Children Amendment Act 2010
FA E R
N

AT F
TQUO U

BERMUDA

CHILDREN AMENDMENT ACT 2010

2010 : 59

TABLE OF CONTENTS

Citation
Amends section 65
Amends section 67
Amends section 68
Amends section 69
Amends section 73
Amends section 74
Amends section 76
Inserts sections 76A, 76B and 76C
Amends section 77
Amends section 78
Amends section 79

WHEREAS it is expedient to amend the Children Act 1998;

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:

Citation
This Act, which amends the Children Act 1998 (the “principal Act”), may be cited

as the Children Amendment Act 2010.

Amends section 65
Section 65 of the principal Act is amended by deleting and replacing the definition

of “day care provider” with the following—

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CHILDREN AMENDMENT ACT 2010

“day care provider” means a person who provides day care to not more than three
children for reward at such premises, including the place of residence of such
person, as may be approved by the Chief Medical Officer.

Amends section 67
Section 67 of the principal Act is amended in paragraph (b) by deleting the fullstop

and substituting a semicolon, and by inserting the following after paragraph (b)—

the premises used by the day care provider are safe, and that any
equipment is of good quality and appropriate to the needs of the
children.”.

“(c)

Amends section 68
Section 68 of the principal Act is amended—

in subsection (2) by deleting the words “or the renewal of a licence”;

in subsection (3) by deleting the words “or renew”; and

in subsection (7)(d) by deleting the word “conditions” and substituting
“terms and conditions or restrictions”.

Amends section 69
Section 69 of the principal Act is amended—

by repealing and replacing subsection (1) with the following—

A person seeking renewal of a licence shall apply to the Chief Medical
Officer in the prescribed form at least 30 days before the date of the expiration of
the licence, setting out any alteration in the information given in the original
application.”; and

“(1)

by repealing and replacing subsection (2)(a) with the following—

the applicant and the day care centre comply with this Part and
the regulations; and”.

“(a)

Amends section 73
Section 73(2) of the principal Act is repealed and replaced with the following—

Inspectors shall inspect day care facilities in respect of which an
application for a licence is made, and shall make periodic inspections of licensed
day care centres.”.

“(2)

Amends section 74
Section 74 of the principal Act is repealed and replaced with the following—

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(a)

(b)

(c)

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(a)

(b)

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CHILDREN AMENDMENT ACT 2010

“Order for closure or to comply with decision of the Chief Medical Officer
The Minister may issue an order to an operator of a day care centre

directing him to cease to operate the day care centre, or to otherwise comply with
a decision of the Chief Medical Officer, within such time as may be specified in the
order.

Where an order under subsection (1) has been issued directing a day
care operator to cease to operate a day care centre, the Minister shall give the
reasons for his decision and, if he deems necessary, cause any inspection,
enquiries, or investigations to be undertaken and reported on, and to give such
directions as he considers appropriate.

The Minister may inform the public of an order issued under
subsection (1) in such manner as he considers appropriate.

An operator of a day care centre who is aggrieved by an order issued
under subsection (1) may, within 14 days of receipt of the order, appeal by notice
in writing to the court and the court may confirm, reverse or vary the order and
give such directions as it considers appropriate.”

74 (1)

(2)

(3)

(4)

Amends section 76
Section 76 of the principal Act is amended—

by deleting the heading and substituting “Day care providers”;

by repealing and replacing subsection (6) with the following—

A certificate of registration shall be in the prescribed form and shall
expire one year from the date of registration or at such other time as the Chief
Medical Officer may specify in the certificate.”;

“(6)

by inserting after subsection (6) the following—

The Chief Medical Officer may issue a provisional certificate for a
period not exceeding six months and shall, during the provisional period, monitor
the day care provided by the day care provider.

Section 68(7) applies, with the necessary changes, to a certificate
issued to a day care provider.

Section 69 applies to a person seeking renewal of registration, except
that the Chief Medical Officer shall renew the registration if he is satisfied that the
requirements of subsection (4) of this section are met.”; and

“(6A)

(6B)

(6C)

by repealing and replacing subsections (7) and (8) with the following—

The Chief Medical Officer, after giving the applicant or a person who is
registered an opportunity to be heard, may cancel, suspend, refuse to register or
refuse to renew a registration where he is satisfied that the applicant or the
registered person has violated any provision of this Act or the regulations or has

“(7)

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(a)

(b)

(c)

(d)

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CHILDREN AMENDMENT ACT 2010

not complied with any term, condition or restriction attached to the registration or
is not a fit and proper person to be registered.

Section 70(2) applies, with the necessary changes, to a cancellation,
suspension, refusal to register or refusal to renew a registration.”

(8)

Inserts sections 76A, 76B and 76C
The principal Act is amended by inserting the following after section 76—

“Inspection and power of entry
Section 73 applies, with the necessary changes, to the inspection and

power of entry of the premises used by a day care provider.

Order to cease providing day care
The Minister may issue an order to a day care provider directing him

to cease providing day care or to otherwise comply with a decision of the Chief
Medical Officer within such time as may be specified in the order.

Section 74(2), (3) and (4) apply, with the necessary changes, to an order
issued by the Minister under subsection (1) of this section.

Records, returns and reports
Section 75 applies, with the necessary changes, to the maintaining and

furnishing of records, reports and returns by a day care provider.”.

76A

76B (1)

(2)

76C

Amends section 77
Section 77(c) of the principal Act is amended by inserting after “74” the words “or

76B”.

Amends section 78
Section 78 of the principal Act is amended by repealing subsection (2) and replacing

it with the following—

A person who is aggrieved by a decision of the Minister under
subsection (1) may, within 14 days of receipt of the notice of the decision, appeal
by notice in writing to the court and the court may confirm, reverse or vary the
decision of the Minister and give such directions as it considers appropriate.”

“(2)

Amends section 79
Section 79(1) of the principal Act is amended—

by deleting the words “The Minister may make regulations” and
substituting “For the purposes of this Part, the Minister may make
regulations”;

in paragraph (c) by deleting the words “certificate of”;

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(a)

(b)

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CHILDREN AMENDMENT ACT 2010

in paragraph (d) by inserting after “licence” the words “or a certificate of
registration”;

in paragraph (k) by inserting after “centres” the words “, the day care
provided by day care providers,”; and

in paragraph (l) by deleting “Act” and substituting “Part”.

[Assent Date: 22 December 2010]

[Operative Date: 22 December 2010]

(c)

(d)

(e)

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