Child Care (Amendment) Act 2024

2024 19

An Act to provide for additional enforcement measures in respect of the provision, in contravention of Part VIIA of the Child Care Act 1991, of prescribed early years services; to confer additional enforcement powers on the Child and Family Agency in respect of those measures; to provide for the regulation of childminding services; to repeal provisions for exemption, in certain cases, from the application of Part VIIA of the Child Care Act 1991 to the care of children; to provide for transitional arrangements; for those and other purposes to amend the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, the Children First Act 2015 and the Childcare Support Act 2018; and to provide for related matters.

[8 July 2024]

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1 Definition

1. In this Act, “Principal Act” means the Child Care Act 1991.

2 Amendment of section 2(1) of Principal Act

(1) of the Principal Act is amended by the insertion of the following definition:

“ ‘personal data’ has the same meaning as it has in the Data Protection Regulation;”.

3 Amendment of section 29(5B) of Principal Act

3. Section 29(5B) of the Principal Act is amended, in paragraph (d), by the deletion of the definition of “personal data”.

4 Amendment of section 58A of Principal Act

4. Section 58A of the Principal Act is amended—

(a) in the definition of “early years service”—

(i) in paragraph (a), by the deletion of “or”,

(ii) in paragraph (b), by the substitution of “service, or” for “service;”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) a childminding service;”,

and

(b) by the insertion of the following definitions:

“ ‘childminding service’ means a service that—

(a) entails an individual taking care, by himself or herself, of children under the age of 15 years, in the home of the individual, and

(b) is provided to children (other than that individual’s own children) for a total period of not less than 2 hours per day;

‘closure order’ has the meaning assigned to it by section 58JD(1);

‘immediate action notice’ has the meaning assigned to it by section 58JB(1);

‘immediate action order’ has the meaning assigned to it by section 58JB(6);

‘improvement notice’ has the meaning assigned to it by section 58JA(1);

‘improvement order’ has the meaning assigned to it by section 58JA(6);

‘premises’ means any premises, or part thereof, where an early years service is provided or is proposed to be provided, including the area immediately surrounding, or adjacent to, such premises which is used in conjunction with such premises, other than any part of that area that is a public place;

‘registered provider’ has the meaning assigned to it by section 58C(2);

‘relevant person’ has the meaning assigned to it by section 58JD(1)(b);

‘temporary prohibition order’ has the meaning assigned to it by section 58JC(1);”.

5 Amendment of section 58B of Principal Act

5. Section 58B of the Principal Act is amended—

(a) in subsection (2)—

(i) in paragraph (e), by the substitution of “early years service,” for “early years service, and”,

(ii) in paragraph (f), by the substitution of “register,” for “register.”, and

(iii) by the insertion of the following paragraphs after paragraph (f):

“(g) prescribe a class or classes of persons who, in the opinion of the Minister, are fit and proper persons—

(i) to be registered providers and to carry on a prescribed early years service,

(ii) to be in charge of a prescribed early years service, or

(iii) to participate in the management of an early years service,

(h) specify the requirements that a member of a class or classes prescribed under subparagraph (i), (ii) or (iii) of paragraph (g) shall satisfy in order to be considered fit and proper persons for the purposes of the subparagraph concerned,

(i) require persons carrying on prescribed early years services to make adequate arrangements, including publication of such arrangements, to make publicly known to the parents and guardians of children attending the service and the persons working in the service any of the following matters—

(i) a decision under section 58D to remove the name of the registered provider from the register,

(ii) a decision under section 58D to attach a condition, or amend or revoke a condition attached, to the registration of the registered provider,

(iii) a decision to issue an improvement notice in respect of the prescribed early years service provided by the registered provider,

(iv) the grant of an improvement order in respect of the prescribed early years service provided by the registered provider,

(v) a decision to issue an immediate action notice in respect of the prescribed early years service provided by the registered provider,

(vi) the grant of an immediate action order in respect of the prescribed early years service provided by the registered provider,

(vii) a decision to issue a temporary prohibition order in respect of a prescribed early years service provided by the registered provider, or

(viii) the grant of a closure order in respect of the prescribed early years service provided by the registered provider,

and

(j) prescribe such particulars, including personal data, of parents and guardians of children attending prescribed early years services, as are necessary and proportionate for the performance by the Agency of its functions under this Part, that shall, at the request of the Agency, be provided to the Agency by registered providers.”,

and

(b) in subsection (3)—

(i) in paragraph (c), by the substitution of “early years services, and” for “early years services.”, and

(ii) by the insertion of the following paragraph after paragraph (c):

“(d) provide for exemptions, from any requirement in regulations under paragraph (i) of subsection (2) to make arrangements to make publicly known any of the matters specified in subparagraphs (i) to (viii) of that paragraph, for different circumstances or classes of circumstances or for different cases or classes of cases.”.

6 Amendment of section 58C(2) of Principal Act

6. Section 58C(2) of the Principal Act is amended by the substitution of “(in this Part referred to as a ‘registered provider’)” for “(“registered providers”)”.

7 Amendment of section 58D of Principal Act

7. Section 58D of the Principal Act is amended—

(a) in subsection (7), by the substitution of “shall” for “may”,

(b) in subsection (9), by the substitution of “may” for “shall” in both places where it occurs,

(c) in subsection (12)(b), by the substitution of “section 58F(1)” for “section 58F”, and

(d) by the insertion of the following subsection after subsection (14):

“(15) Where the Agency proposes to make a decision under this section in respect of a registered provider, it shall, without prejudice to any other legal basis for the exercise of its powers under this section, have regard to—

(a) the issue of an improvement order or an immediate action order in respect of a prescribed early years service provided by the registered provider,

(b) any failure of the registered provider to comply with an order referred to in paragraph (a),

(c) the issue of a temporary prohibition order in respect of a prescribed early years service provided by the registered provider,

(d) the carrying on of activities by the registered provider in contravention of a temporary prohibition order,

(e) any failure of the registered provider to remedy the matters specified in a temporary prohibition order, and

(f) the grant of a closure order in respect of an early years service provided by the registered provider.”.

8 Publication of decisions under Part VIIA

8. The Principal Act is amended by the insertion of the following section after section 58D:

“58DA. (1) The Agency shall make such arrangement as the Agency considers appropriate and necessary to bring any matter specified in subsection (2) to the attention of the public where to do so is in the interests of the health, safety and welfare of children attending early years services.

(2) The following matters are specified for the purposes of subsection (1):

(a) a decision under section 58D to remove the name of a registered provider from the register;

(b) a decision under section 58D to attach a condition, or amend or revoke a condition attached, to a registration;

(c) a decision to issue an improvement notice in respect of a prescribed early years service;

(d) the grant of an improvement order in respect of a prescribed early years service;

(e) a decision to issue an immediate action notice in respect of a prescribed early years service;

(f) the grant of an immediate action order in respect of a prescribed early years service;

(g) a decision to issue a temporary prohibition order in respect of a prescribed early years service;

(h) the grant of a closure order in respect of an early years service.”.

9 Amendment of section 58F of Principal Act

9. Section 58F of the Principal Act is amended—

(a) by the insertion of the following subsections after subsection (2):

“(2A) A registered provider may, within 7 days of the...