Childcare Act 1991 (Early Years Services) Regulations 2016

These Regulations come into operation on 30 June 2016. The Minister for Children and Youth Affairs, in the exercise of the powers conferred on him by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) of the Child Care Act 1991 (No.17 of 1991), after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government.
This provides the legal framework within which regulations can be drawn up for the supervision of pre-school services. 

Pre-school child:  a child under six years of age who is not attending a national school or school providing an educational programme similar to like a national school.

Pre-school service:  any pre-school, playgroup, day nursery, crèche, daycare or other similar services which caters for pre-school children.  These include sessional, full time and drop-in services.

The main provisions of the Act which relate to pre-school services are the following:

Ø  Pre-school providers are obliged to notify local Health Service Executive (HSE) that they are operating or intend to operate a pre-school service.
Ø  Pre-school providers have a duty to take all reasonable measures to safeguard the health, safety and welfare of children attending the service.
Ø  HSE regions are obliged to supervise and inspect pre-school services.
Ø  HSE regions are obliged to provide information on pre-school services.
Ø  Regulations drawn up under the Act must be complied with.

The following services are excluded from the provisions of the Act:

Ø  Where children are looked after by relatives or their spouses.

Ø  Where siblings or not more than three children of different families are cared for in the home of the carer, along with the carer’s own children


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