Child Care Act 1991

58D.

F301 [ Registration

58D

58D. (1) A person shall not provide a prescribed early years service unless his or her name is entered in the register as a provider of that service.

(2) The provider of a prescribed early years service or a person who proposes to provide a prescribed early years service shall make an application to the Agency to be registered in the register.

(3) An application under subsection (2) shall be in such form as may be prescribed and accompanied by such fee as may be prescribed.

(4) The period of a registration shall be 3 years from the date of registration.

(5) The Agency may, on application to it in that behalf by a person who is providing or proposes to provide a prescribed early years service

(a) register the provider concerned,

(b) register that provider with a condition or conditions attached to that registration,

(c) refuse to register that provider or proposed provider.

(6) The Agency may remove a registered provider from the register.

(7) Where the Agency becomes aware that any particular entered in the register is incorrect it may amend the register to correct the matter.

(8) The Agency shall attach a condition to a registration, refuse a registration, or remove a registered provider from the register where it is satisfied that

(a) the premises in which the prescribed early years service is, or is proposed to be, provided do not comply with regulations made under this Part, or

(b) the carrying on of the prescribed early years service concerned is not, or will not be, in compliance with such regulations.

F302 [ (8A) The Agency shall refuse to register an applicant where the applicant

(a) refuses to allow an authorised person, in accordance with subsection (1A) of section 58J , to enter the premises in which the applicant proposes to provide the prescribed early years service, or

(b) obstructs or impedes an authorised person in the exercise of any of his or her powers under subsection (3A) of that section. ]

(9) The Agency shall refuse to register an applicant and shall remove from the register a registered provider

(a) who has been convicted of

(i) an offence under this Part, or

(ii) any offence that in the Agency s opinion renders such person unfit to carry on or be in charge of such service,

(b) who has failed to furnish, within 21 days or such further period as the Agency considers reasonable in the circumstances, the Agency with information the Agency has reasonably required for the performance of its functions under this Part, or has knowingly furnished the Agency with information that is false or misleading in a material particular, or

(c) who has, within the 12 months preceding the date on which registration or removal from the register would take effect, contravened a condition attached to the registration concerned.

(10) The registered provider, not less than 2 months before the expiry of the period of registration concerned, shall apply to the Agency in accordance with subsection (2) to be registered and, where the Agency does not propose to refuse to register or to attach a condition to the registration of the prescribed early years service concerned, it shall renew the registration and the date of registration shall be the day following the day of expiry of the previous registration.

(11) Where the Agency proposes to refuse to register an applicant, to remove a registered provider from the register, to attach a condition to, or amend or revoke a condition attached to, a registration, it shall notify in writing the applicant or the registered provider, as the case may be, of its proposal and of the reasons for it.

(12) A notification under subsection (11) shall include a statement that the person concerned may, within 21 days of the receipt by him of the notification

(a) make representations to the Agency, or

(b) appeal to the District Court under section 58F against the decision.

(13) A person who has been notified of a proposal under subsection (11) may, within 21 days of the receipt of the notification, make representations in writing to the Agency and the Agency shall

(a) before deciding the matter, take into consideration any representations duly made to it by that person, and

(b) notify the person in writing of its decision within 21 days of the receipt of any representations made to it and of the reasons for it.

(14) Where a registered provider ceases to provide a prescribed early years service that provider shall inform the Agency in writing as soon as reasonably practicable of that cessation. ]

Annotations:

Amendments:

F301

Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.

F302

Inserted (26.04.2016) by Child Care (Amendment) Act 2015 (45/2015), s. 10, S.I. No. 203 of 2016.