Early Childhood Development Centres (Amendment) Regulations 2022

No. S 484

Early Childhood Development Centres Act 2017

Early Childhood Development Centres
(Amendment) Regulations 2022

In exercise of the powers conferred by section 51 of the Early Childhood Development Centres Act 2017, the Minister for Social and Family Development makes the following Regulations:

Citation and commencement

1. These Regulations are the Early Childhood Development Centres (Amendment) Regulations 2022 and come into operation on 1 July 2022.

Amendment of regulation 2

2. In regulation 2 of the Early Childhood Development Centres Regulations 2018 (G.N. No. S 890/2018) (called in these Regulations the principal Regulations) —

(a)

replace the definitions of “assistant educarer”, “assistant educarer duties”, “assistant teacher” and “assistant teaching duties” with —

“ “assistant early years educator” means an individual who is approved under section 25 of the Act to perform assistant early years educator duties in relation to children enrolled in any of the following classes conducted at a centre:

(a)	playgroup class;
(b)	pre‑nursery class;
(c)	nursery class;

“assistant early years educator duties” means the duties of an assistant early years educator specified in the second column of item 1 of the First Schedule;

“assistant preschool educator” means an individual who is approved under section 25 of the Act to perform assistant preschool educator duties in relation to children enrolled in any of the following classes conducted at a centre:

(a)	playgroup class;
(b)	pre‑nursery class;
(c)	nursery class;
(d)	kindergarten 1 class;
(e)	kindergarten 2 class;

“assistant preschool educator duties” means the duties of an assistant preschool educator specified in the second column of item 2 of the First Schedule;”;

(b)

after the definition of “centre”, insert —

“ “Class A licence” means the Class A licence mentioned in regulation 6(a);

“Class B licence” means the Class B licence mentioned in regulation 6(b);

“Class C licence” means the Class C licence mentioned in regulation 6(c);”;

(c)

replace the definitions of “educarer” and “educarer duties” with —

“ “early years educator” means an individual who is approved under section 25 of the Act to perform early years educator duties in relation to children enrolled in any of the following classes conducted at a centre:

(a)	playgroup class;
(b)	pre‑nursery class;
(c)	nursery class;

“early years educator duties” means the duties of an early years educator specified in the second column of item 3 of the First Schedule;”;

(d)

replace the definitions of “infant educarer” and “infant educarer duties” with —

“ “infant educator” means an individual who is approved under section 25 of the Act to perform infant educator duties in relation to children enrolled in any infant class conducted at a centre;

“infant educator duties” means the duties of an infant educator specified in the second column of item 4 of the First Schedule;”;

(e)

after the definition of “pre‑nursery class”, insert —

“ “preschool educator” means an individual who is approved under section 25 of the Act to perform —

(a)

early years educator duties in relation to children enrolled in any of the following classes conducted at a centre:

(i)	playgroup class;
(ii)	pre‑nursery class;
(iii)	nursery class; and

(b)

preschool educator duties in relation to children enrolled in any of the following classes conducted at a centre:

(i)	kindergarten 1 class;
(ii)	kindergarten 2 class;

“preschool educator duties” means the duties of a preschool educator specified in the second column of item 7 of the First Schedule;”;

(f)

in the definition of “programme helper”, replace “assistant educarer, assistant teacher, educarer, infant educarer or a teacher” with “assistant early years educator, assistant preschool educator, early years educator, infant educator or a preschool educator”;

(g)

replace the definition of “programme staff” with —

“ “programme staff”, in relation to a licensee, means an assistant early years educator, assistant preschool educator, early years educator or infant educator, the principal, or a programme helper or preschool educator deployed at the licensee’s centre;”;

(h)

in the definition of “staff”, replace the semi‑colon at the end with a full‑stop; and

(i)

delete the definitions of “teacher” and “teaching duties”.

Replacement of regulation 10

3. Regulation 10 of the principal Regulations is replaced with —

“Maximum period by which licence term may be shortened

10. For the purposes of section 16(2)(f) of the Act, the maximum period by which the term of a licence may be shortened is computed using the formula A – 1, where A is the term of the licence in terms of months.”.

Amendment of regulation 20

4. In regulation 20 of the principal Regulations —

(a)	in paragraph (2), replace “the members of the board of directors or committee or board of trustees or other governing board of the licensee, or any of the partners of the licensee (as the case may be)” with “its key appointment holders,”; and
(b)	in paragraph (3), replace “the members of the board of directors or committee or board of trustees or other governing board of the licensee, or any of the partners of the licensee (as the case may be)” with “its key appointment holders”.

Amendment of regulation 24

5. In regulation 24(2) of the principal Regulations —

(a)

replace sub‑paragraphs (a) and (b) with —

“(a)

early years educator duties are only carried out by —

(i)

an early years educator;

(ii)

a preschool educator; or

(iii)

any one or more of the following persons under the supervision of an early years educator or a preschool educator:

(A)	an assistant early years educator;
(B)	an assistant preschool educator;
(C)	a programme helper;

(b)

infant educator duties are only carried out by —

(i)	an infant educator; or
(ii)	a programme helper under the supervision of an infant educator;”; and

(b)

replace sub‑paragraph (d) with —

“(d)

preschool educator duties are only carried out by —

(i)

a preschool educator; or

(ii)

any or both of the following persons under the supervision of a preschool educator:

(A)	an assistant preschool educator;
(B)	a programme helper;”.

Amendment of regulation 30

6. In regulation 30 of the principal Regulations —

(a)

replace paragraph (3B) with —

“(3B) Subject to paragraph (3C) and for the purposes of paragraph (2), the following additional requirements apply to an individual who is to perform any service at the licensee’s centre as an education service provider:

(a)

where the individual was not, immediately before 1 July 2022, providing any service at the licensee’s centre as an education service provider — the individual has, before he or she starts to provide any service at the centre at any time on or after that date —

(i)	provided documentary evidence to the licensee that the individual has immunity against measles; or
(ii)	subject to sub‑paragraph (b), provided to the licensee a certificate issued by a registered medical practitioner stating that the individual has received one dose of measles vaccination;

(b)

for an individual mentioned in sub‑paragraph (a)(ii), the individual has, before he or she continues to perform any duty at the licensee’s centre on or after the expiry of 12 months after the date the individual received the first dose of measles vaccination, provided to the licensee —

(i)	a certificate issued by a registered medical practitioner stating that the individual has received a second dose of measles vaccination; or
(ii)	any other documentary evidence that the individual has immunity against measles;

(c)

where the individual was, immediately before 1 July 2022, providing any service at the licensee’s centre as an education service provider —

(i)	the individual has provided a declaration of measles immunity to the licensee; and
(ii)	the individual has, before the individual provides any service at the licensee’s centre on or after 30 June 2023, provided documentary evidence to the licensee that the individual has immunity against measles.”; and

(b)

in paragraph (5), replace “paragraph (3A)” with “paragraphs (3A) and (3B)”.

Amendment of regulation 35

7. In regulation 35(2)(j) of the principal Regulations, replace “written declarations mentioned in regulation 30(3)(c) and (3A)(c)(i) or the documentary evidence or certificate mentioned in regulation 30(3A)” with “written declaration mentioned in regulation 30(3)(c), the documentary evidence or certificate mentioned in regulation 30(3A) and (where applicable) the written declaration mentioned in regulation 30(3A)(c)(i)”.

Amendment of regulation 36

8. In regulation 36(2)(d) of the principal Regulations, replace “and the written declarations mentioned in regulation 30(3)(c) and (3B)” with “the written declaration mentioned in regulation 30(3)(c), the documentary evidence or certificate mentioned in regulation 30(3B) and (where applicable) the written declaration mentioned in regulation 30(3B)(c)(i)”.

Replacement of regulation 44

9. Regulation 44 of the principal Regulations is replaced with —

“Programme staff‑child ratio and supervision for infant class

44.—(1) Subject to paragraph (2), a licensee must ensure that for every infant class at the licensee’s centre, the ratio of infant educators to children enrolled in that class is not less than 1:5 at all times during the centre’s operating hours.

(2) Paragraph (1) does not apply, if —

(a)

the infant educators of the infant class are assisted by one or more programme helpers; and

(b)

the licensee ensures that at all times during the centre’s operating hours —

(i)	the ratio of the aggregate number of infant educators and programme helpers to children enrolled in that class is not less than 1:5; and
(ii)	the ratio of the infant educators to programme helpers mentioned in sub‑paragraph (i) is not less than 1:1.”.

Amendment of regulation 45

10. In regulation 45 of the principal Regulations, replace “educarers” wherever it appears in paragraphs (2)(a), (b) and (c), (3)(a)(i), (ii) and (iii) and (4)(a) and (b)(i), (ii) and (iii) with “early years educators”.

Amendment of regulation 46

11. In regulation 46 of the principal Regulations, replace “teachers” wherever it appears in paragraphs (2)(a) and (b), (3)(a)(i) and (ii) and (4)(a) and (b)(i) and (ii) with “preschool educators”.

Replacement of regulation 48 and new regulations 48A and 48B

12. Regulation 48 of the principal Regulations is replaced with —

“Minimum staff strength at centres of licensees holding Class B licence or Class C licence

48.—(1) Despite regulations 45, 46 and 47, a licensee who holds a Class B licence or Class C licence must ensure that at all times when there is any child present at the licensee’s centre during the programme hours —

(a)

where the number of children present at the centre is —

(i)	150 or less — at least 3 members of the licensee’s staff present at the centre have obtained the Child First Aid Accreditation certification; or
(ii)	more than 150 — the ratio of members of the licensee’s staff who have obtained the Child First Aid Accreditation certification and are present at the centre to the children present at the centre is not less than 1:50; and

(b)

one member of the licensee’s staff who has obtained the Child First Aid Accreditation certification and is present at the centre —

(i)	is the principal; or
(ii)	where the principal is not present at the centre — is appointed to carry out principal supervisory duties in the absence of the principal.

(2) Despite regulations 45, 46 and 47, a licensee who holds a Class B licence or Class C licence must ensure that at all times when there is any child present at the licensee’s centre during the operating hours (other than its programme hours) —

(a)	at least 2 members of the licensee’s staff are present at the centre;
(b)	at least one member of the licensee’s staff present at the centre is a programme staff; and
(c)	at least one member of the licensee’s staff present at the centre has obtained the Child First Aid Accreditation certification.

Minimum staff strength at centres of licensees holding Class A licence, in addition to holding Class B licence or Class C licence

48A.—(1) Regulation 48 applies to a licensee who holds a Class A licence in addition to holding a Class B licence or Class C licence, as it applies to a licensee who holds a Class B licence or Class C licence, except that every reference to the centre in regulation 48(1)(a) and (2) is read as a reference to the non‑infant care area of the centre.

(2) Despite regulation 44, a licensee who holds a Class A licence in addition to holding a Class B licence or Class C licence must ensure that at all times when there is any child present in the infant care area of the licensee’s centre during the operating hours —

(a)

at least 2 members of the licensee’s programme staff (other than its principal) are present in the infant care area;

(b)

at least one member of the licensee’s programme staff present in the infant care area is an infant educator; and

(c)

where the number of children present at the infant care area is —

(i)	50 or less — at least one member of the licensee’s programme staff present in the infant care area has obtained the Child First Aid Accreditation certification; or
(ii)	more than 50 — the ratio of members of the licensee’s programme staff who have obtained the Child First Aid Accreditation certification and are present at the infant care area to the children present at the infant care area is not less than 1:50.

(3) In this regulation —

“infant care area”, in relation to a centre, means the part of the centre that is designated as the area at which all infant classes at the centre must be conducted;

“non-infant care area”, in relation to a centre, means the part of the centre that is not the infant care area.

Minimum staff strength at centres of licensees holding Class A licence only

48B. Despite regulation 44, a licensee who holds only a Class A licence must ensure that at all times when there is any child present at the licensee’s centre during the operating hours —

(a)

where the number of children present at the centre is —

(i)	50 or less — at least 3 members of the licensee’s programme staff present at the centre have obtained the Child First Aid Accreditation certification; or
(ii)	more than 50 — the number of members of the licensee’s programme staff who have obtained the Child First Aid Accreditation certification and are present at the centre is not less than the number calculated using the formula where B is the number of children at the centre at that time;

(b)

at least one member of the licensee’s staff present at the centre is an infant educator; and

(c)

one member of the licensee’s programme staff who has obtained the Child First Aid Accreditation certification and is present at the centre —

(i)	is the principal; or
(ii)	where the principal is not present at the centre — is appointed to carry out principal supervisory duties in the absence of the principal.”.

Amendment of First Schedule

13. In the First Schedule to the principal Regulations —

(a)	in items 1 and 2, replace “educarer” wherever it appears with “early years educator”;
(b)	in item 2, replace “teacher” wherever it appears with “preschool educator”;
(c)	in item 2, in the second column, in paragraph (a), replace “teaching duties” with “preschool educator duties”;
(d)	in item 3, in the first column, replace “Educarer” with “Early years educator”;
(e)	in item 4, in the first column, replace “Infant educarer” with “Infant educator”;
(f)	in item 6, in the second column, replace “assistant educarer, assistant teacher, educarer, infant educarer or teacher” with “assistant early years educator, assistant preschool educator, early years educator, infant educator or preschool educator”; and
(g)	in item 7, in the first column, replace “Teacher” with “Preschool educator”.

Amendment of Third Schedule

14. In the Third Schedule to the principal Regulations, after paragraph 3, insert —

“3A. The abetment of any offence that is specified in this Schedule and committed on or after 1 July 2022.

3B. The offence under section 420 of the Penal Code 1871 that is committed on or after 1 July 2022.”.

Amendment of Fifth Schedule

15. In the Fifth Schedule to the principal Regulations, in paragraph 7, replace sub‑paragraph (c) with —

“(c)	where the person is or was a teacher (as defined under section 2 of the Education Act 1957), produce for inspection the person’s certificate of registration as such a teacher or the person’s authority or permit to teach under the Education Act 1957.”.

Saving and transitional provisions

16.—(1) An individual who, immediately before 1 July 2022, was approved under section 25 of the Act to perform the duties of an assistant educarer in respect of a centre is, on or after that date, taken to be approved under that section to perform the duties of an assistant early years educator in respect of the centre.

(2) An individual who, immediately before 1 July 2022, was approved under section 25 of the Act to perform the duties of an assistant teacher in respect of a centre is, on or after that date, taken to be approved under that section to perform the duties of an assistant preschool educator in respect of the centre.

(3) An individual who, immediately before 1 July 2022, was approved under section 25 of the Act to perform the duties of an educarer in respect of a centre is, on or after that date, taken to be approved under that section to perform the duties of an early years educator in respect of the centre.

(4) An individual who, immediately before 1 July 2022, was approved under section 25 of the Act to perform the duties of an infant educarer in respect of a centre is, on or after that date, taken to be approved under that section to perform the duties of an infant educator in respect of the centre.

(5) An individual who, immediately before 1 July 2022, was approved under section 25 of the Act to perform the duties of a teacher in respect of a centre is, on or after that date, taken to be approved under that section to perform the duties of a preschool educator in respect of the centre.

[G.N. Nos. S 86/2019; S 1066/2020]

Made on 8 June 2022.

AUBECK KAM

Permanent Secretary,
Ministry of Social and Family Development,
Singapore.

[ECDA 01-03-08; AG/LEGIS/SL/84B/2020/1 Vol. 1]

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