Regulation 22 Amendments to the Childcare (General Childcare Register) Regulations 2008

(1)

Schedule 3 is amended as follows.

(2)

After paragraph 1 insert—

“1A.

The later years provider ensures, so far as is reasonably practicable, that every person caring for the children for whom the later years provision is provided is alert to any indications that a child may be suffering from harm.”.

(3)

In paragraph 2—

(a)

for sub-paragraph (2), substitute—

“(2)
When later years provision (other than later years childminding) is being provided—

(a)
a sufficient number of persons is present at all times on the relevant premises to ensure the safety and welfare of the children for whom the later years provision is provided, but such number must not be less than one person caring for every thirty children,

(b)
at least one such person is the later years provider, the manager, or a person who works for the later years provider caring for the children for whom the later years provision is provided, and

(c)
at least one such person (which may be the person required to be present by paragraph (2)(b)) has an appropriate first aid qualification.”; and

(b)

omit sub-paragraph (3).

(4)

In paragraph 3, for “has not attained the age of 18” substitute “has not attained the age of 17”.

(5)

In paragraph 6—

(a)

the existing paragraph is renumbered as sub-paragraph (1); and

(b)

after that sub-paragraph, insert—

“(2)
The later years provider provides, or secures the provision of, training to every person caring for the children for whom the later years provision is provided on the procedures set out in the written statement.”.

(6)

After paragraph 6 insert—

“6A.

(1)

A person is designated to—

(a)
have particular responsibility for ensuring the welfare and safety of the children for whom the later years provision is provided,

(b)
provide support and guidance in relation to child protection matters to any person who cares for the children for whom the later years provision is provided,

(c)
attend child protection training (in addition to the training described in sub-paragraph 6(2)) designed to enable the person to identify and act on any indications that a child may be suffering from harm, and

(d)
liaise with any Local Safeguarding Children Board (as established under section 13 of the Children Act 2004^f1) and any director of children’s services (within the meaning given by section 18 of that Act^f2).

(2)
When later years childminding is provided, the designated person must be the later years childminder, and when later years provision (other than later years childminding) is provided, the designated person must be the later years provider, the manager, or any person who works for the later years provider caring for the children for whom the later years provision is provided.”.

(7)

In paragraph 8—

(a)

in sub-paragraph (1)(a), at the end add “and”;

(b)

for sub-paragraph (1)(b), substitute—

“(b)
has a sufficient command of the English language to ensure the welfare and safety of the children for whom the later years provision is provided.”; and

(c)

omit sub-paragraphs (1)(c) and (1)(d).

(8)

For paragraph 11, substitute—

“11.

The later years provider provides, or secures the provision of, any training which, in the opinion of the later years provider, is necessary to ensure that the persons caring for the children for whom the later years provision is provided have the skills and experience suitable to care for such children.”.

(9)

In paragraph 12—

(a)

at the end of paragraph (b) omit “and”; and

(b)

after paragraph (c) insert—

“(d)
where food is provided, the premises have suitable facilities for the preparation of the food,

(e)
the premises have toilet and hand washing facilities sufficient in number for, and suitable for use by, the children for whom the later years provision is provided, and

(f)
the premises provide access to a secure outdoor space or, where this is not practicable, reasonable arrangements are made for activities to take place outdoors.”.

(10)

For paragraph 13, substitute—

“13.

All necessary measures are taken to minimise any risks to the health or safety of the children for whom the later years provision is provided, and of any person who works for the later years provider caring for such children, arising from the relevant premises (including the means of access to and exit from those premises), the equipment used for the purposes of the later years provision and the activities provided.”.

(11)

After paragraph 13 insert—

“Food provided for children

13A

(1)

Any food and drink provided to the children for whom the later years provision is provided is properly prepared, wholesome and nutritious.

(2)

The children for whom the later years provision is provided have access to drinking water.”.

(12)

Omit paragraph 16.

(13)

In paragraph 17—

(a)

for “section 1(1) of the Disability Discrimination Act 1995”, substitute “section 6(1) of the Equality Act 2010^f3”; and

(b)

for “section 21 of the Disability Discrimination Act 1995 (duty of service providers to make adjustments)”, substitute “section 20(4) of the Equality Act 2010 (duty to make adjustments)”.

(14)

In paragraphs 18(1)(e), 24(d), 25(1) and 26, in each place where it occurs, for “Chief Inspector” substitute “relevant person”.

(15)

In paragraph 28, after “section 56” insert “, section 56A”.

(16)

In paragraph 29, after “section 69” insert “or section 69A”.

Annotations

Footnotes

f1: 2004 c. 31. Section 13 was amended by S.I. 2010/1158, Schedule 2, Part 2, paragraph 55 and by section 196 of the 2009 Act.
f2: Section 18 was amended by S.I. 2010/1158, Schedule 2, Part 2, paragraph 55, by section 194 of the 2009 Act, by the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, paragraph 266 and by the Further Education and Training Act 2007 (c. 25), Schedule 2.
f3: 2010 c. 15.