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Childcare Services By-law, 2017
- Published in Eastern Cape Provincial Gazette no. 3830 on 24 April 2017
- Commenced on 24 April 2017
- [This is the version of this document from 24 April 2017 and includes any amendments published up to 19 December 2022.]
1. DefinitionsIn the interpretation of these by-laws, words in the masculine gender include the feminine, the singular includes the plural and vice versa and the following words and expressions shall have the meanings respectively assigned to them hereunder, unless such meanings are repugnant to or inconsistent with the context in which they occur:-"authorised official" means an official of the Council or the official of another municipality or another organ of state with which the Council has concluded an agreement for the rendering of services in terms of these by-laws and to whom the Council has delegated a duty, function or power under these by-laws,"child" means any person under the age of 18 (eighteen) years who is in the care of a childcare facility;"childcare service" means any undertaking involving the custody and care of more than six children during the whole or part of the day on all or any days of the week;"childminder service" means any undertaking involving the custody and care of a maximum of six children during the whole or part of the day on all or any days of the week;"certificate" means a certificate issued in terms of Section 3 of these by-laws;"certificate holder" means a person to whom a certificate has been issued in terms of Section 3 of these by-laws;"communicable disease" means a communicable disease as defined by Section 1 of the Health Act, 1977 (Act No 63 of 1977);"Council" means the Council of the Municipality or any Committee, Political Office Bearer or official thereof acting by virtue of any power entrusted or delegated to it or him in terms of legislation with regard to the application and implementation of these by-laws;"facility" means a place where either a childcare or a childminder service is conducted, whichever is applicable, and "service" has a corresponding meaning;"Health Act" means the Health Act, 1977 (No. 63 of 1977);"Municipality" means the Municipality of Mbizana and includes the Council thereof;"National Building Regulations" means the regulations published under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);"occupier" includes any person in actual occupation of land or premises without regard to the title under which he or she occupies, and, in the case of premises subdivided and let to lodgers or various tenants, includes the person receiving the rent payable to the lodgers or tenants whether for his or her own account or as agent for any person entitled thereto or interested therein;"owner" includes any person that has title to any premises or land or any person receiving the rent or profits of any land or premises from any tenant or occupier thereof, or who would receive such rents or profits if such land or premises were let, whether for his or her own account or as agent for any person entitled thereto or interested therein: Provided that the "owner" in respect of premises on the Sectional Title Register opened in terms of Section 12 of the Sectional Titles Act, 1986, (Act 95 of 1986) means the body corporate, as defined in that Act, in relation to such premises;"premises" means the stand, including any buildings or part thereof and outdoor play areas in or upon which a childcare service or a childminder service is conducted.
2. Application of by-laws
3. Registration of childcare facilities and childminder facilities
4. Cancellation of registration
5. Termination of service
6. Right of entry and inspection of premises and records
7. Requirements for childcare facility
8. Requirements for child minder facility
9. Equipment for children
10. General requirements
11. Ratio of staff to number of children
12. Health register
13. Medical care of childrenThe certificate holder shall -
14. Health and safety measures
15. Management responsibilities
17. Offences and penalties
18. Repeal of by-laws
19. Date of commencement
History of this By-law
24 April 2017 this versionPublished in Eastern Cape Provincial Gazette no. 3830By-law commences.
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