Child Care (Pre-School Services) (No2) Regulations 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Child Care (Pre-School Services) (No 2) Regulations 2006.
COMMENCEMENT
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paragraphs: (1) These Regulations (other than Regulation 3(2)) come into operation on 3 September 2007.
(2) Regulation 3(2) comes into operation on the 7 December 2007.
REVOCATION
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paragraphs: (1) The Child Care (Pre-School Services) Regulations 1996 ( S.I. No. 398 of 1996 ) and the Child Care (Pre-School Services) (Amendment) Regulations 1997 ( S.I. No. 268 of 1997 ) are revoked.
(2) The Child Care (Pre-School Services) Regulations 2006 ( S.I. No. 505 of 2006 ) are revoked.
INTERPRETATION
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paragraphs: In these Regulations -
“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;
“childminding service” means a pre-school service, which may include an overnight service, offered by a person who single-handedly takes care of pre-school children, including the childminder's own children, in the childminder's home for a total of more than 2 hours per day, except where the exemptions provided in Section 58 of the Child Care Act 1991 apply;
“childminder” is a person who provides a childminding service as defined in these Regulations;
“Full day care service” means a pre-school service offering a structured day care service for pre-school children for more than 5 hours per day; and which may include a sessional pre-school service for pre-school children not attending the full day care service;
“Health Service Executive” means the Health Service Executive established by Section 6 of the Health Act 2004 ( S.I. no. 42 of 2004 );
“overnight pre-school service” means a service in which pre-school children are taken care of for a total of more than 2 hours between the hours of 7pm and 6am except where the exemptions provided in Section 58 of the Child Care Act 1991 apply;
“part-time day care service” means a pre-school service offering a structured day care service for pre-school children for a total of more than 3.5 hours and less than 5 hours per day; and which may include a sessional pre-school service for pre-school children not attending the part-time day care service;
“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 service in a drop-in centre” means a pre-school service offering day care which is used exclusively on an intermittent basis;
“pre-school service in a temporary drop-in centre” means a pre-school service offering day care exclusively on a temporary basis;
“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;
“sessional pre-school service” means a pre-school service offering a planned programme to pre-school children for a total of not more than 3.5 hours per session.
PART II
HEALTH, WELFARE AND DEVELOPMENT OF THE CHILD
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paragraphs: A person carrying on a pre-school service shall ensure that each child's learning, development and well-being is facilitated within the daily life of the service through the provision of the appropriate opportunities, experiences, activities, interaction, materials and equipment, having regard to the age and stage of development of the child and the child's cultural context.
FIRST AID
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paragraphs: There shall be a suitably equipped first-aid box for children in the premises.
MEDICAL ASSISTANCE
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paragraphs: A person carrying on a pre-school service shall ensure that -
(a) adequate arrangements are in place to summon medical assistance promptly in an emergency, and
(b) a protocol is in place for the administration of medication.
MANAGEMENT AND STAFFING
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paragraphs: (1) A person carrying on a pre-school service shall ensure that -
(a) a sufficient number of suitable and competent adults are working directly with the pre-school children in the pre-school service at all times,
(b) the service has a designated person in charge and a named person who is able to deputise as required, and
(c) at all times during the period when the pre-school service is being carried on, the designated person in charge or the named person referred to in paragraph 1(b) is on the premises.
(2) A person carrying on a pre-school service shall ensure appropriate vetting of all staff, students and volunteers who have access to a child -
(a) by reference to past employer references in particular the most recent employer reference, in respect of all staff, and
(b) by reference to references from reputable sources, in respect of all students and volunteers, and
(c) by acquiring Garda vetting from An Garda SÃ­ochÃ¡na when An Garda SÃ­ochÃ¡na have set down procedures to make such vetting available, and
(d) in circumstances where Garda vetting is not available for staff, students and volunteers who have lived outside the jurisdiction, by ensuring that these persons provide the necessary police vetting from other police authorities.
(3) Such vetting procedures shall be carried out prior to any person being appointed or assigned or being allowed access to a child in the pre-school service.
BEHAVIOUR MANAGEMENT
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paragraphs: (1) A person carrying on a pre-school service shall ensure that no corporal punishment is inflicted on a pre-school child attending the service.
(2) A person carrying on a pre-school service shall ensure that no practices that are disrespectful, degrading, exploitive, intimidating, emotionally or physically harmful or neglectful are carried out in respect of any child.
(3) A person carrying on a pre-school service shall ensure that written policies and procedures are in place to deal with and to manage a child's challenging behaviour and to assist the child to manage his or her behaviour as appropriate to the age and stage of development of the child.
PART III
NOTICE TO BE GIVEN BY PERSON PROPOSING TO CARRYING ON A PRE-SCHOOL SERVICE
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paragraphs: (1) Where 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 to the Health Service Executive.
(2) Notwithstanding paragraph (1) herein, where a person proposes to carry on a pre-school service in a temporary drop-in centre, that person shall, at least 14 days before the commencement of the service, give notice in writing to the Health Service Executive.