The Child Minding and Day Care (Wales) Regulations 2002

Registered person — suitability

4.—(1) A person shall not act as a child minder or provide day care unless the person is suitable to look after children under the age of eight.

(2) A person is not so suitable unless the person—

(a)is an individual who acts as a child minder alone or who provides day care alone or in partnership with one or more persons, and satisfies the requirements set out in paragraph (3); or

(b)in the case of a person providing day care, is an organisation and—

(i)the organisation has given notice to the appropriate office of the National Assembly of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the provision of such day care; and

(ii)that individual satisfies the requirements set out in paragraph (3).

(3) The requirements are that the person—

(a) is of suitable integrity and good character to look after children under the age of eight;

(b)is physically and mentally fit to look after children under the age of eight; and

(c)full and satisfactory information or documentation, as the case may be, is available in relation to the person—

(i)except where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii)where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.

(4) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(5) A person is not suitable to act as a child minder or provide day care if—

(a)the person has been adjudged bankrupt or sequestration of the person’s estate has been awarded and (in either case) the person has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b)the person has made a composition or arrangement with the person’s creditors and has not been discharged in respect of it.