REGISTRATION OF CHILDCARE FACILITIES AS EDUCATIONAL ESTABLISHMENTS REGULATIONS

REGISTRATION OF CHILDCARE FACILITIES

AS EDUCATIONAL ESTABLISHMENTS

SUBSIDIARY LEGISLATION 327.323

REGISTRATION OF CHILDCARE FACILITIES

AS EDUCATIONAL ESTABLISHMENTS

REGULATIONS

1st July, 2007

LEGAL NOTICE 54 of 2008, as amended by Legal Notice 341 of 2018

and Act XXIX of 2019.

The title of these regulations is the Registration of

Childcare Facilities as Educational Establishments Regulations.

In these regulations, unless the context otherwise requires

"facility" means any establishment used for the regular provision

of child day care services for children under three years, including

establishments such as playschools, nurseries and home-based

childcare facilities;

"entity" means the entity responsible for regulating childcare

centres;

"standards" means the Standards for Child Day Care Facilities

issued by the Ministry of Education, Youth and Employment and

the Ministry for the Family and Social Solidarity.

(1) Every person responsible for a facility may apply to the

Minister for that facility to be registered as an educational

establishment with the Education Division.

(2)

The Minister may accept such an application if

(a) it is duly filled in and accompanied with all necessary

documentation; and

(b) the entity has certified that the facility is registered

with it and that the facility meets the criteria

established by the standards.

(3) The documentation which shall accompany the application

shall include

(a) a description of the activities to be included in the

programme offered by the facility, together with

details regarding the educational value of the

programme; and

(b) information regarding any fees and, or expenses

mentioned in regulation 5(2).

(4) The registration of the facility shall be valid for one year

and the facility shall apply every year to renew its registration.

When the facility applying for registration under these

regulations is also licensed to operate a school under the Education

Act, the programme offered by the facility shall not be the same as

the programme of studies offered by the school.

REGISTRATION OF CHILDCARE FACILITIES

AS EDUCATIONAL ESTABLISHMENTS

(1) The person responsible for the facility shall, before

accepting any child to attend the facility, inform the parents of any

fees and, or other expenses involved.

(2) The Minister shall also be informed in writing regarding

these fees and, or expenses, and shall give his approval together

with the approval for the registration of the facility with the

Education Division.

The registration of a facility with the Education Division

under these regulations shall have the effect of exemption under

article 12 of Part Two in the Fifth Schedule to the Value Added Tax

Act.