Legislation Details
- Full Title: Federal Decree Law Regulating Nurseries
- Law Type: Federal Decree Law
- Law Number: (51) of 2022
- Issued Date: 05 Oct 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 737
- Sector: Family and Community
- Status: Active
- Number of Articles: 54
- Chapters/Parts: 0
- Amendments: 0
Summary
The Federal Decree Law Regulating Nurseries establishes a comprehensive legal framework for the operation and oversight of nurseries in the United Arab Emirates. The law aims to ensure the proper care, education, and development of children from one day to four years of age by regulating the activities and services provided by nurseries. It outlines the licensing requirements, obligations, and standards that nurseries must meet, as well as the roles and responsibilities of the relevant government authorities. The law is significant for businesses and individuals in the UAE as it sets clear rules and guidelines for the establishment and management of nurseries, helping to promote the wellbeing and education of young children. (Federal Decree Law Regulating Nurseries, 2022, Art. 1-3)
What is the scope and purpose of this law?
The Federal Decree Law Regulating Nurseries applies to all nurseries operating in the UAE. The law's objectives are to: (1) provide care and healthy upbringing for children, (2) regulate the activities and care services provided by nurseries to improve children's quality of life, and (3) govern the work of nurseries in the UAE. The law excludes certain nurseries specified by a Cabinet resolution from the application of some of its provisions. (Federal Decree Law Regulating Nurseries, 2022, Art. 2-3)
What are the key definitions under this law?
- State: The United Arab Emirates
- Ministry: Ministry of Education
- FAEE: Federal Agency for Early Education
- FAEE Chairman: Chairman of the Federal Agency for Early Education
- Concerned Authorities: Government authorities regulating nurseries in social, cultural, regulatory, health or security aspects, or authorities authorized to issue commercial licenses
- Child: Every child from one day to four calendar years of age
- Nursery Activities: Programmes and activities related to the care and development of children
- Private Nurseries: Facilities established and supervised by private natural or legal persons, including those attached to private schools or workplaces
- Care Rooms: Places designated for receiving and caring for children from birth to two years of age
- License: A document issued by the FAEE to practice nursery activities
- Professional License: A document issued by the Ministry to personnel working in the field of education
- Executive Regulations: Regulations issued to implement the provisions of this law
(Federal Decree Law Regulating Nurseries, 2022, Art. 1)
What are the main obligations and requirements?
Nurseries are required to: 1. Obtain a license from the FAEE before carrying out any nursery activities (Art. 4) 2. Meet the conditions for obtaining a license, including having a distinguished name, compliant location and building, and a qualified manager (Art. 5) 3. Fulfill the specific requirements for natural and legal person license applicants (Art. 6-7) 4. Obtain FAEE approval before amending or assigning the license (Art. 8) 5. Comply with various operational obligations, such as accepting all children, ensuring qualified personnel, maintaining safety and confidentiality, and not exploiting facilities for unauthorized purposes (Art. 9) 6. For private nurseries, obtain FAEE accreditation for the educational curriculum and teach Arabic, Islamic education, national identity, and UAE culture (Art. 10) 7. Obtain FAEE approval for any changes to enrollment fees (Art. 11) 8. Maintain personnel files and notify the FAEE of any changes to the nursery manager (Art. 12) 9. Comply with the FAEE's ethics document for nursery personnel (Art. 13)
(Federal Decree Law Regulating Nurseries, 2022, Art. 4-13)
What licensing, registration, or approval requirements exist?
The Federal Agency for Early Education (FAEE) is responsible for issuing licenses for all nurseries in the UAE. It is prohibited to operate a nursery without obtaining a license from the FAEE. The law outlines the specific requirements and conditions that must be met to obtain a nursery license, including submitting an application, obtaining approvals from relevant authorities, having a distinguished name and compliant facilities, and appointing a qualified manager. The Executive Regulation will specify the detailed procedures for issuing, renewing, and cancelling nursery licenses. As an exception, nurseries attached to private schools are licensed in coordination with the FAEE under the Federal Law on Private Education. (Federal Decree Law Regulating Nurseries, 2022, Art. 4-7)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the governance and enforcement of this law are: 1. The Federal Agency for Early Education (FAEE): Responsible for issuing nursery licenses, monitoring compliance, and developing standards for evaluating nursery performance quality. 2. The Ministry of Education: Responsible for issuing professional licenses to personnel working in nurseries. 3. The National Centre for Educational Quality: Responsible for developing unified standards and implementing programs to evaluate the quality of nurseries' performance. 4. Other Concerned Authorities: Government authorities regulating nurseries in terms of social, cultural, regulatory, health or security aspects, or authorities authorized to issue commercial licenses. (Federal Decree Law Regulating Nurseries, 2022, Art. 1, 14-15)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Federal Decree Law. The law states that anyone who violates its provisions or the resolutions issued to implement it shall be punished by administrative sanctions, but the details of these sanctions are not provided. (Federal Decree Law Regulating Nurseries, 2022, Art. 17)
What fees, charges, or financial provisions are specified?
The law states that the FAEE shall approve the fees charged by nurseries upon granting a license, in accordance with controls specified in the Executive Regulation. Nurseries are prohibited from changing the approved fees or imposing any additional fees without obtaining the FAEE's approval. (Federal Decree Law Regulating Nurseries, 2022, Art. 11)
What exemptions or exceptions apply?
The law states that nurseries specified by a Cabinet resolution shall be excluded from the application of some provisions of this Federal Decree Law. However, the legislation does not provide any further details on which nurseries or provisions may be exempted. (Federal Decree Law Regulating Nurseries, 2022, Art. 3)
When did this law come into effect?
The Federal Decree Law Regulating Nurseries was issued on 05 October 2022 and came into effect on 02 January 2023. The law was published in the Official Gazette No. 737. (Federal Decree Law Regulating Nurseries, 2022, Art. 26)
How does this law interact with other UAE legislation?
The Federal Decree Law Regulating Nurseries references and interacts with several other UAE federal laws and decrees, including: - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and Powers of Ministers - Federal Law No. (5) of 1983 Concerning Nurseries - Federal Law No. (29) of 2006 Concerning the Rights of Disabled Persons - Federal Law No. (3) of 2016 Concerning the Child Rights Law (Wadeema) - Federal Law No. (14) of 2016 Concerning Administrative Violations and Penalties in the Federal Government - Federal Law by Decree No. (18) of 2020 Concerning Private Education - Federal Law by Decree No. (33) of 2021 Regulating Labour Relations - Federal Law by Decree No. (43) of 2022 Establishing the Federal Agency for Early Education - Federal Law by Decree No. (44) of 2022 Establishing the National Centre for Education Quality The law also states that it repeals any provisions that contradict its own, but does not specify which laws or decrees are being repealed. (Federal Decree Law Regulating Nurseries, 2022, Preamble)
Source Documents
This article analyses Federal Decree Law Regulating Nurseries for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.