Child Care (Amendment) Act 2024

Amendment of section 58B of Principal Act

5. Section 58B of the Principal Act is amended—

(a) in subsection (2)—

(i) in paragraph (e), by the substitution of “early years service,” for “early years service, and”,

(ii) in paragraph (f), by the substitution of “register,” for “register.”, and

(iii) by the insertion of the following paragraphs after paragraph (f):

“(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,

(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.”,

and

(b) in subsection (3)—

(i) in paragraph (c), by the substitution of “early years services, and” for “early years services.”, and

(ii) by the insertion of the following paragraph after paragraph (c):

“(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.”.