
Telephone no. of the School Age Service Land Line …………..
Mobile …………..
Email address …………..
Website …………..
Is the Service already operating? …………..
If not, when do you propose to commence the Service? …………..
How many children will the Service accommodate? …………..
What is the age profile of the children the Service will accommodate? (Tick all that apply)
Children aged 4 to 10 □
Children aged 11 to 12 □
Children aged 13 to 15 □
2. Proposed Registered Provider(s) of School Age Service
Please indicate whether the proposed registered provider is a:
Sole Trader □
Partnership □
Limited Company □
Designated Activity Company □
Other (Please give details) …………..
2(a) Details of Proposed Registered Provider(s) (sole traders or partnerships)
Full name
Address
Date of birth
Tel. No.
2(b) If the proposed registered provider is not a sole trader or partnership, please provide the following details
Name of Organisation: …………..
Address of Organisation: ……………………………………
Landline No: ………….. Mobile No: …………..
E-mail address: …………..
Name of person acting on behalf of Organisation: …………..
Position in Organisation: …………..
Address (if different from above): ……………………………………
Landline No: ………….. Mobile No: …………..
E-mail address*: …………..
(*The Agency will use this e-mail address for correspondence purposes)
2(c) Please provide the following details in the case of Registered Companies only
Name of Company: …………..
Address of Registered Office: ……………………….
Company Secretary Name: …………..
Company Registration Number: …………..
3. Management structure
3(a) Person in Charge (Name to be entered on register as person in charge if different from Proposed Registered Provider)
Particulars of the Person in Charge of the School Age Service
Full Name …………..
Date of Birth …………..
Home Address ……………………………………
Tel. No. …………..
3(b) Name(s) of all the adult(s) working/who will be working in the School Age Service, or of the “second person”, where applicable
Adults working in the service: ……………………….
“Second person” …………..
3(c) Details of the Employment Record of the Proposed Registered Provider (and the Person in Charge, if different)
Please include details of present and past employers, including the name, address, and nature of business, the dates of employment and details of posts held.
Employer’s name and address
Nature of business
Post held
Dates of employment
Reason for Leaving
From
To
4. Professional Registration details of proposed Registered Provider (and the Person in Charge, if different)
4(a) Is, or was, the proposed registered provider and the person in charge registered with any health, allied health, social care, social work or teaching professional registration body, either in the State or in another jurisdiction?
Yes □ No □
4(b) If yes, please provide the following details:
Name of registration body
Contact Details
Registration Number
4(c) If yes, please indicate the registration status:
Full □ Associate □ Student □
4(d) If yes, please indicate the expiration date of the current or most recent registration: …………..
4(e) Has the proposed registered provider or the person in charge ever been subject to any disciplinary process pursued by the registration body?
Yes □ No □
If yes give details
……………………….
5. Previous Registration/notification history
5(a) Were you, or was the person in charge, or was any service operated by your organisation previously registered with or notified to the HSE, Tusla or HIQA?
Yes □ No □
If yes, provide timeframes and details.
……………………….
5(b) Have you, or has the person in charge or has any service operated by your organisation been prosecuted under the Child Care Act 1991 ?
Yes □ No □
If yes, provide timeframes and details:
……………………….
6. Insurance Arrangements
6(a) Name of Insurance Company …………..
6(b) Address of Insurance Company …………..
6(c) Categories of insurance cover for the school age service
Public liability □
Fire & theft □
Motor insurance □
Building Insurance □
Outings Insurance □
Other □
6(d) Number of school age children covered by insurance …………..
6(e) Date of Insurance Cover From ………….. To …………..
7. Outdoor Space
The children in the service:
(a) Have daily access to outdoor space on the premises □
OR
(b) Have daily access to an outdoor space □
8. Opening Days/Hours
Please provide details of the proposed opening days and opening hours of the School Age Service: …………..
9. Are the premises that are being used / that will be used as a School Age Service:
A domestic dwelling
Purpose-built as an early years facility
A refurbished/change of use of an existing building
Currently being used as an early years (pre-school or school age) service
Located in a building where activities other than early years services take place
Located on the grounds of a school
Other (please specify)
10. Staff Details
Proposed number of staff to be employed in the School Age Service: …………..
11. Fees
Please indicate the appropriate fee due in respect of your application in accordance with Regulation 4 and Schedule 1: …………..
12. Declaration
I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a school age service.
I agree to notify the Child and Family Agency of any changes to the information on this form.
I declare that I have attached all documentation required to progress my application as set out in this form, including the relevant application fee.
I declare that all the information I have given on the application form is true to the best of my knowledge and belief.
The name below is that of the proposed registered provider.
Name: …………..
Signed on behalf of the proposed registered provider: …………..
Status of Signatory (for example Individual, director, chairperson): …………..
Date …………..
SCHEDULE 3
Application Form for Registration of Childminding Service
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013
Information to be enclosed with application form
• Garda vetting/Police vetting for proposed registered provider
• Garda vetting/Police vetting for the “second person” referred to in Regulation 9(3)
• Garda vetting/Police vetting for persons over the age of 18 normally present in the house during times when the service is operating
• Two references in respect of the proposed registered provider
• Proof of identity of the proposed registered provider (copy of passport or driving licence or Public Service Card are the only acceptable documents)
• Copy of the Certificate of Insurance or written confirmation of insurance cover
• Statement of Purpose and Function
• Copy of Child Safeguarding Statement
• Copy of Policy on Managing Behaviour• Copy of Policy on Administration of Medication
• Copy of Policy on Infection Control
• Copy of policy on the Dropping Off and Collection of Children
• Application Fee Due
Please note that only fully completed application forms will be accepted.
All information must be accurate and comprehensive
1. General Details
Is the person completing this application form over 18 years of age?
Yes □ No □
Class of Service (see Regulation 4(2)):
Childminding service
□
Childminding service with childminding service registered under the 2016 Regulations
□
Address of the Service ……………………………………
Telephone no. of the Service Land Line …………..
Mobile …………..
Email address …………..
Website …………..
Is the Service already operating? …………..
If not, when do you propose to commence the Service? …………..
How many children will the Service accommodate? …………..
No. of school age children …………..
No. of pre-school children …………..
What is the age profile of the school age children the Service will accommodate? (Tick all that apply)
Children aged 4 to 10 □
Children aged 11 to 12 □
Children aged 13 to 15 □
2. Proposed Registered Provider
2(a) Details of the proposed registered provider
Full name
Address
Date of birth
Tel. No.
2(b) Details of the Employment Record of the proposed registered provider
Please include details of present and past employers, including the name, address, and nature of business, the dates of employment and details of posts held.
Employer’s name and address
Nature of business
Post held
Dates of employment
Reason for Leaving
From
To
2(c) Professional registration details of proposed registered provider
Is, or was, the proposed registered provider registered with any health, allied health, social care, social work or teaching professional registration body, either within the State or in another jurisdiction?
Yes □ No □
If yes, please provide the following details:
Name of registration body
Contact Details
Registration Number
Registration status:
Full □ Associate □ Student □
Expiration date of the current or most recent registration: …………..
Has the proposed registered provider ever been subject to any disciplinary process pursued by the registration body?
Yes □ No □
If yes give details
……………………….
2(d) Previous Registration/notification history
Were you or was any service operated by you previously registered with or notified to the HSE, Tusla or HIQA?
Yes □ No □
If yes, provide timeframes and details.
……………………….
Have you or has any service operated by you ever been prosecuted under the Child Care Act 1991 ?
Yes □ No □
If yes, provide timeframes and details:
……………………….
3. Name of the “second person”, as required under Regulation 9(3)
……………………….
4. Insurance Arrangements
Name of Insurance Company …………..
Address of Insurance Company ……………………………………
Categories of insurance cover
Public liability □
Fire & theft □
Motor insurance □
Building Insurance □
Outings Insurance □
Other □
Number of school age children covered by insurance …………..
Date of Insurance Cover From ………….. To …………..
5. Outdoor Space
The children in the service:
(a) have daily access to outdoor space on the premises □
OR
(b) have daily access to an outdoor space □
6. Fees
Please indicate the appropriate fee due in respect of your application in accordance with Regulation 4(2) and Schedule 1: …………..
7. Declaration
I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a childminding service.
I agree to notify the Child and Family Agency of any changes to the information on this form.
I declare that I have attached all documentation required to progress my application as set out in this form, including the relevant application fee.
I declare that all the information I have given on the application form is true to the best of my knowledge and belief.
The name below is that of the proposed registered provider.
Name: …………..
Signed on behalf of the proposed registered provider: …………..
Date …………..
SCHEDULE 4
Form for Notification of Proposed Change in Registration Details
Name of Service
Reference Number
Address of Service
Please tick (√) column(s) in respect of which you are notifying a proposed change in registration details
Please complete the following:
Summary of reason for notification
√
Change of Service Name
Change of Service Address
Change of Registered Provider
Change in Legal Name of Company
Change of Person in charge
Change in Service Type
Change in no. of children that can be accommodated
Change in age profile of children for which the service is registered to provide services
Name of Service as per the Register
Ref No.
Current Information on Register which you Propose to Change
New Information which is proposed to be entered on Register
SCHEDULE 5
Form for Notification of Closure of Service
Name of Service
Address of Service
Contact Mobile Phone Number
Tusla Reference Number
Contact Email Address
Service Type
Date of Closure
Reason for Closure
No. of Children in the Service
I wish to inform you that I have ceased to operate the school age / childminding service detailed above.
Name (Block Capitals)
Signature
Date
SCHEDULE 6
Policies and statements
1. (a) Complaints policy;
(b) policy on administration of medication;
(c) policy on infection control;
(d) policy on managing behaviour;
(e) policy on the dropping off and collection of children;
(f) statement of purpose and function;
(g) fire safety policy.
2. In this Schedule—
“policy on administration of medication”, in relation to a school age service, means a policy specifying the procedure to be followed in the service to ensure the safe storage of medication in the service and administration of medication to a school age child attending the service;
“policy on infection control”, in relation to a school age service, means a policy specifying the procedure to be followed in the service to protect persons working in the service and school age children attending the service from the transmission of infections;
“policy on managing behaviour”, in relation to a school age service, means a policy that—
(a) supports positive behaviour by the school age children attending the service, and
(b) specifies approaches for managing challenging behaviour and bullying by a school age child attending the service and assisting the child to manage his or her behaviour as appropriate to the age and stage of development of the child;
“policy on the dropping off and collection of children”, in relation to a school age service, means a policy that describes the procedures carried out by the service to ensure the safety of the children arriving at and departing from the service, including the policy in relation to persons authorised to collect the child from the service and whether, and under what circumstances, children are permitted to leave the service unaccompanied;
“statement of purpose and function”, in relation to a school age service, means a description of the service, including—
(a) who the service is aimed at,
(b) the hours of the service,
(c) the age range of the children catered for in the service, and
(d) the number of children that can be catered for in the service;
“fire safety policy” means a policy specifying—
(a) the manner in which the registered provider shall ensure that all adults working or volunteering in the service are—
(i) aware of and trained in the procedures to be followed in case of fire in the service, and
(ii) familiar with the location of any fire fighting equipment and trained in the use of such equipment, and
(b) the frequency and timing of fire drills to be carried out in the service.
SCHEDULE 7
Number of children that may be cared for in a childminding service
(1)
(2)
No. of pre-school children being cared for
Maximum no. of school age children
1
10
2
7
3
5
4
2
5
1
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GIVEN under the Official Seal of the Minister for Children and Youth Affairs,
20 December 2018.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the various requirements to be complied with by a person applying to register with Tusla, the Child and Family Agency, as a school age service, and by persons carrying on school age services.
S.I. No. 58/2019 –
Child Care Act 1991 (Early Years Services) (Registration Of School Age Services) (Amendment) Regulations 2019
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil”22nd of February, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) (as adapted by the Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 394 of 2016 )) of the Child Care Act 1991 (No. 17 of 1991), after consultation with the Minister for Education and Skills and the Minister for Housing, Planning and Local Government, hereby make the following regulations:
Title and commencement
1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2019.
(2) These Regulations shall come into operation on 18th February 2019.
Interpretation
2. In these Regulations:
“Principal Regulations” means the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 ( S.I. No. 575 of 2018 ).
Amendment of Regulation 1 of the Principal Regulations
3. The Principal Regulations are amended –
(a) In Regulation 1, by substituting for paragraph (2) the following:
“(2) These Regulations (other than Regulations 9(2) and 14 in relation to persons required to register in accordance with Regulations 5(4) or 5(5)) shall come into operation on 18th February 2019”, and
(b) by inserting the following after Regulation 1, paragraph (2):
“(3) Regulations 9(2) and 14 in relation to persons required to register in accordance with Regulations 5(4) or 5(5) shall come into operation on 18th August 2019.”
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GIVEN under the Official Seal of the Minister for Children and Youth Affairs,
12 February 2019
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 by deferring the commencement date of those regulations that relate to ratio requirements in respect of certain classes of service.
S.I. No. 195/2022 –
Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 29th April, 2022.
I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise of the powers conferred on me by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020) and by the Education and Skills (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. 450 of 2020)) of the Child Care Act 1991 (No. 17 of 1991), after consultation with the Minister for Education and the Minister for Housing, Local Government and Heritage, hereby make the following regulations:
Title and commencement
1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022.
(2) These Regulations (other than Regulation 4) come into operation on 27 April 2022.
(3) Regulation 4 comes into operation on 31 January 2023.
Interpretation
2. In these Regulations:
“Principal Regulations” means the Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016) as amended by the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 (S.I. No. 632 of 2016) and the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2021 (S.I. No. 401 of 2021).
“Renewal of Registration” means the application process applying to a registered provider who has reached the end of their registration period and wishes to remain on the register as set out in section 58D(10) of the Act.
“Certificate of Registration” means a certificate issued by the Agency to a registered provider of a prescribed pre-school service setting out the details of the service registration.
Amendment of Regulation 6 of the Principal Regulations
3. Regulation 6 of the Principal Regulations is amended –
(a) in paragraph (1), by the insertion of “or services seeking to apply for renewal of registration” after “other than temporary pre-school services”.
(b) By inserting after paragraph (1) the following paragraph:
“(1A) The form set out in Schedule 2A is prescribed for the purposes of section 58D(3) for services seeking to apply for renewal of registration. Such services must have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfil the requirements of the registration process as set out in Schedule 2.”
(c) By inserting after paragraph (5) the following paragraph:
“(5A) A person making an application under section 58D(2) in accordance with paragraph (1A) shall enclose with the form set out in Schedule 2A-
(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—
(i) the person,
(ii) where the person is a body corporate, each director of the body, and
(iii) where the person in charge is different to the registered provider, the person in charge,
(b) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the pre-school service.”
(d) in subparagraph (6)(a), by substituting “applying,” for “applying, and”.
(e) by the inserting after subparagraph (6)(a) the following subparagraph:
“(aa) may assess any information previously provided by the registered provider in relation to the pre-school service or any information or documents held by the Agency in relation to the pre-school service including information or documents obtained during inspection, and”.
Insertion of new Regulation 7A of the Principal Regulations
4. The Principal Regulations are amended by inserting after Regulation 7 the following Regulation:
“Certificate of Registration
7A. (1) A registered provider of a pre-school service shall be furnished with a certificate of registration for the service by the Agency.
(2) The Agency shall ensure that a certificate of registration is issued to a pre-school service as soon as is practicable following any change to the details of registration on the register including:
(a) following registration or renewal of registration of the service,
(b) following completion of a change in circumstance as prescribed in Regulation 8,
(c) following attachment or removal of one or more conditions of registration under sections 58(D) (5) and (8) of the Act, or
(d) where the Agency has become aware that any particular entered in the register is incorrect in line with 58(D)(7).
(3) A certificate of registration shall include all details in relation to the pre-school service as contained in the register.
(4) A registered provider shall ensure that a certificate of registration for a pre-school service is displayed in a prominent position within the service where it is clearly visible to parents and members of the public who enter the service.
(5) A registered provider shall ensure that the certificate displayed in the pre-school service is the most recent certificate issued to the service by the Agency.
(6) A registered provider shall not alter or amend the particulars detailed on the certificate of registration.”
Insertion of new Schedule 2A of the Principal Regulations
5. The Principal Regulations are amended by inserting after Schedule 2 the following Schedule:
“Schedule 2A
Application Form and Declaration for Renewal of Registration of a Pre-school Service
This form is for use by a registered provider who wishes to renew the registration of a pre-school service. This form may not be used by applicants making a first-time application for registration.
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013.
Please complete in BLACK pen, in BLOCK CAPITALS
Information to be enclosed with application form:
• Garda vetting for registered provider and person in charge (if different) and, where the proposed registered provider is a corporate body, each director of the body
• Copy of the Certificate of Insurance or written confirmation of insurance cover
• Application Fee Due
General Details:
Registered Provider Name:
Service Name:
Registration Number:
Standard Declaration:
I declare that I am the registered provider of a pre-school service which is entered on the register of pre-school services as provided for in Section 58C of the Act.
I declare that I have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfill the requirements of the registration process as set out in Schedule 2.
I declare that (please tick either (a) or (b)):
□ (a) I have made no material alterations to my registered service which would require a change in the details in relation to the service contained in the register since last registration or last renewal of registration and that the details relating to my service as contained in the register are correct, or
□ (b) all changes made to my registered service since last registration or last renewal of registration have been notified to Tusla in accordance with Regulation 8 along with relevant supporting documentation and that such changes have been duly approved by Tusla.
I acknowledge that Tusla may carry out any and all checks required in order to verify the information provided in this application form when assessing my suitability to renew registration of my pre-school service. I acknowledge that Tusla may also assess any information previously provided by me in relation to the pre-school service or any information or documents held by the Agency in relation to the pre-school service including information or documents obtained during inspection.
I declare that all of the information that I have provided to Tusla in respect of my application is true and correct to the best of my knowledge and belief.
A. The name below is that of the registered provider/s.
Name: __________________ Signature: ________________________
Name: __________________ Signature: ________________________
B. Where Registered Provider has authorised another party to make declaration:
Status of Signatory: ________________________________________
(for example, Individual, director, chairperson)
Name: __________________ Signature: ________________________
Date: _______________________________”
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GIVEN under the Official Seal of the Minister for Children, Equality, Disability, Integration, and Youth,
26 April, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
S.I. No. 196/2022 –
Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 29th April, 2022.
I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise of the powers conferred on me by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020) and by the Education and Skills (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. 450 of 2020)) of the Child Care Act 1991 (No. 17 of 1991), after consultation with the Minister for Education and the Minister for Housing, Local Government and Heritage, hereby make the following regulations:
Title and commencement
1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2022.
(2) These Regulations (other than Regulation 4) come into operation on 27 April 2022.
(3) Regulation 4 comes into operation on 31 January 2023.
Interpretation
2. In these Regulations:
“Principal Regulations” means the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 (S.I. No. 575 of 2018) as amended by the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2019 (S.I. No. 58 of 2019).
“Renewal of Registration” means the application process applying to a registered provider who has reached the end of their registration period and wishes to remain on the register as set out in section 58D(10) of the Act.
“Certificate of Registration” means a certificate issued by the Agency to a registered provider of a prescribed school age service setting out the details of the service registration.
Amendment of Regulation 5 of the Principal Regulations
3. Regulation 5 of the Principal Regulations is amended –
(a) in paragraph (1), by the insertion of “or services seeking to apply for renewal of registration” after “other than childminding services”.
(b) By inserting after paragraph (1) the following paragraph:
“(1A) The form set out in Schedule 2A is prescribed for the purposes of section 58D(3) for services, other than childminding services, seeking to apply for renewal of registration. Such services must have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfil the requirements of the registration process as set out in Schedule 2.”
(c) In paragraph (2), by the insertion of “other than childminding services seeking to apply for renewal of registration” after “for childminding services”.
(d) By inserting after paragraph (2) the following paragraph:
“(2A) The form set out in Schedule 3A is prescribed for the purposes of section 58D(3) for childminding services seeking to apply for renewal of registration. Such services must have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfil the requirements of the registration process as set out in Schedule 3.”
(e) By inserting after paragraph (6) the following paragraph:
“(6A) A person making an application under section 58D(2) in accordance with paragraph (1A) of this Regulation shall enclose with the form set out in Schedule 2A-
(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—
(i) the person,
(ii) where the person is a body corporate, each director of the body,
(iii) where the person in charge is different to the registered provider, the person in charge, and,
(iv) where the person in charge operates the service single-handedly, the second person referred to in Regulation 9(3),
(b) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the school age service.”
(f) By inserting after paragraph (7) the following paragraph:
“(7A) A person making an application under section 58D(2) in accordance with paragraph (2A) of this Regulation shall enclose with the form set out in Schedule 3A-
(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—
(i) the person,
(ii) any person over the age of 18 who will normally be present in the person’s house during times when the service is operating, and,
(iii) the second person referred to in Regulation 9(3)(b),
(b) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the school age service.”
(g) by the inserting after paragraph (8) the following paragraph:
“(8A) Where an application is made pursuant to section 58D by the registered provider of a school age service, the Agency, prior to deciding whether to renew the registration of the provider concerned pursuant to subsection (5) of that section, may assess any information previously provided by the registered provider in relation to the school age service or any information or documents held by the Agency in relation to the school age service including information or documents obtained during inspection.”
Insertion of new Regulation 6A of the Principal Regulations
4. The Principal Regulations are amended by inserting after Regulation 6 the following Regulation:
“Certificate of Registration
6A. (1) A registered provider of a school age service, including a childminding service, shall be furnished with a certificate of registration for the service by the Agency.
(2) The Agency shall ensure that a certificate of registration is issued to a school age service, including a childminding service, as soon as is practicable following any change to the details of registration on the register including:
(a) following the registration or renewal of registration of the service,
(b) following completion of a change in circumstance as prescribed in Regulation 7,
(c) following attachment or removal of one or more conditions of registration under sections 58(D)(5) and (8) of the Act, or
(d) where the Agency has become aware that any particular entered in the register is incorrect in line with section 58(D)(7).
(3) A certificate of registration shall include all details in relation to the school age service or childminding service as contained in the register.
(4) A registered provider shall ensure that a certificate of registration for a school age service, including a childminding service, is displayed in a prominent position within the service where it is clearly visible to parents and members of the public who enter the service.
(5) A registered provider shall ensure that the certificate displayed in the school age service, including a childminding service, is the most recent certificate issued to the service by the Agency.
(6) A registered provider shall not alter or amend the particulars detailed on the certificate of registration.”
Insertion of new Schedule 2A of the Principal Regulations
5. The Principal Regulations are amended by inserting after Schedule 2 the following Schedule:
“Schedule 2A
Application Form and Declaration for Renewal of Registration of a School Age Service (other than a Childminding Service)
This form is for use by a registered provider who wishes to renew the registration of a school age service (other than a childminding service). This form may not be used by applicants making a first-time application for registration.
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013.
Please complete in BLACK pen, in BLOCK CAPITALS
Information to be enclosed with application form:
• Garda vetting for registered provider and person in charge (if different) and, where the proposed registered provider is a corporate body, each director of the body
• Garda vetting for the ”second person“, where the person in charge operates the service single-handedly
• Copy of the Certificate of Insurance or written confirmation of insurance cover
• Application Fee Due
General Details:
Registered Provider Name:
Service Name:
Registration Number:
Standard Declaration:
I declare that I am the registered provider of a school age service which is entered on the register of school age services as provided for in Section 58C of the Act.
I declare that I have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfill the requirements of the registration process as set out in Schedule 2.
I declare that (please tick either (a) or (b)):
□ (a) I have made no material alterations to my registered service which would require a change in the details in relation to the service contained in the register since last registration or last renewal of registration and that the details relating to my service as contained in the register are correct, or
□ (b) all changes made to my registered service since last registration or last renewal of registration have been notified to Tusla in accordance with Regulation 7 along with relevant supporting documentation and that such changes have been duly approved by Tusla.
I acknowledge that Tusla may carry out any and all checks required in order to verify the information provided in this application form when assessing my suitability to renew registration of my school age service. I acknowledge that Tusla may also assess any information previously provided by me in relation to the school age service or any information or documents held by the Agency in relation to the school age service including information or documents obtained during inspection.
I declare that all of the information that I have provided to Tusla in respect of my application is true and correct to the best of my knowledge and belief.
A. The name below is that of the registered provider/s.
Name: __________________ Signature: ________________________
Name: __________________ Signature: ________________________
B. Where Registered Provider has authorised another party to make declaration:
Status of Signatory: _________________________________________
(for example, Individual, director, chairperson)
Name: _____________________ Signature: _____________________
Date: _______________________________”
6. The Principal Regulations are amended by inserting after Schedule 3 the following Schedule:
“Schedule 3A
Application Form and Declaration for Renewal of Registration of a Childminding Service
This form is for use by a registered provider who wishes to renew the registration of a childminding service. This form may not be used by applicants making a first-time application for registration.
Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013.
Please complete in BLACK pen, in BLOCK CAPITALS
Information to be enclosed with application form:
• Garda vetting for registered provider
• Garda vetting for the “second person” referred to in Regulation 9(3)
• Garda vetting for persons over the age of 18 normally present in the house during times when the service is operating
• Copy of the Certificate of Insurance or written confirmation of insurance cover
• Application Fee Due
General Details:
Registered Provider Name:
Service Name:
Registration Number:
Standard Declaration:
I declare that I am the registered provider of a childminding service which is entered on the register of school age services as provided for in Section 58C of the Act.
I declare that I have previously supplied, at registration or renewal of registration, all supporting documentation or evidence required to fulfill the requirements of the registration process as set out in Schedule 3.
I declare that (please tick either (a) or (b)):
□ (a) I have made no material alterations to my registered service which would require a change in the details in relation to the service contained in the register since last registration or last renewal of registration and that the details relating to my service as contained in the register are correct, or
□ (b) all changes made to my registered service since last registration or last renewal of registration have been notified to Tusla in line with Regulation 7 along with relevant supporting documentation and that such changes have been duly approved by Tusla.
I acknowledge that Tusla may carry out any and all checks required in order to verify the information provided in this application form when assessing my suitability to renew registration of my school age service. I acknowledge that Tusla may also assess any information previously provided by me in relation to the school age service or any information or documents held by the Agency in relation to the school age service including information or documents obtained during inspection.
I declare that all of the information that I have provided to Tusla in respect of my application is true and correct to the best of my knowledge and belief.
A. The name below is that of the registered provider/s.
Name: __________________ Signature: ________________________
Name: __________________ Signature: _______________________”
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GIVEN under the Official Seal of the Minister for Children, Equality, Disability, Integration, and Youth,
26 April, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
S.I. No. 387/2023 –
Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2023
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th July, 2023.
I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise of the powers conferred on me by section 58 B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 ) and by the Education and Skills (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. 450 of 2020)) of the Child Care Act 1991 (No. 17 of 1991), after consultation with the Minister for Education and the Minister for Housing, Local Government and Heritage, hereby make the following regulations:
Title and commencement
1. (1) These Regulations may be cited as the (Early Years Services) (Amendment) Regulations 2023.
(2) These Regulations shall come into operation on 1 September 2023.
Interpretation
2. In these Regulations:
“Principal Regulations” means the Child Care Act 1991 (Early Years Services) Regulations 2016 ( S.I. No. 221 of 2016 ) as amended by the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 ( S.I. No. 632 of 2016 ), the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2021 ( S.I. No. 401 of 2021 ) and the Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022 ( S.I. No. 195 of 2022 ).
Amendment of Regulation 9 of the Principal Regulations
3. Regulation 9 of the Principal Regulations is amended –
(a) in paragraph (4), by substitution of “, (6B) and (6C)” for “and (6B)”.
(b) By inserting after paragraph (6B) the following paragraph:
“(6C) Furthermore, paragraph (4) shall not apply before 1 September 2026 to a childminder who-
(a) was previously exempted under paragraph (6B)
and
(b) is in possession of a letter from the Minister confirming that paragraph (4) shall not apply to him or her before that date.
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GIVEN under the Official Seal of the Minister for Children, Equality, Disability, Integration and Youth,
25 July, 2023.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.