Part 3Regulation of Provision of Childcare in England

Chapter 2Regulation of early years provision

Requirements to be met by early years providers

43Welfare requirements

(1)

The matters that may be dealt with by welfare regulations include—

(a)

the welfare of the children concerned;

(b)

the arrangements for safeguarding the children concerned;

(c)

suitability of persons to care for, or be in regular contact with, the children concerned;

(d)

qualifications and training;

(e)

the suitability of premises and equipment;

(f)

the manner in which the early years provision is organised;

(g)

procedures for dealing with complaints;

(h)

the keeping of records;

(i)

the provision of information.

(2)

Before making welfare regulations, the Secretary of State must consult the Chief Inspector and any other persons he considers appropriate.

(3)

Welfare regulations may provide—

(a)

that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and

(b)

that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

In this section “welfare regulations” means regulations under section 39(1)(b).