In exercise of the powers conferred on the Minister for Health by sections 50 and 68 of the Child Care Act, 1991 , (No. 17 of 1991), which said powers are delegated to me by the Health (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 130 of 1995 ), I, AUSTIN CURRIE, Minister of State at the Department of Health, after consultation with the Minister for Education and the Minister for the Environment, hereby make the following Regulations:-

PART 1

Citation

1. These Regulations may be cited as the Child Care (Pre-School Services) Regulations, 1996.

Commencement

2. These Regulations shall come into operation on the 31st day of December, 1996.

Interpretation

3. In these Regulations--

"the Act" means the Child Care Act, 1991 ;

"authorised person" means a person appointed under section 54 of the Act to be an authorised person for the purposes of Part VII of the Act;

"drop-in centre" means a premises in which a pre-school service is used exclusively on an intermittent basis;

"the Minister" means the Minister for Health:

"premises" means a premises, building or part of a building, and any out - offices, yard, garden or land appurtenant thereto or usually enjoyed therewith in which a pre-school service is being or is proposed to be carried on;

"pre-school child" means a child who has not attained the age of six years and who is not attending a national school or a school providing an educational programme similar to a national school;

"pre-school service" means any pre-school, play group, day nursery, crèche, day-care or other similar service which caters for pre-school children, including those grant-aided by health boards;

"record" means any record kept or retained in pursuance of these Regulations including any book, card, form, tape, film, note or any record in permanent form including a record that is not in a legible form but which is capable of being reproduced in a legible form;

"relevant health board" means the health board for the area in which a pre-school service is being or is proposed to be carried on.

PART II

Development of child

4. A person carrying on a pre-school service shall ensure that every pre-school child attending the service has suitable means of expression and development through the use of books, toys, games and other play materials, having regard to his or her age and development.

First-aid

5. There shall be a suitably equipped first-aid box in a premises.

Medical assistance

6. A person carrying on a pre-school service shall ensure that adequate arrangements are in place to summon medical assistance promptly in an emergency.

Adult/child ratios

7. A person carrying on a pre-school service shall ensure that a sufficient number of competent adults are supervising the pre-school children in the service at all times.

Corporal punishment

8. A person carrying on a pre-school service shall ensure that no corporal punishment is inflicted on a pre-school child attending the service.

PART III

Notice to be given by person carrying on a pre-school service

9. (1) A person carrying on a pre-school service on the commencement of these Regulations shall, no later than six months from the date of such commencement, give notice in writing together with the required fee to the relevant health board.

(2) A notice under sub-article (1) of this article shall be in the form set out in the Schedule to these Regulations or in a form to the like effect which shall contain all the particulars specified in that form.

Notification of change in circumstances

10. (1) A person carrying on a pre-school service shall, within 28 days, notify in writing the relevant healthboard of any change in the particulars contained in the notice given by that person in the Schedule to these Regulations or in a form to the like effect in accordance with Article 9 of these Regulations.

(2) A person who ceases to carry on a pre-school service shall, within 14 days of the cessation of the service, give notice in writing to the relevant health board.

Notice to be given by person proposing to carry on pre-school service

11. (1) Where, on or after the commencement of these Regulations, a person proposes to carry on a pre-school service that person shall, at least 28 days before the commencement of the service, give notice in writing together with the required fee to the relevant health board.

Number of children who may be catered for in premises

12. (1) Where the relevant health board proposes to fix the maximum number of pre-school children who may be catered for at the same time in a premises in which a pre-school service is being carried on, the board shall notify in writing the person carrying on the service of its proposal and of the reasons for it and the notification shall include a statement that the person concerned may make representations to the board within 21 days of the receipt by that person of the notification.

(2) A person carrying on a pre-school service who has been notified of a proposal under sub-article (1) of this article may, within 21 days of the receipt of the notification, make representations in writing to the health board concerned and the board shall -

(i) before deciding the matter, take into consideration any representations duly made to it under this sub-article in relation to the proposal, and

(ii) notify the person in writing of its decision and of the reasons for it.

PART IV

13. (1) Subject to sub-article (3) of this article a person carrying on a pre-school service shall keep a register and shall enter in the register the following particulars in respect of each pre-school child attending the service --

(a) the name and date of birth of the pre-school child,

(b) the date on which the pre-school child first attended the service,

(d) the name and address of a parent or guardian of the pre-school child and, where the same is available, a telephone number where that parent or guardian or a relative or friend of such child can be contacted during the hours of operation,

(e) authorisation for the collection of the pre-school child,

(f) details of any illness, disability or allergy suffered by a pre-school child, together with all the notes relevant to the provision of special care or attention,

(g) the name and telephone number of the pre-school child's general practitioner, and

(h) record of immunisations, if any, received by the pre-school child.

(2) The register shall be open to inspection by --

(a) a parent or guardian of a pre-school child attending the service but only in respect of information entered in the register concerning that child,

(b) a person working in the pre-school service who is authorised in that behalf by the person carrying on the service, and

(3) It shall not be necessary for a person carrying on a pre-school service in a drop-in centre to enter in the register the particulars referred to in sub-article (1) (b), (c) and (h) of this article.

Records

14. (1) A person carrying on a pre-school service shall keep a record in writing of the following information in relation to the service --

(a) the name, position, qualifications and experience of the person in charge and of every other person working in the service,

(b) details of attendances by a pre-school child on a daily basis,

(d) details of the maximum number of pre-school children catered for,

(e) details of the staff/child ratios in the service,

(f) details of any medicine administered to a pre-school child attending the service,

(g) the type of care or programme provided,

(h) details of any accident or injury involving a pre-school child attending the service,

(i) the facilities available, and

(j) the opening hours and fees.

(2) The record referred to in sub-article (1) of this article shall be open to inspection by --

(a) a parent or guardian of a pre-school child attending the service but only in respect of information entered in the register concerning that child,

(b) a person working in the pre-school service who is authorised in that behalf by the person carrying on the service, and

Information for parents

15. A person carrying on a pre-school service shall provide a parent or guardian of a pre-school child proposing to attend the service with the information referred to in article 14 (1) (a), (d), (e), (g), (i), and (j) of these Regulations.

Record of fire procedures

16. (1) A person carrying on a pre-school service shall keep a record in writing of --

(a) all fire drills which take place in the premises, and

(b) the number, type and maintenance record of fire fighting equipment in the premises.

(2) The record referred to in sub-article (1) of this article shall be open to inspection by --

(a) a parent or guardian of a pre-school child attending or proposing to attend the service,

(b) every person working in the service, and

(3) A notice of the procedures to be followed in the event of fire shall be displayed in a conspicuous position in the premises.

Copy of Act and Regulations

17. A person carrying on a pre-school service shall keep a copy of Part VII of the Act and of these Regulations on the premises and the said copies shall be made available on demand for inspection by --

(a) a parent or guardian of a pre-school child attending or proposing to attend the service,

(b) every person working in the service, and

PART V

Premises and facilities

18. A person carrying on a pre-school service shall ensure that --

(a) the premises are of sound and stable structure and are suitable for the purposes of providing a pre-school service,

(b) adequate space per child is provided in the premises,

(c) the premises, fixtures and fittings are kept in a proper state of repair and in a clean and hygienic condition and are protected from infestation, and

(d) furniture and work or play surfaces are suitable, in a proper state of repair and non-toxic, and that all reasonable precautions are taken to ensure that they are not a source of infection.

Heating

19. A person carrying on a pre-school service shall ensure that --

(a) the premises are adequately heated throughout with suitable means of heating from the time of occupancy of the premises to the end of the daily occupancy, having regard to the needs of the pre-school children attending the service, and

(b) heating system liable to emit into the premises offensive or harmful gases, fumes or odours is not permitted.

Ventilation

20. A person carrying on a pre-school service shall ensure that suitable and adequate means of ventilation is provided in the premises.

Lighting

21. A person carrying on a pre-school service shall ensure that suitable and adequate lighting is provided in the premises.

Sanitary accommodation

22. A person carrying on a pre-school service shall ensure that adequate and suitable sanitary facilities are provided within the building.

Drainage and sewage disposal

23. A person carrying on a pre-school service shall ensure that suitable and effective means of drainage and sewage disposal are provided to the premises.

Waste storage and disposal

24. A person carrying on a pre-school service shall ensure that all waste and other refuse is stored hygienically and disposed of frequently and in such a manner as not to cause a nuisance.

Equipment and materials

25. A person carrying on a pre-school service shall ensure that --

(a) play and work equipment and materials are suitable and non-toxic and are maintained in a clean and hygienic condition,

(b) suitable and secure storage facilities are provided for unsafe, toxic, dangerous or hazardous materials, substances or equipment, and

Food

26. (1) A person carrying on a pre-school service shall ensure that suitable, sufficient, nutritious and varied food is available for a pre-school child attending the service on a full-time basis.

(2) Where food is consumed on the premises by a pre-school child, the person carrying on the pre-school service shall ensure that --

(a) adequate and suitable facilities for the storage, preparation, cooking and serving of food, and

(b) adequate and suitable eating utensils, hand washing, wash-up and sterilising facilities

are provided.

Safety measures

27. (1) A person carrying on a pre-school service shall take all reasonable measures to safeguard the health, safety and welfare of pre-school children attending the service and in particular shall ensure that--

(a) adequate arrangements are in place for extinguishing fires, for the giving of warnings and for the evacuation of all pre-school children in the premises in the event of fire, and for the maintenance and use of fire fighting equipment,

(b) adequate arrangements are in place to ensure that the staff and, as far as is practicable, the pre-school children in the premises know the evacuation and other procedures to be followed in the event of fire,

(c) materials contained in bedding and the internal furnishings of the premises have adequate fire retardancy properties and have low levels of toxicity when on fire,

(d) all heat emitting surfaces are protected by a fixed guard or are thermostatically controlled to ensure safe surface temperatures,

(e) any garden or external play area is so fenced and doors and gates are so secured as to prevent pre-school children gaining unsupervised access to a roadway or other source of danger and to prevent unauthorised access to the garden or external play area,

(f) ponds, pits and other hazards in any garden or external play area are so fenced as to ensure the safety of a pre-school child attending the service, and

(g) hot water provided for use by pre-school children is thermostatically controlled to ensure a safe temperature.

Facilities for rest and play

28. A person carrying on a pre-school service shall ensure that

(a) adequate and suitable facilities for a pre-school child to rest during the day are provided, and

(b) adequate and suitable facilities for a pre-school child to play indoors and outdoors during the day are provided,

having regard to the number of pre-school children attending the service, their age and the amount of time they spend in the premises.

PART VI

Furnishing of Information to health board

29. A person carrying on a pre-school service shall furnish the relevant health board with such information as the board may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form (if any) as may be specified by the board.

Insurance

30. A person carrying on a pre-school service shall ensure that each pre-school child attending the service is adequately insured against injury while attending the service.

Annual fees

31. (1) Subject to sub-article 4 of this article, a person carrying on a pre-school service shall pay to the relevant health board an annual fee towards the cost of inspections under Part VII of the Act and the amount of such fee shall be --

(a) where the service provided does not exceed 3.5 hours in the day -- £25, and

(b) in all other cases -- £50

(2) The relevant health board shall, as near as may be to the first anniversary of the notification referred to in articles 9 and 11 of these Regulations, and annually thereafter, notify the person carrying on a pre-school service of the annual fee to be paid to it by that person.

(3) The person carrying on a pre-school service shall, within 28 days of the receipt by him or her of a notification under sub-article (2) of this article, pay the relevant health board the fee specified in the notification.

(4) The relevant health board may exempt from a fee a person carrying on a pre-school service in which no pre-school child is maintained for profit.

Inspection

32. (1) A relevant health board shall, following an inspection by an authorised person, furnish a report in writing to the person carrying on the pre-school service of the outcome of the inspection.

(2) Subject to sub-article (1) of this article the relevant health board shall take such steps as are necessary to enforce these Regulations in relation to the pre-school service concerned.

Enforcement and execution

33. These Regulations shall be enforced and executed in the functional area of each health board by that health board.

EXPLANATORY NOTE

These Regulations set out various requirements to be complied with by persons carrying on pre-school services for the purpose of securing the health, safety and welfare and promoting the development of pre-school children.

SCHEDULE

Notification to health board by a person carrying on or proposing to carry on a pre-school service.

I ................................................... of ........................................................ hereby give notice
to the .................................................... Health Board that I am carrying on/it is my intention to
carry on a pre-school service ( delete as appropriate) situated at:--

Address



Telephone No:
Type of facility -- Please tick as appropriate
Sessional Day Care

Full Day Care

Child Minding

Drop-in Centre

Personal Details

1. If an individual is carrying on the pre-school service please complete (a) and (b), where appropriate.

(a) State full name, previous name(s), date of birth, address and telephone number

Name

Previous Name(s)

Date of Birth

Address

Telephone No:

(b) If you will be employing someone to operate the pre-school service on your behalf, state full name, previous name(s), address and telephone number of that person

Name

Previous Name(s)

Date of Birth

Address

Telephone No:

2. If the pre-school service is provided by an organisation such as a voluntary group, company or other body:

(a) State the name of the organisation, full name of the person acting on behalf of the organisation and address and telephone number of that person

Name of Organisation

Name

Address

Telephone No:

(b) State full name and private address of person responsible for operating the service

Name

Previous Name(s)

Address

Telephone No:

(c) In the case of a registered company, the registered office and the name of the Company Secretary should also be given.

Registered Office

Company Secretary Name

3. Information to be given about the person carrying on the pre-school service (as in 1 or 2(b) as appropriate).

(a) Relevant Qualification (title and date of qualification, name of organisation granting qualification).

Qualification

Name of Organisation

Address of Registered Office of Organisation

(b) relevant experience including previous voluntary or paid work with children.

Insert details here (use additional sheet, if necessary)

4. Description of facilities - whether premises is domestic or otherwise.

	Domestic	Other than Domestic
(a) Full Day Care

Sessional Day Care

Child Minding

Drop-in-Centre

(b) State the number of children catered for in the premises

State the number of staff employed

5. The following documentation should be enclosed with this notification:--

(a) appropriate fee or request for waiver under Article 31. (4) of the Child Care (Pre-School Services) Regulations, 1996, and

(b) written confirmation from a chartered engineer or a properly and suitably qualified architect with experience in fire safety design and management that the relevant statutory requirements relating to fire safety have been complied with.

6. Declaration

I declare that all of the information set out in this notice is correct.

Signed ______________________

Date________________________

Dated this 18 day of Dec. 1996

Austin Currie

Minister of State at the Department of Health

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 398/1996 -- Child Care (Pre-School Services) Regulations, 1996