|
|
|
|
| |
|
A
|
|
|
Bill
|
|
|
To
|
|
|
Make provision
about child care providers.
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
|
|
|
consent of the Lords Spiritual and
Temporal, and Commons, in this present
|
|
|
Parliament assembled, and by the authority
of the same, as follows:—
|
|
|
1 Introductory
|
|
|
(1) For
the purposes of this Act “child care provider” means—
|
|
|
(a) a
child minder as defined by section 79A of the Children Act 1989;
|
|
|
(b) a
daycare provider as defined by section 79A(6) of the Children Act
|
|
|
1989;
|
5
|
|
(c) a
nanny.
|
|
|
(2) For
the purposes of this Act—
|
|
|
(a) an
au pair is a young single person from a Member State of the
|
|
|
European Union (or from such other country
as the Secretary of State
|
|
|
may by order prescribe) studying English
in the United Kingdom
|
10
|
|
whose accomodation is provided in a
family home and who provides
|
|
|
help in the home for a maximum of five
hours a day; and
|
|
|
(b) a
nanny is a person employed to care for a child wholly or mainly in the
|
|
|
home of the person employing her.
|
|
|
2 Age
of children to which regulations apply
|
15
|
|
(1) The
Children Act 1989 is amended as follows.
|
|
|
(2) In
section 79A(2), for the word “eight” there is substituted
“fifteen (or
|
|
|
seventeen if the child is disabled”).
|
|
|
(3) In
section 79A(6), for the word “eight” there is substituted
“fifteen (or
|
|
|
seventeen if the child is disabled”).
|
20
|
|
(4) In
section 79B(3)(a), (b) and (c) for the word “eight” on each
occasion that it
|
|
|
appears there is substituted “fifteen
(or seventeen if the child is disabled”).
|
|
| |
|
|
|
|
|
|
|
|
|
|
| |
|
(5) In
section 79B(4)(a), (b) and (c) for the word “eight” on each
occasion that it
|
|
|
appears there is substituted “fifteen
(or seventeen if the child is disabled”)
|
|
|
(6) Section
79W is repealed.
|
|
|
3 Registration
of nannies
|
|
|
(1) The
Children Act 1989 is amended as follows.
|
5
|
|
(2) In
section 79B(3)(a), after “or is likely to be child minding”
there is inserted “or
|
|
|
working as a nanny”.
|
|
|
(3) In
section 79D(a), after “act as a child minder” there is inserted
“or nanny”.
|
|
|
(4) In
section 79D(b), after “act as a child minder” there is inserted
“or nanny”.
|
|
|
4 Access
to records
|
10
|
|
(1) The
registration authority in England or Wales shall keep a register of all
|
|
|
complaints made against a child care
provider which require remedial action
|
|
|
to be taken by the registration authority.
|
|
|
(2) Any
such complaints shall remain on the register for five years.
|
|
|
(3) The
register of complaints shall be open to inspection by parents wishing
to use
|
15
|
|
any child care provider.
|
|
|
5 Punishment
of children by child care providers
|
|
|
(1) No
child care provider may do, or threaten to do, any of the following to
a child
|
|
|
in his care:
|
|
|
(a) adminster
any form of corporal punishment;
|
20
|
|
(b) subject
to any provision of any court order relationg to contact between
|
|
|
the child and any person, place any
restriction on a child’s contact or
|
|
|
communication with his parents;
|
|
|
(c) impose
any punishment which relates to the consumption or
|
|
|
deprivation of food or drink;
|
25
|
|
(d) require
a child to wear distinctive or inappropriate clothes;
|
|
|
(e) administer
or withhold medication or medical or dental treatment as a
|
|
|
disciplinary measure;
|
|
|
(f) intentionally
deprive a child of sleep;
|
|
|
(g) undertake
an intimate physical examinaton of a child;
|
30
|
|
(h) withhold
any aids or equipment needed by a disabled child.
|
|
|
(2) A
child care provider who contravenes any of the provisions of subsection
(1)
|
|
|
is guilty of an offence and is liable—
|
|
|
(a) on
conviction on indictment, to imprisonment to a term not exceeding
|
|
|
five years or to a fine, or to both;
|
35
|
|
(b) on
summary conviction, to imprisonment for a term not exceeding six
|
|
|
months or to a fine not exceeding the
statutory maximum, or to both.
|
|
|
6 Expenses
|
|
|
There
shall be paid out of money provided by Parliament—
|
|
|
(a) any
expenditure incurred by the Secretary of State by virtue of this Act;
and
|
40
|
| |
|
|
|
