Statutory Instruments made by the National Assembly for Wales

"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.

(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.

(a) promote and make proper provision for the welfare of relevant children; and

(b) make proper provision for the care, education, supervision and, where appropriate, treatment, of relevant children.

    (2) The registered person shall, for the purpose of providing care to relevant children and making proper provision for their welfare, so far as practicable, ascertain and take into account their wishes and feelings.

    (3) The registered person shall make suitable arrangements to ensure that while relevant children are under the care of the person - 

(a) their privacy and dignity is respected;

(b) due regard is paid to their sex, religious persuasion, racial origin, cultural and linguistic background and any disability affecting them.

(a) the statement of purpose and the number and needs (including any needs arising from any disability) of the relevant children, and

(b) the need to safeguard and promote their health and welfare,

(a) maintain and, whilst relevant children are being cared for by the registered person, keep at the relevant premises, records in relation to the matters specified in Schedule 3;

(b) preserve every entry in the records specified in paragraphs 1 to 9 of that Schedule for a period of three years from the date on which the last entry was made; and

(c) make the records available for inspection by the National Assembly at its request.

(a) adequately lit, heated and ventilated;

(b) secure from unauthorised access;

(c) suitably furnished and equipped;

(d) of sound construction and kept in good structural repair externally and internally;

(e) clean and reasonably decorated and maintained; and

(f) equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from the disability of any relevant child.

    (3) The registered person shall ensure that the relevant premises are kept free from offensive odours and shall make suitable arrangements for the disposal of general and clinical waste.

    (4) The registered person shall ensure that when care is provided in indoor premises there are available on the relevant premises for use by relevant children in conditions of appropriate privacy - 

(a) a sufficient number of wash basins supplied with hot and cold running water, and

(b) a sufficient number of lavatories which are suitable for relevant children,

" National Minimum Standards for Child Minders"

National Minimum Standards for Full Day Care"

National Minimum Standards for Out of School Care"

National Minimum Standards for Creches"

National Minimum Standards for Sessional Care"

National Minimum Standards for Open Access Play Provision"

(a) any person looking after children on the relevant premises, or

(b) any person living or employed on those premises.

    (2) The information to be provided is the new person's date of birth, full name, and former names or aliases and home address.

     2.  - (1) In the case of day care, a change of the following persons - 

(a) any person in charge,

(b) anyone looking after children on the relevant premises,

(c) anyone living or working on those premises (provided that persons are not to be treated as working on the premises for the purposes of this paragraph if none of their work is done in the part of the premises in which children are looked after or if they do not work on the premises at times when children are looked after there), and

(d) where the day care is provided by a partnership, committee or corporate or unincorporate body, the Chairman, Secretary, Treasurer (or person holding a comparable position in the organisation).

    (2) The information to be provided is the new person's date of birth, full name, any former names or aliases used by them and home address.

     3. Any change in the name or home address of the registered person or those persons described in paragraph 1(1) or paragraph 2(1)(a) to (c).

     4. Any change in the type of care provided by a registered person.

     5. Any change in the address of the relevant premises.

     6. In the case of day care, any change in the facilities to be used for day care on the relevant premises, including changes to the number of rooms, their functions, the numbers of lavatories and washbasins, any separate facilities for adult workers and access to the premises for cars.

     7. Any change in the hours during which day care or child minding is provided.

     8. The outbreak at the relevant premises of any infectious disease which in the opinion of any registered medical practitioner attending a child or other person at the premises is sufficiently serious to be so notified or of any serious injury to, or serious illness of, or the death of, any child or other person on the premises.

     9. Any allegations of serious harm against a child committed by any person looking after relevant children at the premises, or by any person living, working or employed on the premises, or any abuse alleged to have taken place on the premises.

     10. Any other event which may affect the suitability of the registered person to look after children or the suitability of any person living, working or employed on the premises to be in regular contact with children.

     11. Any other significant event which is likely to affect the welfare of any child on the premises.