Jersey Law 51/2002

 

DAY CARE OF CHILDREN (JERSEY) LAW 2002

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A LAW     to make new provision for the regulation of the care of children for short periods and for connected purposes; sanctioned by Order of Her Majesty in Council of the

 

20th day of NOVEMBER 2002

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(Registered on the 13th day of December 2002)

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STATES OF JERSEY

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The 26th day of February 2002

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                THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law -

 

ARTICLE 1

 

Interpretation

 

                (1)     In this Law, unless the context otherwise requires -

 

“Committee” means the Education Committee;

 

“day care accommodation” means any place where children under the age of 12 years are looked after for reward for a period or periods the total of which exceeds two hours in any day and six days in any calendar year and which is not -

 

(a)     wholly or mainly used as a private dwelling;

 

(b)     a place (such as a supermarket or hotel crèche) where the parents of, or other persons who normally care for, those children are not expected to leave the vicinity while the children are being looked after; or

 

(c)     a place which, in respect of those children, is operating as a school, hospital, nursing home, mental nursing home, residential care home or voluntary home;

 

“day carer” means a person -

 

(a)     who looks after one or more children under the age of 12 years in his home or other place wholly or mainly used as a private dwelling for reward;

 

(b)     who looks after any such child for a period or periods the total of which exceeds two hours in any day and six days in any calendar year; and

 

(c)     who is not -

 

(i)      a parent or relative of, or person with parental responsibility for, all such children,

 

(ii)     a Committee foster parent of all such children nor is fostering them privately, and

 

(iii)    employed as a nanny for all such children by a parent of, or other person who normally cares for, those children and who is looking after the children wholly or mainly in the home of his employer;

 

“premises” means day care accommodation or the place where a day carer looks after, or proposes to look after, any children.

 

                (2)     Words and phrases used in this Law shall, unless the context otherwise requires, have the same respective meanings as in the Children (Jersey) Law 2002[1].

 

                (3)     A reference in this Law to an Article by number only, and without further identification, is a reference to the Article of that number in this Law and a reference in an Article or other division of this Law to a paragraph by number only, and without further identification, is a reference to the paragraph of that number in the Article or other division of this Law.

 

                (4)     Unless the context otherwise requires, a reference in this Law to an enactment is a reference to that enactment as amended from time to time and includes a reference to that enactment as extended or applied under another enactment, including another provision of this Law.

 

ARTICLE 2

 

Registration of day care accommodation and day carers

 

                (1)     The Committee shall keep registers of day care accommodation and day carers and such registers shall be open to inspection at all times.

 

                (2)     Any person -

 

                (a)     looking after or proposing to look after any children in day care accommodation; or

 

                (b)     acting or proposing to act as a day carer,

 

shall apply for registration under this Article in such manner and accompanied by such particulars as the Committee may require, and on receipt of such application the Committee shall, subject to the provisions of this Article, register the accommodation or person as the case may be.

 

                (3)     Where a day carer registered under this Article changes premises, his registration shall cease to have effect unless and until he is re-registered in accordance with this Article.

 

                (4)     The Committee may refuse an application for registration under this Article if it is satisfied that -

 

                (a)     the premises are not fit to be used for looking after children, whether because of the condition of the premises, the adequacy of any equipment used on the premises, or for any reason connected with the situation, construction or size of the premises;

 

                (b)     the applicant or any person looking after, or likely to be looking after, any children on the premises is not fit to look after children;

 

                (c)     any person living or working, or likely to be living or working, on the premises is not fit to be in the proximity of children.

 

                (5)     The Committee may, in its absolute discretion -

 

                (a)     grant exemption from the provisions of this Article;

 

                (b)     attach to any such exemption such conditions as it thinks fit; and

 

                (c)     vary such conditions at any time or withdraw the exemption.

 

ARTICLE 3

 

Disqualification

 

                A person who is disqualified for the purposes of Article 54(2) or Article 62 of the Children (Jersey) Law 2002[2] by virtue of Schedule 4 to that Law shall not -

 

                (a)     look after a child in day care accommodation or be concerned in the management of or have a financial interest in such accommodation;

 

                (b)     employ a person to look after children in day care accommodation; or

 

                (c)     act as a day carer,

 

unless he has disclosed the disqualification to the Committee and obtained its consent.

 

ARTICLE 4

 

Power to impose requirements in respect of day care accommodation and day carers

 

                (1)     Where the Committee registers an application under Article 2, it may impose any or all of the following requirements -

 

                (a)     specify the maximum number of children, or the maximum number of children within specified age groups, who may be looked after (having regard to the number of other children who may at any time be on the premises);

 

                (b)     require the applicant to secure that the premises and the equipment used on the premises, are adequately maintained and kept safe;

 

                (c)     require the applicant to keep records in relation to the children received, and persons living or working, at the premises containing such particulars as it may specify; and

 

                (d)     specify the training and qualifications to be possessed by the day carer or any person employed at day care accommodation;

 

                (e)     in the case of day care accommodation -

 

                          (i)      specify the number of persons who may be employed at that accommodation,

 

                          (ii)     require to be kept informed of the persons there employed, their names, addresses, training and qualifications, and the facilities provided and the period during which they are provided; and

 

                (f)      impose such other requirements as to the health and welfare of children being looked after as it considers appropriate.

 

                (2)     The Committee may at any time vary any requirement imposed under this Article, impose any additional requirement or remove any requirement.

 

ARTICLE 5

 

Certificates of registration

 

                (1)     Where the Committee registers a person under Article 2 it shall issue him with a certificate of registration.

 

                (2)     The certificate -

 

                (a)     shall specify the address of the premises and, in the case of a day carer, his name and address; and

 

                (b)     shall be accompanied by any requirement imposed under Article 4.

 

                (3)     Where, due to a change of circumstances, any part of the certificate requires to be amended, the Committee shall issue an amended certificate.

 

                (4)     The certificate of registration shall be displayed in a prominent position in the premises in which any child is to be looked after and produced or delivered to the Committee when so required.

 

ARTICLE 6

 

Fees

 

                (1)     The Committee may charge such fees as it may prescribe by Order for or in connection with any registration or application for registration under this Law and the issuing of certificates of registration, and such fees may be prescribed on any basis, including an annual or other periodic basis.

 

                (2)     The Subordinate Legislation (Jersey) Law 1960[3] shall apply to Orders made under this Article.

 

ARTICLE 7

 

Cancellation of registration

 

                The Committee may at any time cancel any registration under Article 2 if -

 

                (a)     it appears to it that the circumstances of the case are such that it would be justified in refusing to register the day care accommodation or day carer concerned;

 

                (b)     the care provided at such accommodation or, by such day carer, is, in the Committee’s opinion, seriously inadequate having regard to the needs of the children concerned;

 

                (c)     there has been a contravention of, or non-compliance with, any requirement imposed under Article 4; or

 

                (d)     there has been a failure to pay any fee charged under Article 6.

 

ARTICLE 8

 

Notice of decisions

 

                (1)     Not less than 14 days before -

 

                (a)     refusing an application for registration under Article 2;

 

                (b)     cancelling any such registration;

 

                (c)     refusing consent under Article 3;

 

                (d)     imposing, removing or varying any requirement under Article 4; or

 

                (e)     refusing to grant any application for the variation or removal of any such requirement,

 

the Committee shall send to the applicant, to the occupier of the accommodation to which the registration relates or to the day carer registered, as the case may be, notice in writing of its intention to do so and the reasons for its decision.

 

                (2)     Every notice under paragraph (1) shall inform the addressee of his right to object to the decision by giving written notice to the Committee within 14 days of receipt of the notice, and where he does so, the Committee shall give him the opportunity to be heard in person or by a representative.

 

                (3)     If the Committee, after having complied with paragraph (2), nevertheless decides to take any of the steps described in paragraph (1), it shall give the person concerned written notice of its decision and inform him of his right to appeal under Article 9.

 

ARTICLE 9

 

Appeals

 

                (1)     A person aggrieved by a decision under Article 8(3) may, within one month from the receiving notice of that decision, appeal to the Royal Court on the ground that the decision is unreasonable in all the circumstances of the case.

 

                (2)     Where the court allows an appeal against the refusal or cancellation of any registration under Article 2 it may impose requirements under Article 4.

 

                (3)     Where the court allows an appeal against such a requirement it may, instead of cancelling the requirement, vary it.

 

                (4)     Where the court imposes or varies any requirement under paragraph (2) or (3) the requirement, or the requirement as varied, shall be treated for all purposes (other than this Article) as if it had been imposed by the Committee.

 

                (5)     A step of a kind mentioned in Article 8(1)(b) or (d) shall not take effect until the expiry of the time within which an appeal may be brought under this Article or, where such an appeal is brought, before its determination.

 

ARTICLE 10

 

Protection of children in an emergency

 

                (1)     Where the Committee cancels a registration under Article 7, varies or removes a requirement imposed under Article 4 or imposes an additional requirement under that Article, it may apply to the court for an order that such cancellation, variation, removal or imposition shall have immediate effect.

 

                (2)     An application under paragraph (1) may be made ex parte and shall be supported by a written statement of the Committee’s reasons for making it.

 

                (3)     The court may make an order under this Article if it is satisfied that a child who is being, or who may be, looked after by the day carer or at the day care accommodation concerned, as the case may be, is suffering, or is likely to suffer, significant harm.

 

                (4)     Where an order is made under this Article the Committee shall serve on the registered person, as soon as is reasonably practicable, notice of the order and a copy of the statement of its reasons for making the application.

 

ARTICLE 11

 

Power of entry and inspection

 

                Any officer of the Committee may, subject to the production by him of evidence of his authority, at all reasonable times enter any premises and inspect -

 

                (a)     the premises;

 

                (b)     the children being looked after on the premises;

 

                (c)     the arrangements made for the welfare of such children; and

 

                (d)     any records relating to them kept as a result of this Law.

 

ARTICLE 12

 

Offences

 

                A person who -

 

                (a)     allows children to be received into day care accommodation which is not registered or exempted under Article 2;

 

                (b)     acts as a day carer without being so registered or exempted;

 

                (c)     contravenes Article 3;

 

                (d)     makes, or causes or procures another person to make, any statement in an application for registration under Article 2 which he knows to be false or misleading in a material particular;

 

                (e)     without reasonable excuse contravenes or fails to comply with -

 

                          (i)      a requirement imposed on him under Article 4,

 

                          (ii)     a condition attached to an exemption granted under Article 2(5), or

 

                          (iii)    the provisions of Article 5(4); or

 

                (f)      intentionally obstructs an officer of the Committee exercising his powers under Article 11,

 

shall be liable to a fine not exceeding level 3 on the standard scale.[4]

 

ARTICLE 13

 

Transitional provision

 

                Any registration effected under Article 68 of the Children (Jersey) Law 1969[5] which, had this Law been in force at the time of such registration, could have been effected under this Law, shall, on and after the commencement of this Law, have effect as if made under Article 2, and any requirement imposed under Article 69 of that Law[6] with respect to such registration shall have effect as if it were imposed under Article 4.

 

ARTICLE 14

 

Citation and commencement

 

                This Law may be cited as the Day Care of Children (Jersey) Law 2002 and shall come into force on such day as the States may by Act appoint.

 

                                                                                            C.M. NEWCOMBE

 

Greffier of the States.



[1]Volume 2002, page 1313.

[2] Volume 2002, pages 1401 and 1412.

[3] Tome VIII, page 849 and Volume 2001, pages 3 and 4.

[4] Volume 1992-1993, page 437.

[5] Volume 1968-1969, page 307 and Volume 1970-1972, page 513.

[6] Volume 1968-1969, page 309.


Page Last Updated: 04 Jun 2015