The Child Minding and Day Care (Wales) Regulations 2010

Regulations 3, 6, 8, 20 and 28

SCHEDULE 1 E+W PRESCRIBED REQUIREMENTS FOR REGISTRATION UNDER PART 2 OF THE MEASURE

Interpretation E+W

1.  In this Schedule “ applicant” means—

(a) a person who is applying for registration as a child minder or a provider of day care under Part 2 of the Measure; and

(b) where the context requires, a person who is registered under Part 2 of the Measure as a child minder or provider of day care.

PART 1 E+W Prescribed requirements for registration: child minding

Requirements relating to the applicant E+W

2.  The applicant is of suitable integrity and good character to look after children [F1 under the age of twelve].

Textual Amendments

F1 Words in Sch. 1 para. 2 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(a)

3.  The applicant is not disqualified. E+W

4.  The applicant has the qualifications, skills and experience necessary to look after children [F2 under the age of twelve]. E+W

Textual Amendments

F2 Words in Sch. 1 para. 4 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(a)

5.  The applicant is physically and mentally fit to look after children [F3 under the age of twelve]. E+W

Textual Amendments

F3 Words in Sch. 1 para. 5 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(a)

[F4 6.   The applicant has provided to the Welsh Ministers an enhanced criminal record certificate.] E+W

Textual Amendments

F4 Sch. 1 para. 6 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(b)

7.  Where appropriate M1 , the applicant is registered with the ISA and the applicant has supplied their ISA registration number to the Welsh Ministers. E+W

Marginal Citations

M1 The requirement for persons undertaking regulated activity in child care settings to register with the ISA under the Vetting and Barring Scheme is being introduced incrementally in accordance with Regulations made under the Safeguarding Vulnerable Groups Act 2006 (c. 47). In this respect the term “where appropriate” is to be interpreted in accordance with a person's requirement to register with the ISA explained in the Vetting and Barring Scheme Guidance issued by the Home Office in March 2010 (ISBN - 978 - 1 - 84987 - 2020 7).

Requirements relating to other persons : staff E+W

8.  Every person (other than the applicant) who looks after or is to look after relevant children is of suitable integrity and good character to look after children [F5 under the age of twelve].

Textual Amendments

F5 Words in Sch. 1 para. 8 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(c)

9.  Every person mentioned in paragraph 8 has the qualifications, skills and experience necessary to look after children [F6 under the age of twelve]. E+W

Textual Amendments

F6 Words in Sch. 1 para. 9 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(c)

10.  Every person mentioned in paragraph 8 is physically and mentally fit to look after children [F7 under the age of twelve]. E+W

Textual Amendments

F7 Words in Sch. 1 para. 10 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(c)

11.  An enhanced criminal record certificate has been obtained in respect of every person mentioned in paragraph 8. E+W

12.  Where appropriate, each person mentioned in paragraph 8 is registered with the ISA and each such person has provided their ISA registration number to the applicant. E+W

Requirements relating to other persons: all other persons E+W

13.— [F8 (1) Every person (other than the applicant or a person mentioned in paragraph 8) who has attained the age of 16 and who—

(a) lives on the relevant premises,

(b) works on the relevant premises, or

(c) is otherwise present on the relevant premises and has, or is likely to have, regular contact with relevant children,

is of suitable integrity and good character to have contact with children.]

(2) For the purposes of sub-paragraph (1)(b) a person who works on the relevant premises includes a person who works on a voluntary basis.

(3) Where appropriate, an enhanced criminal record certificate has been obtained in respect of every person mentioned in sub-paragraph (1).

(4) Where appropriate, each person mentioned in sub-paragraph (1) is registered with the ISA and each such person has provided their ISA registration number to the applicant.

Textual Amendments

F8 Sch. 1 para. 13(1) substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 9(d)

PART 2 E+W Prescribed requirements for registration: providers of day care

Requirements relating to the applicant: an individual E+W

14.  This paragraph and paragraphs 15 to 20 apply, where the applicant is an individual.

15.  The applicant is of suitable integrity and good character to look after children [F9 under the age of twelve]. E+W

Textual Amendments

F9 Words in Sch. 1 para. 15 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(a)

16.  The applicant is not disqualified. E+W

17.  The applicant has the qualifications, skills and experience necessary to look after children [F10 under the age of twelve]. E+W

Textual Amendments

F10 Words in Sch. 1 para. 17 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(a)

18.  The applicant is physically and mentally fit to look after children [F11 under the age of twelve]. E+W

Textual Amendments

F11 Words in Sch. 1 para. 18 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(a)

[F12 19.   The applicant has provided to the Welsh Ministers an enhanced criminal record certificate.] E+W

Textual Amendments

F12 Sch. 1 para. 19 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(b)

20.  Where appropriate, the applicant has registered with the ISA and the applicant has supplied their ISA registration number to the Welsh Ministers. E+W

Requirements relating to the responsible individual where the applicant is an organisation E+W

21.  Where the applicant is an organisation and has nominated an individual to be the responsible individual—

(a) the responsible individual is of suitable integrity and good character to look after children [F13 under the age of twelve]; or

(b) where a person in charge has been appointed, the person in charge is of suitable integrity and good character to be in regular contact with children [F14 under the age of twelve].

Textual Amendments

F13 Words in Sch. 1 para. 21(a) substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(c)

F14 Words in Sch. 1 para. 21(b) substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(c)

22.  The responsible individual has the qualifications, skills and experience necessary for the role they perform in relation to the looking after of children [F15 under the age of twelve]. E+W

Textual Amendments

F15 Words in Sch. 1 para. 22 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(c)

23.  The responsible individual is physically and mentally fit to undertake his or her role in relation to the looking after of children [F16 under the age of twelve]. E+W

Textual Amendments

F16 Words in Sch. 1 para. 23 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(c)

[F17 24.   The applicant has provided to the Welsh Ministers an enhanced criminal record certificate in respect of the responsible individual.] E+W

Textual Amendments

F17 Sch. 1 para. 24 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(d)

25.  Where appropriate, the responsible individual has registered with the ISA and the applicant has supplied to the Welsh Ministers that person's ISA registration number. E+W

Requirements relating to the person in charge E+W

26.  This paragraph and paragraphs 27 to 31 apply where an applicant has appointed or intends to appoint a person to be in full day to day charge of the provision of day care on the premises (“the person in charge”).

27.  The person in charge is of suitable integrity and good character to look after children [F18 under the age of twelve]. E+W

Textual Amendments

F18 Words in Sch. 1 para. 27 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(e)

28.  The person in charge has the qualifications, skills and experience necessary to look after children [F19 under the age of twelve]. E+W

Textual Amendments

F19 Words in Sch. 1 para. 28 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(e)

29.  The person in charge is physically and mentally fit to look after children [F20 under the age of twelve]. E+W

Textual Amendments

F20 Words in Sch. 1 para. 29 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(e)

[F21 30.   The applicant has provided to the Welsh Ministers an enhanced criminal record certificate in respect of the person in charge.] E+W

Textual Amendments

F21 Sch. 1 para. 30 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(f)

31.  Where appropriate, the person in charge has registered with the ISA and the applicant has supplied to the Welsh Ministers that person's ISA registration number. E+W

Requirements relating to other persons: staff E+W

32.  Every person (other than the applicant or a person mentioned in paragraphs 21 or 26) who is looking after or is to look after relevant children is of suitable integrity and good character to look after children [F22 under the age of twelve].

Textual Amendments

F22 Words in Sch. 1 para. 32 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(g)

33.  Every person mentioned in paragraph 32 has the qualifications, skills and experience necessary to look after children [F23 under the age of twelve]. E+W

Textual Amendments

F23 Words in Sch. 1 para. 33 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(g)

34.  Every person mentioned in paragraph 32 is physically and mentally fit to look after children [F24 under the age of twelve]. E+W

Textual Amendments

F24 Words in Sch. 1 para. 34 substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(g)

35.  An enhanced criminal record certificate has been obtained in respect of every person mentioned in paragraph 32. E+W

36.  Where appropriate, every person mentioned in paragraph 32 has registered with the ISA and each such person has supplied their ISA registration number to the applicant. E+W

Requirements relating to other persons: all other persons E+W

37.— [F25 (1) Every person (other than the applicant or a person mentioned in paragraph 21, 26 or 32) who has attained the age of 16 and who—

(a) lives on the relevant premises,

(b) works on the relevant premises, or

(c) is otherwise present on the relevant premises and has, or is likely to have, regular contact with relevant children,

is of suitable integrity and good character to have contact with children.]

(2) For the purposes of sub-paragraph (1)(b) person who works on the relevant premises includes a person who works on a voluntary basis.

(3) Where appropriate, an enhanced criminal record certificate has been obtained in respect of every person mentioned sub-paragraph (1).

(4) Where appropriate, each person mentioned in sub-paragraph (1) is registered with the ISA and each such person has provided their ISA registration number to the applicant.

Textual Amendments

F25 Sch. 1 para. 37(1) substituted (1.4.2016) by The Child Minding and Day Care (Wales) (Amendment) Regulations 2016 (S.I. 2016/87), regs. 1(2), 10(h)