Childcare Act 2006

34 Requirement to register: other early years providers

(1) A person may not provide—

(a) early years provision on premises in England which are not domestic premises, or

(b) early years provision on domestic premises in England which would be early years childminding but for section 96(5),

unless he is registered in the early years register in respect of the premises.

(2) Subsection (1) does not apply in relation to early years provision for a child or children who has (or have) attained the age of three if—

(a) the provision is made at any of the following schools as part of the school’s activities—

(i) a maintained school,

(ii) a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii) an independent school,

(b) the provision is made by the proprietor of the school or a person employed to work at the school, and

(c) the child is a registered pupil at the school or, if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

(3) 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 provision.

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

(a) the person providing the early years provision;

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

(c) the nature of the early years provision;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(5) A person commits an offence if, without reasonable excuse, he provides early years provision in contravention of subsection (1).

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