View report page

Nurseries and Child Minders Regulation Act, 1948
(As amended by the Health Services and Public Health Act 1968)
Under the above mentioned Act the Council has a duty to keep registers:—
(i) of premises in their area, other than premises used wholly or mainly as private
dwellings, where children are received to be looked after for the day or for a
part or parts thereof of a duration, or an aggregate duration, of two hours or
longer, or for any longer period not exceeding six days.
(ii) of persons in their area who for reward receive into their homes children under
the age of five to be looked after as aforesaid.
The words in italics in (i) above were introduced in Section 60 of the Health Services
and Public Health Act, 1968, to replace in the 1948 act the vague term "a substantial
part thereof", which was generally interpreted to mean three hours or more.
Other important amendments introduced by Section 60 of the 1968 Act are as
follows:—
Deletion of the provision that an offence is committed only where the number of
children received exceeds two and the children come from more than one household.
The result is that any person who receives into her home for reward one or more
children to whom she is not related for two hours or more in any day is subject to
registration.
A clearer definition of the fitness of premises and persons in the sections dealing
with the local authority's powers to refuse registration.
Enables the local authority to impose requirements concerning the safety of premises
and equipment.
Empowers the local authority, in registering a child minder, to impose some of the
requirements which formerly could be made only in respect of registered premises.
Empowers the local authority to determine the maximum number of children to be
received by a child minder excluding, but having regard to, the number of children
already in the home.
Increases the maximum penalties for failure to register and breach of the local
authority's requirement.
Although the provisions of Section 60 of the 1968 Act came into force on 1 November
1968, a period of grace of three months from that date was allowed before an
offence against the amended provisions could arise. Action during the remainder of 1968
was limited to extensive publication of the effect of the amendments and revision of
forms of application and other documents to conform with the amended Act.
Registration of Premises
Persons proposing to open a day nursery or playgroup are visited by a senior medical
officer and a senior nursing officer who inspect the premises concerned and outline the
requirements the Council would be likely to impose if registration were recommended.
Applicants are also advised on staffing and equipment and are notified of the need to
obtain planning permission and instructions on fire precautions.
18