Child Care Act 1991
F341[Regulations
58B.—(1) The Minister shall, after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government, make regulations for the purpose of securing the health, safety and welfare and promoting the development of children attending early years services.
(2) Without prejudice to the generality of subsection (1), regulations may—
(a) prescribe any matter or thing referred to in this Part as prescribed or to be prescribed,
(b) prescribe requirements as to the heating, lighting, ventilation, cleanliness, repair and maintenance of premises in which early years services are carried on and as to the equipment and facilities to be provided,
(c) provide for the enforcement and execution of the regulations by the Agency,
(d) prescribe the fees to be paid to the Agency by persons carrying on prescribed early years services towards the cost of inspections under this Part,
(e) prescribe the minimum level of qualifications for any class or classes of persons working in an F342[early years service,]
(f) prescribe any additional particulars and details required in relation to the F342[register,]
F343[(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,]
(3) Regulations under this section may—
(a) make different provision for different classes of early years services,
(b) prescribe different requirements for different classes of early years services,
(c) provide for exemptions from any provision or provisions of the regulations for a specified class or classes of early years services.]
Annotations
Amendments:
F341
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.
F342
Substituted (30.09.2024) by Child Care (Amendment) Act 2024 (19/2024), s. 5(a)(i), (ii), S.I. No. 495 of 2024.
F343
Inserted (30.09.2024) by Child Care (Amendment) Act 2024 (19/2024), s. 5(a)(iii), S.I. No. 495 of 2024.
F344
Inserted by Child Care (Amendment) Act 2024 (19/2024), s. 5(a)(iii), not commenced as of date of revision.
F345
Substituted Child Care (Amendment) Act 2024 (19/2024), s. 5(b)(i), not commenced as of date of revision.
F346
Inserted Child Care (Amendment) Act 2024 (19/2024), s. 5(b)(ii), not commenced as of date of revision.
Modifications (not altering text):
C51
Prospective affecting provision: subss. (2)(i), (j) inserted, (3)(c) amended and (3)(d) inserted by Child Care (Amendment) Act 2024 (19/2024), s. 5(a)(iii), (b), not commenced as of date of revision.
F344[(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.]
(3) ...
(c) provide for exemptions from any provision or provisions of the regulations for a specified class or classes of F345[early years services, and]
F346[(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.]
Editorial Notes:
E172
Power pursuant to section exercised (30.09.2024, 1.02.2025) by Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024 (S.I. No. 494 of 2024), in effect as per reg. 1(2), (3).
E173
Power pursuant to section exercised (1.09.2023) by Employment Permits (Amendment) (No. 2) Regulations 2023 (S.I. No. 387 of 2023), in effect as per reg. 1(2).
E174
Power pursuant to section exercised (27.04.2022, 1.01.2023) by Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2022 (S.I. No. 196 of 2022), in effect as per reg. 1(2), (3).
E175
Power pursuant to section exercised (27.04.2022, 1.01.2023) by Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022 (S.I. No. 195 of 2022), in effect as per reg. 1(2), (3).
E176
Power pursuant to section exercised (1.09.2021) by Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2021 (S.I. No. 401 of 2021), in effect as per reg. 1(2).
E177
Power pursuant to section exercised (18.02.2019) by Child Care Act 1991 (Early Years Services) (Registration Of School Age Services) (Amendment) Regulations 2019 (S.I. No. 58 of 2019), in effect as per reg. 1(2).
E178
Power pursuant to section exercised (18.02.2019) by Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 (S.I. No. 575 of 2018), in effect as per reg. 1(2).
E179
Power pursuant to section exercised (31.12.2016) by Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 (S.I. No. 632 of 2016), in effect as per reg. 1(2).
E180
Power pursuant to section exercised (30.06.2016) by Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016), in effect as per reg. 1(2).