Regs for child minders and day care (Wales) CA 1989 s. 79C
CA 1989 s. 79C empowers the Welsh Assembly to regulate child minders and day care providers in Wales, with offences punishable by a level 5 fine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales. The regulations under this section may deal with the following matters (among others)— the welfare and development of the children concerned; suitability to look after, or be in regular contact with, children under the age of eight; qualifications and training; the maximum number of children who may be looked after and the number of persons required to assist in looking after them; the maintenance, safety and suitability of premises and equipment; the keeping of records; the provision of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the regulations require any person (other than the Assembly ) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account— by the Assembly in the exercise of its functions under this Part, or in any proceedings under this Part. Regulations may provide— that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Welsh Assembly the power to make regulations for people registered as child minders or day care providers in Wales. The regulations can cover a range of things including the welfare of children, the suitability of the carer, qualifications and training, how many children can be looked after, the safety of premises and equipment, record keeping, and providing information.
The regulations can also say that if someone does not follow the required standards, that failure can be considered by the Assembly when exercising its functions under this Part, or in legal proceedings.
The regulations may create criminal offences for registered persons who, without reasonable excuse, break the regulations. Anyone guilty of such an offence is liable on summary conviction to a fine of up to level 5 on the standard scale.
When it applies
- A child minder in Wales is found to have more children than the regulations allow.
- A day care provider fails to maintain safe premises as required by the regulations.
- A registered person does not have the qualifications prescribed by the regulations.
- A child minder does not keep records of children's attendance as required.
- A day care provider fails to provide information to parents as required by the regulations.
What this section does not say
- Direct requirements for child minders (these are set out in regulations made under this section, not in s.79C itself).
- Application to England (child minding in England is covered by other provisions, e.g., s.79Q).
- Disqualification of persons (dealt with in s.65 and s.68).
- Emergency protection orders (covered by s.79K).
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This page reproduces the text of CA 1989 s. 79C in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.