Offerynnau Statudol Cymru
GOFAL CYMDEITHASOL, CYMRU
PLANT A PHOBL IFANC, CYMRU
IECHYD Y CYHOEDD, CYMRU
Wedi'u gwneud
21 Hydref 2003
Yn dod i rym
22 Hydref 2003
Mae Cynulliad Cenedlaethol Cymru, drwy arfer y pwerau a roddwyd iddo gan adrannau 79E(2) a 104(4) o Ddeddf Plant 1989 a pharagraff 6(2) o Atodlen 9A iddi(1) drwy hyn yn gwneud y Rheoliadau canlynol:
1.—(1) Enw'r Rheoliadau hyn yw Rheoliadau Cofrestru Gofal Cymdeithasol a Gofal Iechyd Annibynnol (Diwygio) (Cymru) 2003 a deuant i rym ar 22 Hydref 2003.
(2) Mae'r Rheoliadau hyn yn gymwys i Gymru.
2.—(1) Diwygir Rheoliadau Cofrestru Gofal Cymdeithasol a Gofal Iechyd Annibynnol (Cymru) 2002(2) fel a ganlyn.
(2) Yn rheoliad 2(1) rhodder y canlynol yn y lle priodol —
““person in charge” means, in relation to the provision of day care, the individual appointed by the registered person as the person in charge of providing actual day care on the premises where the registered person or responsible individual as the case may be, is not or does not intend to be in actual day to day charge of the provisions of day care on the premises;”.
(3) Newidir y canlynol am Reoliad 17 —
“17.—(1) An application for registration shall —
(a)be in writing on a form approved by the National Assembly;
(b)be sent or delivered to the appropriate office of the National Assembly;
(c)be accompanied by a recent photograph of the responsible person of whom the photograph shall be a true likeness;
(d)except where paragraph (2) applies, give full information or documentation, as the case may be, in respect of the matters specified in Schedules 7 and 8 in relation to the applicant and, as the case may be, any person other than the applicant who works for or is intended to work for the applicant in relation to child minding or the provision of day care;
(e)where paragraph (2) applies, give full information or documentation, as the case may be, in respect of each of the matters specified in paragraphs 1(a) and 2 of Schedule 7 and paragraphs 1, 4, 8 and 9 of Schedule 8 in relation to the applicant and, as the case may be, in respect of all the matters specified in Schedules 7 and 8 in relation to any person other than the applicant who works for or is intended to work for the applicant in relation to child minding or the provision of day care, including the person in charge.
(2) This paragraph applies where a person in charge has been appointed.”
(4) Yn Rheoliad 18 ar ôl paragraff (c) rhodder —
“(cc)the name of the person in charge where one has been appointed;”
(5) Dileër paragraff 3 o Atodlen 7.
(6) Yn lle Atodlen 8 rhodder y canlynol —
1. The responsible person’s and the person in charge’s birth certificate.
2. Certificates or other suitable evidence relating to the responsible person’s or the person in charge’s professional or technical qualifications, so far as such qualifications are relevant to looking after children under the age of eight.
3.—(1) Subject to sub-paragraph (2), a report by a general medical practitioner as to whether the responsible person or person in charge is physically and mentally fit to look after children under the age of eight.
(2) Where the responsible person or person in charge is unable to obtain the report referred to in sub-paragraph (1), a statement by the responsible person or person in charge as to the state of his or her physical and mental health.
4. The following documents in relation to the responsible person and the person in charge —
(a)a criminal record certificate—
(i)which has been issued under section 113 of the Police Act 1997; and
(ii)the application for which was countersigned by the National Assembly, including, to the extent permitted under the Police Act 1997, the matters specified in section 113(3A)(a) and (b) and (3C)(a) and (b) of that Act;
(b)an enhanced criminal records certificate—
(i)which has been issued under section 115 of that Act; and
(ii)the application for which was countersigned by the National Assembly,
including, to the extent permitted under the Police Act 1997, the matters specified in section 115(6A)(a) and (b) and (6B)(a) and (b) of that Act.
5. Where the applicant is an organisation, copies of the last two annual reports it was required to produce.
6. Where the organisation is a subsidiary of a holding company, the name and address of the registered or principal office and the last two annual reports (if any) of the holding company and of any other subsidiary of that holding company.
7. The last annual accounts (if any).
8. A certificate of insurance for the applicant in respect of liability which may be incurred by him or her in respect of death, injury, public liability, damage or other loss occurring in relation to the proposed child minding or the provision of day care, as the case may be.
9. Nothwithstanding paragraph 4, where the responsible person or person in charge has applied for a certificate referred to in paragraph 4, but the certificate has not been issued—
(a)a statement confirming that the documents specified in paragraph 4 have been applied for and that the applicant will advise the National Assembly on receipt that they are available for inspection;
(b)a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999 and regulations made under section 218 of the Education Reform Act 1988; and
(c)A police check being a report produced by or on behalf of a chief officer of police or other member of a police force within the meaning of the Police Act 1996 which records, as at the time the report is produced, all criminal offences—
(i)for which the person had been convicted including convictions which are spent within the meaning of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975; or
(ii)in respect of which the person had been cautioned and which, at the time the caution was given, the person admitted.
10.—(1) A statement confirming that—
(a)the documents specified in sub-paragraph (2) have been issued—
(i)in the case of any applicant, to every person, other than the applicant, who works, or is intended to work, for the applicant; and
(ii)where the applicant is an organisation, to the responsible individual, and
(b)the applicant will make the documents so issued available for inspection by the National Assembly if the National Assembly so requires.
(2) The following documents are specified—
(a)if the position in which the person works, or is intended to work, falls within section 113 (3B) of the Police Act 1997, either—
(i)if the position falls within section 115(3) of that Act, an enhanced criminal record certificate issued to the person under section 115 of that Act; or
(ii)in any other case, a criminal record certificate issued to the person under section 113 of that Act,
including the matters specified in, as the case may be, section 115(6A)(a) and (b) or 113(3A)(a) and (b) of that Act;
(b)if the position in which the person works, or is intended to work, does not fall within section 113(3B) of the Police Act 1997, a criminal record certificate issued to the person under section 113 of that Act.”.
Llofnodwyd ar ran Cynulliad Cenedlaethol Cymru o dan adran 66(1) o Ddeddf Llywodraeth Cymru 1998(3)
John Marek
Dirprwy Lywydd y Cynulliad Cenedlaethol
21 Hydref 2003
(Nid yw'r nodyn hwn yn rhan o'r Rheoliadau)
Mae'r Rheoliadau hyn yn diwygio Rheoliadau Cofrestru Gofal Cymdeithasol a Gofal Iechyd Annibynnol (Cymru) 2002 drwy newid y gofynion ar gyfer darparu dogfennau a gwybodaeth mewn perthynas â chofrestru'r person cofrestredig pan benodir person sy'n gyfrifol.
1989 p.41. Mewnosodwyd adran 79E ac Atodlen 9A yn Neddf Plant 1989 gan adran 79 o Ddeddf Safonau Gofal 2000 (p.14). I gael ystyr “prescribed” gweler adran 105(1) o Ddeddf 1989 ac i gael ystyr “regulations” gweler adran 79B(7) o'r Ddeddf honno (fel y'i mewnosodwyd gan adran 79 o Ddeddf 2000).