The Child Minding and Day Care (Wales) Regulations 2002

PART I —GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Child Minding and Day Care (Wales) Regulations 2002 and shall come into force on 1st April 2002.

(2) These Regulations apply in relation to persons who act as child minders or provide day care on relevant premises in Wales.

Interpretation

2.—(1) In these Regulations unless the context otherwise requires—

• “the Act”(“y Ddeddf”) means the Children Act 1989;

• “appropriate office”(“swyddfa briodol”) means—

  (a)

  if an office has been specified under paragraph (2) in relation to any relevant premises, that office;

  (b)

  in any other case, any office of the National Assembly;

• “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “national minimum standards” (“safonau gofynnol cenedlaethol”) means the standards set out in the statements of national minimum standards;

• “open access play provision” (“darpariaeth chwarae mynediad agored”) means the provision of day care which does not require

  (a)

  a prior arrangement by the registered person to provide such care; or

  (b)

  that children are escorted by a parent or other responsible person to and from the relevant premises;

• “organisation”(“corff”) means a body corporate;

• “person in charge” (“person sy'n gyfrifol”) means in relation to day care the individual appointed by the registered person as the person in charge of providing actual day care on the premises;

• “registered person” (“person cofrestredig”) means a person registered under Part XA of the Act as a child minder or a provider of day care;

• “relevant child” (“plentyn perthnasol”) means a child in relation to whom a registered person acts as a child minder or, as the case may be, to whom day care is provided by a registered person;

• “relevant premises” (“safle perthnasol”) means premises on which a registered person acts as a childminder or, as the case may be, day care is provided by a registered person;

• “responsible individual” (“unigolyn cyfrifol”) has the meaning given to it in regulation 4;

• “statements of national minimum standards” (“datganiadau safonau gofynnol cenedlaethol”) means the statements of national minimum standards described in Schedule 1 which were made by the National Assembly on the date of making of these Regulations;

• “statement of purpose” (“datganiad o ddiben”) means the statement compiled in accordance with regulation 3(1).

(2) The National Assembly may specify an office controlled by it as the appropriate office in relation to relevant premises situated in a particular area of Wales.

(3) In these Regulations a reference—

(a)to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b)in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(4) In these regulations, unless the contrary intention appears, references to employing a person include employing a person whether or not for payment, and whether under a contract of service, a contract for services or otherwise than under a contract, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.

Statement of purpose

3.—(1) The registered person shall compile in relation to the child minding or provision of day care for which the person is registered, a statement on paper (“the statement of purpose”) which shall consist of—

(a)a statement of aims and objectives;

(b)a statement as to the age-range, sex and number of children for whom care is intended to be provided by the registered person and as to the range of needs that the person intends to meet;

(c)a statement as to the facilities and services to be provided or made available to relevant children;

(d)a statement as to the activities to be provided and as to the language or languages through which the activities will be provided; and

(e)a statement of the terms and conditions upon which care is provided to relevant children when the registered person acts as a child minder or provides day care, as the case may be.

(2) Subject to paragraph (3) the registered person shall ensure that he or she acts as a child minder or day care is provided, as the case may be, in a manner which is consistent with the statement of purpose.

(3) Nothing in paragraph (2) or in regulation 20 shall require or authorise the registered person to contravene or not comply with—

(a)any other provision of these Regulations; or

(b)the conditions for the time being in force in relation to the registration of the registered person under Part XA of the Act.

(4) The registered person shall—

(a)keep under review, and, where appropriate, revise the statement of purpose; and

(b)whenever practicable notify the appropriate office of the National Assembly of any such revision at least 28 days before it is to take effect.