This section gives the main pieces of legislation that either directly effect childminding or are relevant to it.

Before they start work, all childminders must be registered by the Scottish Commission for the Regulation of Care (Care Commission) under the Regulation of Care (Scotland) Act 2001 (The Act). The Act was made by the Scottish Parliament to give greater protection to those using care services. It is supported by a number of regulations and orders that ensure that the requirements of the Act are met. The main ones that are relevant for childminding are list below:

The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (SSI 2002/114)
This is the most relevant regulation as it sets out the basic requirements for all care services.

The Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 (SSI 2002/115)This outlines the information the Care Commission must hold on its register and on its website about the services it registers.

The Regulation of Care (Applications and Provision of Advice) (Scotland) Order 2002 (SSI 2002/113)
This outlines the information that an applicant must give when applying for registration or for variation or cancellation of registration.

As well as registering services, the Care Commission must inspect services against a set of National Standards. The Standards that are applied in childminding are:

Early Education and Childcare up to the age of 16 (revised March 2005)
These are written from the viewpoint of the receiver of the service so they should know what standards to expect.

The Care Commission inspect childminders annually and produce a written report. Copies of the reports can be obtained from the Care Commission

Other Relevant Legislation:

The Children (Scotland) Act 1995

The Police Act 1997
(Part v implemented in April 2002)

The Disability Discrimination Act

The Human Rights Act 1998

Other legislation that may be relevant can be found in the appendix at the back of the National Care Standards.

Useful Supporting Materials

The National Care Standards

The Scottish Social Services Council Code of Practice

Birth To Three, Supporting our Youngest Children

Nutritional guidance for early education and childcare settings for children aged 1-5