Childcare Act 2006 (c. 21)

Part 3 E+W Regulation of Provision of Childcare in England

Chapter 2 E+W Regulation of early years provision

Requirements to register E+W

33 Requirement to register: early years childminders E+W

(1) A person may not provide early years childminding in England unless he is registered [F1 as an early years childminder—.

(a) in the early years register, or

(b) with an early years childminder agency.]

(2) The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.

(3) The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a) the person providing the early years childminding;

(b) the child or children for whom it is provided;

(c) the nature of the early years childminding;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(4) If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.

(5) An enforcement notice may be served on a person—

(a) by delivering it to him, or

(b) by sending it by post.

(6) An enforcement notice has effect until it is revoked by the Chief Inspector.

(7) A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1 Words in s. 33(1) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 4; S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

C1 S. 33(1) excluded (E.W.) (1.9.2008) by Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979), arts. 1(1), 2(1), 3, 6, 8

Commencement Information

I1 S. 33 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2 S. 33 in force at 1.9.2008 in so far as not already in force by S.I. 2008/2261, art. 2 (with Schs. 1, 2)