SELEBI-PHIKWE TOWN COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION) BYE-LAWS
(section 6)
(5th April, 2012)
ARRANGEMENT OF BYE-LAWS
BYE LAW
PART I
Preliminary
1. Citation
2. Interpretation
PART II
Licencing of Centres
3. Licencing of Centres
4. Duration and renewal of licence
5. Conditional licence
6. Display of licence
7. Suspension and revocation
8. Transfer of licence
9. Closure of centre
PART III
Operation of Centres and Premises
10. Hours of operation
11. Age of admission
12. Premises of a centre
13. Resting period
14. Kitchen
15. Meals
16. Toilets
17. Outdoor play area
18. Washing facilities
19. Furniture and classroom equipment
20. First aid requirements
21. Cleanliness
22. Pets
23. Curriculum
24. Records of centre
PART IV
Staff and Children of the Centre
25. Staff
26. Class-child ratio
PART V
General
27. Appeals
28. Powers of entry
29. Offences and penalties
SCHEDULE
S.I. 35, 2012.
PART I
Preliminary (by-laws 1-2)
These Bye-laws may be cited as the Selebi-Phikwe Town Council (Early Childhood Care and Education) 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-laws, unless the context otherwise requires
"authorised officer" means the Township Clerk or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-laws;
"baby care centre" means a place for the care, education and supervision of children below the age of two and half years;
"centre" means a place for the supervision during the day of children below six years;
"conditional early childhood care and education licence" means Early Childhood Care and Education Licence issued by the Council under bye-law 3;
"Council" means the Selebi-Phikwe Town Council;
"infectious disease" includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, german measles (rubella), chicken pox, scabies, ringworm on scalp or body, and typhoid fever, and any other communicable contagious diseases;
"nursing room" means a separate room for a mother to nurse her baby; and
"sick bay" means a separate room equipped with a bed or mattress and clean linen in which a sick child can rest and be isolated.
PART II
Licencing (by-laws 3-9)
(1) A person shall not operate a centre without an Early Childhood Care and Education Licence issued by the Council under these Bye-laws.
(2) An application to operate a centre shall be made to the Council in Form 1 set out in the Schedule to these Bye-laws and shall provide such information as the Council may require and, in particular
(a) the details of the type of centre to be operated; and
(b) the details of the premises intended to be used for the centre.
(3) The Council may, upon receipt of an application under sub-bye-law (2), 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.
(4) Where the Council is satisfied that the proposed centre meets all the requirements of these Bye-laws, it shall on receipt of payment of a fee of P100 issue to the applicant an Early Childhood Care and Education Licence in Form 2 set out in the Schedule to these Bye-laws.
(5) 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.
4. Duration and renewal of licence
(1) An Early Childhood Care and Education Licence issued under bye-law 3 (4) shall be valid for a period of 12 months.
(2) A licensee may apply to the Council for renewal of an Early Childhood Care and Education Licence in Form 3 set out in the Schedule to these Bye-laws.
(3) The Council may renew an Early Childhood Care and Education Licence upon payment of a fee of P50.
(1) Where the requirements under these Bye-laws are not fully met, the Council may grant a conditional Early Childhood Care and Education Licence in Form 4 set out in the Schedule to these Bye-laws, to allow the applicant to fulfill all the requirements before getting full licence.
(2) The Conditional Early Childhood Care and Education Licence shall be valid for a period not exceeding three months but may be renewed for a period of not more than two months.
(3) A Licence issued under this bye-law may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.
A licence issued under these Bye-laws shall be displayed in a conspicuous place in the principals office in the premises of the centre.
The Council may suspend, revoke or impose further conditions on the licence, and shall publish a notice of such suspension, revocation or imposition of conditions in two consecutive issues of the Gazette and two newspapers in wide 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 public health standards.
A person to whom a licence has been issued may not cede, transfer, or lease the licence to another person.
A centre that does not provide proper care or puts children at risk shall be informed by the Council, in writing, to take corrective measures within a specified period and where the deficiencies indicated remain uncorrected in the specified time or children are at risk, the Council shall close the centre with immediate effect.
PART III
Operation of Class-child ratio (by-laws 10-24)
A centre shall operate between 0700 hours and 1900 hours on week-days unless otherwise authorised in writing by the Council.
A centre shall not admit or allow to remain at a centre a child over the age of six years without the written permission of the Council.
(1) An occupied residential house shall not be used for operating a centre.
(2) Premises used for a centre shall
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