NORTH EAST DISTRICT COUNCIL (DAY-CARE CENTRE) BYE-LAWS

(section 33)

(8th May, 2009)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Licensing of day-care centres

    4.    Transfer of licence

    5.    Closure of day-care centres

PART II
Premises

    6.    Type of premises used

    7.    Outdoor play areas

    8.    Toilets

    9.    Washing facilities

    10.    Kitchen

    11.    Furniture and classroom equipment

    12.    Fire extinguisher

    13.    First aid requirements

    14.    Cleanliness

    15.    Smoking

    16.    Pets

    17.    Transportation

    18.    Use of premises for other activities

    19.    Responsibility of owner

PART III
Operation and Staff of the Centre

    20.    Hours of operation

    21.    Resting period

    22.    Age of admission

    23.    Staff

    24.    Staff-child ratio

    25.    Curriculum

    26.    Records of centre

PART V
Appeals, Powers of Entry, Offences

    27.    Appeals

    28.    Powers of entry

    29.    Offences

        Schedule

S.I. 39, 2009

PART I
Preliminary (bye-laws 1-5)

1.    Citation

    These Bye-Laws may be cited as the North East District Council (Day-Care Centre) Bye-Laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    In these Bye-Laws, unless the context otherwise requires—

    "authorised officer" means the Council Secretary or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-Laws;

    "care giver" means a person trained to teach, train, and care for babies and children below the age of six and registered as such with the Council;

    "Council" means the North East District Council;

    "day-care centre" means a place for the care, education and supervision of children below the age of six;

    "infectious disease" includes diphtheria, cerebrospinal meningitis, TB, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body, and typhoid fever;

    "licence" means a licence issued under bye-law 3;

    "owner" means a person or company which has responsibility of the centre; and

    "qualified teacher" means a teacher qualified to the satisfaction of the Ministry responsible for Education, to teach children below the age of six.

3.    Licensing of day-care centres

    (1) No person shall operate a day-care centre, hereinafter referred to as a "centre", without a licence issued by the Council.

    (2) No person under the age of 18 years may operate a centre.

    (3) Any person who wishes to operate a centre shall make an application for a licence to the Council, in Form 1 set out in the Schedule, giving details of—

    (a)    the premises intended to be used for the centre;

    (b)    the names and qualifications of all the teachers and other assistants to be employed at the centre; and

    (c)    any other information with regard to the proposed centre as the Council may require.

    (4) Upon receipt of the application, the Council shall cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the centre comply with the relevant health and building control standards.

    (5) If the Council is satisfied that the proposed centre meets all the requirements of these Bye-Laws and any other relevant legislation, it may, on payment of a fee of P100, issue to the applicant, a licence in Form 2 set out in the Schedule.

    (6) A licence issued under these Bye-Laws may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

    (7) The Council may revoke, suspend or impose further conditions on the licence, and shall publish a notice of such revocation, suspension or imposition of conditions in two consecutive issues of the Gazette and two newspapers in circulation in Botswana where—

    (a)    the conditions of any licence are not being adhered to;

    (b)    a centre has failed to comply with these Bye-Laws; or

    (c)    an authorised officer, after conducting an inspection, has recommended a suspension or revocation of the licence or imposition of conditions due to a failure of the centre to comply with the relevant health standards.

    (8) A licence issued under sub-bye-law (3) shall be valid until the 31st December of the year of issue, and shall thereafter be renewable annually, on payment of the annual fee of P10.

    (9) An application for the renewal of a licence shall be made in Form 1 set out in the Schedule.

    (10) The licence shall be conspicuously displayed in the premises of the centre.