Small Business, Enterprise and Employment Act 2015

PART 5 Childcare and schools

74 Funding for free of charge early years provision

(1) In section 13A of the Childcare Act 2006 (supply of information: free of charge early years provision)—

(a) in subsection (3), after “provision” insert “or for funding related to free of charge early years provision”;

(b) in subsection (6), after “provision” insert “or for funding related to free of charge early years provision”.

(2) In section 13B of that Act (unauthorised disclosure of information received under section 13A), in subsection (2)(b), after “provision” insert “or for funding related to free of charge early years provision”.

75 Exemption from requirement to register as early years provider

(1) In section 34(2) of the Childcare Act 2006 (requirement to register: other early years providers) for “three” substitute “two”.

(2) In section 40(1)(b) of that Act (duty to implement Early Years Foundation Stage) for “3” substitute “2”.

(3) In section 63(3) of that Act (applications for registration on the general register)—

(a) in the words before paragraph (a), for “three” substitute “two”;

(b) in paragraph (c) (as it has effect prior to the coming into force of paragraph 35(4) of Schedule 1 to the Education and Skills Act 2008) for “three” substitute “two”.

(4) In section 99(1)(b) of that Act (provision of information about young children: England) for “3” substitute “2”.

(5) In section 94(5)(b) of the Education and Skills Act 2008 (independent educational institution standards) for “three” substitute “two”.

76 Childminding other than on domestic premises

(1) Section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc.) is amended in accordance with subsections (2) to (5).

(2) In subsection (4) (definition of “early years childminding”)—

(a) omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on domestic premises”.

(3) In subsection (5) (exception to subsection (4))—

(a) for “on domestic premises for reward” substitute “which would otherwise fall within subsection (4)”, and

(b) omit “on the premises”.

(4) In subsection (8) (definition of “later years childminding”)—

(a) omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on domestic premises”.

(5) In subsection (9) (exception to subsection (8))—

(a) for “on domestic premises for reward” substitute “which would otherwise fall within subsection (8)”, and

(b) omit “on the premises”.

(6) In section 34 of that Act (requirement to register: other early years providers)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to early years provision—

(a) if it is early years childminding in respect of which the person providing it is required to be registered under section 33(1), or

(b) if it would be early years childminding but for section 96(5) and in respect of which the person providing it is required to be registered under subsection (1A).”, and

(b) in subsection (1A) omit “on domestic premises”.

(7) In section 53 of that Act (requirement to register: other later years providers)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to later years provision—

(a) if it is later years childminding in respect of which the person providing it is required to be registered under section 52(1), or

(b) if it would be later years childminding but for section 96(9) and in respect of which the person providing it is required to be registered under subsection (1A).”, and

(b) in subsection (1A) omit “on domestic premises”.

77 Registration of childcare: premises

Schedule 2 makes amendments for the purpose of removing the requirement for certain childcare providers to be registered under the Childcare Act 2006 in respect of each premises from which they operate.