PART VII

Supervision of Pre-School Services

49. —In this Part—

“authorised person” means a person appointed under section 54 to be an authorised person for the purposes of this Part;

“national school” has the meaning assigned to it in the School Attendance Act, 1926 ;

“pre-school child” means a child who has not attained the age of six years and who is not attending a national school or a school providing an educational programme similar to a national school;

“pre-school service” means any pre-school, play group, day nursery, creche, day-care or other similar service which caters for pre-school children, including those grant-aided by health boards;

“relevant health board” means the health board for the area in which a pre-school service is being or is proposed to be carried on.

50. —(1) The Minister shall, after consultation with the Minister for Education and the Minister for the Environment, make regulations for the purpose of securing the health, safety and welfare and promoting the development of pre-school children attending pre-school services.

(2) Without prejudice to the generality of subsection (1), regulations may—

(a) prescribe requirements as to the heating, lighting, ventilation, cleanliness, repair and maintenance of premises in which pre-school services are carried on and as to the equipment and facilities to be provided;

(b) provide for the enforcement and execution of the regulations by health boards;

(c) prescribe the annual fees to be paid to health boards by persons carrying on pre-school services towards the cost of inspections under this Part.

(3) Regulations under this section may—

(a) make different provision for different classes of pre-school services;

(b) prescribe different requirements for different classes of pre-school services;

(c) provide for exemptions from any provision or provisions of the regulations for a specified class or classes of pre-school services.

(4) The Public Offices Fees Act, 1879, shall not apply in respect of any fees paid under regulations under this section.

51. —(1) A person carrying on a pre-school service on the commencement of this Part shall give notice to the relevant health board in the prescribed manner.

(2) A person who, after the commencement of this Part, proposes to carry on a pre-school service shall give notice to the relevant health board in the prescribed manner.

52. —It shall be the duty of every person carrying on a pre-school service to take all reasonable measures to safeguard the health, safety and welfare of pre-school children attending the service and to comply with regulations made by the Minister under this Part.

53. —A health board shall cause to be visited from time to time each pre-school service in its area in order to ensure that the person carrying on the service is fulfilling the duties imposed on him under section 52 .

54. —(1) A health board shall appoint such and so many of its officers as it thinks fit to be authorised persons for the purposes of this Part.

(2) A health board may, with the consent of the Minister for Education, appoint an officer of that Minister to be an authorised person for the purposes of this Part.

(3) Every authorised person shall be furnished with a warrant of his appointment as an authorised person, and, when exercising any power conferred on an authorised person under this Part, shall, if requested by any person affected, produce the warrant to that person.

55. —(1) Where the relevant health board has received notification in accordance with section 51 in respect of a pre-school service, an authorised person shall be entitled at all reasonable times to enter any premises (including a private dwelling) in which the service is being carried on.

(2) A justice of the District Court may, if satisfied on information on oath that there are reasonable grounds for believing that a pre-school service is being carried on in any premises (including a private dwelling) in respect of which notice has not been received by the relevant health board in accordance with section 51 , issue a warrant authorising a person appointed by the health board in accordance with section 54 to enter and inspect the premises.

(3) An authorised person who enters any premises in accordance with subsection (1) or (2) may make such examination into the condition of the premises and the care and attention which the pre-school children are receiving as may be necessary for the purposes of this Part.

(4) A warrant under subsection (2) may be issued by a justice of the District Court for the time being assigned to the district court district where the premises are situated.

56. —(1) A health board may, subject to any general directions given by the Minister, provide pre-school services in its area and provide and maintain premises for that purpose.

(2) The Minister may, after consultation with the Minister for Education and the Minister for the Environment, make regulations for the purpose of securing the health, safety and welfare and promoting the development of children attending pre-school services provided by health boards.

(3) A health board shall make available to any interested person information on pre-school services in its area, whether provided by the board or otherwise.

57. —(1) A person who—

(a) refuses to allow an authorised person to enter any premises in accordance with subsection (1) or (2) of section 55 or who obstructs or impedes an authorised person in the exercise of any of his powers under subsection (3) of that section, or

(b) contravenes the requirements of this Part or of any regulations made thereunder,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(2) Where a person is convicted of an offence under this Part the court may, either in addition to or in substitution for the imposition of a fine, by order declare that the person shall be prohibited for such period as may be specified in the order from carrying on a pre-school service.

(3) A person who contravenes an order made under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or both.

58. —For the avoidance of doubt it is hereby declared that the provisions of this Part shall not apply to—

(a) the care of one or more pre-school children undertaken by a relative of the child or children or the spouse of such relative,

(b) a person taking care of one or more pre-school children of the same family and no other such children (other than that person's own such children) in that person's home,

(c) a person taking care of not more than 3 pre-school children of different families (other than that person's own such children) in that person's home.