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The Childcare (Supply and Disclosure of Information) (England) Regulations 2007

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Statutory Instruments

2007 No. 722

CHILDREN AND YOUNG PERSONS, england

The Childcare (Supply and Disclosure of Information) (England) Regulations 2007

Made

6th March 2007

Laid before Parliament

15th March 2007

Coming into force

6th April 2007

The Secretary of State for Education and Skills, in exercise of the powers conferred by sections 83(1) and (2), 84(1) and (3) and 104(2) of the Childcare Act 2006 M1, makes the following Regulations:

Marginal Citations

M12006 c. 21. See section 98(1) for the definitions of “prescribed” and “regulations”.

Citation and commencementE+W

1.  These Regulations may be cited as the Childcare (Supply and Disclosure of Information) (England) Regulations 2007 and come into force on 6th April 2007.

InterpretationE+W

[F12.  In these Regulations—

“the Act” means the Childcare Act 2006;

“enforcement action” means the serving of any notice, and the imposition of any requirement or condition, upon a registered provider or registered agency by the Chief Inspector, any suspension of registration and, in relation to a registered provider, any application pursuant to section 72 of the Act to a justice of the peace;

[F2“nominated individual”, in relation to a partnership, body corporate or unincorporated association (“person”), means an individual who is a partner in, or a director or other officer of, the person, or a member of its governing body, and is nominated by the person to—

(i)

be responsible for dealing with matters relating to the application for, and any other matters relating to, registration, and

(ii)

oversee (either alone or jointly with others) the management of the early years or later years provision or registered agency, as the case may be;]

“registered agency” means a person registered under Chapter 2A (regulation of early years childminder agencies) or Chapter 3A (regulation of later years childminder agencies) of Part 3 of the Act;

“registered provider” means a person registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the Act;

“registration” means—

(i)

in relation to a childminder agency, registration under Chapter 2A or 3A of Part 3 of the Act; and

(ii)

in relation to a person who provides childcare, registration under Chapter 2, 3 or 4 of Part 3 of the Act;

[F3“relevant person” means—

(i)

a registered provider,

(ii)

a nominated individual, or

(iii)

an individual who is a partner in, or a director or other officer of, the early or later years provider, or a member of its governing body;]

“relevant premises” means, in relation to a registered provider, the premises on which the provision of childcare by that person takes place or, as the case may be, is intended to take place, or took place at the relevant time;

“setting” means, in relation to a registered provider, the premises on which the provision of childcare takes place or, as the case may be, is intended to take place, or took place at a material time, together with any equipment and personnel associated with the provision of that childcare.]

Textual Amendments

General provisionsE+W

3.—(1) For the purposes of regulations 4, 5, 6 and 10, information is not to be treated as prescribed information which may or must be disclosed—

(a)where it includes information as to the identity of any child to whom childcare is being or has been provided without the consent of a parent of the child identified; or

(b)where it includes information as to the identity of a parent or relative of such a child (unless the parent or relative in question is the childcare provider) without the consent of the parent or relative identified.

(2) For the purposes of regulations 4 to 10, information is not to be treated as prescribed information which may or must be disclosed where the Chief Inspector is required under any enactment, by any rule of law or by the order of a court not to disclose the information.

(3) In this regulation—

“disclosure” includes making information available, or the provision of information, to a person or body, and “disclose” shall be construed accordingly;

“parent” includes any individual who—

(i)

has parental responsibility for a child, or

(ii)

has care of a child.

Supply of information to [F4the Secretary of State and] Her Majesty's Revenue and CustomsE+W

4.—(1) For the purposes of section 83(1) of the Act, the information specified in—

(a)Part 1 of Schedule 1, and

(b)paragraphs [F56, 9 and 10] of Part 2 of Schedule 1,

is prescribed as information which must be provided to [F6the Secretary of State and] Her Majesty's Revenue and Customs when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a), (c), (d) or (e) of section 83(1) in relation to [F7the registration of a person who provides childcare].

[F8(1A) For the purposes of section 83(1) of the Act, the information specified in paragraphs 1 to 8 of Schedule 4 is prescribed as information which must be provided to the Secretary of State and Her Majesty’s Revenue and Customs when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a), (c), (d) or (e) of section 83(1) in relation to a childminder agency’s registration.]

(2) For the purposes of section 83(2) of the Act—

(a)information that [F7the registration of a person who provides childcare] has been cancelled [F9and the date of cancellation], and

(b)the information specified in Part 1 of Schedule 1,

is prescribed as information about that [F10registered provider] which must be provided to [F6the Secretary of State and] Her Majesty's Revenue and Customs if an order is made under section 72(2) of the Act.

Textual Amendments

Supply of information to local authoritiesE+W

5.—(1) For the purposes of section 83(1) of the Act, the information specified in Parts 1 and 2 of Schedule 1 is prescribed as information which must be provided to the relevant local authority when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a) to (e) of section 83(1) in relation to [F11the registration of a person who provides childcare].

[F12(1A) For the purposes of section 83(1) of the Act, the information specified in paragraphs 1 to 10 of Schedule 4 is prescribed as information which must be provided to the relevant local authority when the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a) to (e) of section 83(1) in relation to a childminder agency’s registration.]

(2) For the purposes of section 83(2) the Act—

(a)information that [F11the registration of a person who provides childcare] has been cancelled [F13and the date of cancellation], that a condition to which the registration is subject has been varied or removed, or that a new condition has been imposed on the registration, and

(b)the information specified in Part 1 of Schedule 1,

is prescribed as information about that [F14registered provider] which must be provided to the relevant local authority if an order is made under section 72(2) of the Act.

Textual Amendments

Disclosure of information to assist parents or prospective parentsE+W

6.—[F15(1)] For the purposes of section 84(1) of the Act, the information specified—

(a)in Part 1 of Schedule 1;

(b)in paragraphs 6 and 7, and 9 to 13, of Part 2 of Schedule 1, and

(c)in Part 3 of Schedule 1,

is prescribed as information about a [F16registered provider] which the Chief Inspector may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early years or later years provider.

[F17(2) For the purposes of section 84(1) of the Act, the information specified in paragraphs 1 to 9 and 11 to 13 of Schedule 4 is prescribed as information about a registered agency which the Chief Inspector may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early or later years provider.]

Textual Amendments

Disclosure of information to protect children from harm or neglectE+W

7.—[F18(1)] For the purposes of section 84(1) of the Act, the information specified in—

(a)[F19paragraphs 1 to 4 and 5A of] Part 1 of Schedule 1, and

(b)Schedule 3,

is prescribed as information about a [F20registered provider] which the Chief Inspector may arrange to be made available for the purpose of protecting children from harm or neglect.

[F21(2) For the purposes of section 84(1) of the Act, the information specified in paragraphs 1 to 6, 9, 10, 14 and 15 of Schedule 4 is prescribed as information about a registered agency which the Chief Inspector may arrange to be made available for the purpose of protecting children from harm or neglect.]

Textual Amendments

Required provision of information to child protection agencies and police forcesE+W

8.—(1) Where a written request concerning a [F22registered provider] has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in Schedule 3 as has been requested and is held by her in relation to that [F22registered provider].

[F23(1A) Where a written request concerning a registered agency has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in paragraphs 5, 9, 10, 14 and 15 of Schedule 4 as has been requested and is held by the Chief Inspector in relation to that registered agency.]

(2) The prescribed persons referred to in paragraph (1) are—

(a)a child protection agency; and

(b)[F24a local policing body, or] a police authority or a chief officer within the meaning of section 126 of the Police Act 1997 M2.

(3) In this regulation, “child protection agency” means the National Society for the Prevention of Cruelty to Children and any body or authority exercising within the United Kingdom statutory functions relating to the protection of children.

Textual Amendments

Marginal Citations

Required provision of information to various prescribed personsE+W

9.—(1) Where a written request concerning a [F25registered provider] has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by her in relation to that [F25registered provider].

[F26(1A) Where a written request concerning a registered agency has been received from a person prescribed in paragraph (2A), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3A) as has been requested and is held by the Chief Inspector in relation to that registered agency.]

(2) The prescribed persons referred to in paragraph (1) are—

(a)a fostering agency within the meaning of section 4(4) of the Care Standards Act 2000 M3;

(b)a voluntary adoption agency within the meaning of section 4(7) of that Act;

(c)the National Assembly for Wales;

[F27(d)Social Care and Social Work Improvement Scotland;]

(e)a Health and Social Services Board in Northern Ireland M4;

(f)a body acting on behalf of the Crown in the Channel Islands or the Isle of Man; and

(g)the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare.

[F28(h)a childminder agency;]

[F29(2A) The prescribed persons referred to in paragraph (1A) are the persons specified in sub-paragraphs (a) to (g) of paragraph (2).]

(3) Subject to paragraph (4), the prescribed information referred to in paragraph (1) is the information specified in—

(a)Part 1 of Schedule 1;

(b)paragraphs 6, 7, 9, 10[F30, 12 and 13] of Part 2 of Schedule 1; and

(c)Schedule 2.

[F31(3A) Subject to paragraph (4), the prescribed information referred to in paragraph (1A) is the information specified in paragraphs 1 to 9, 10, 14 and 15 of Schedule 4.]

(4) Any information referred to in paragraph (3) [F32or (3A)] is not to be treated as prescribed information which must be provided to a prescribed person where the information has previously been provided by the Chief Inspector to that prescribed person.

Textual Amendments

Marginal Citations

M4The Children (Northern Ireland) Order 1995 S.I. 1995/755 (N.I. 2) as amended imposes certain duties on Health and Social Services Boards in Northern Ireland. Part 11 makes provision for child minding and day care for young children in Northern Ireland.

Required provision of information to parentsE+W

10.—(1) Where a written request concerning a registered person has been received from a person prescribed in paragraph (2), the Chief Inspector must, pursuant to section 84(3) of the Act, for the purpose of —

(a)assisting parents in choosing an early years or later years provider, or

(b)protecting children from harm or neglect,

provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by her in relation to that registered person.

(2) The prescribed persons referred to in paragraph (1) are the parents of children to whom childcare is being or has been provided by the registered person referred to in paragraph (1).

(3) Subject to paragraph (4), the prescribed information referred to in paragraph (1) is the information specified in—

(a)paragraphs 1 to [F334] of Part 1 of Schedule 1;

(b)paragraphs [F348,] 13 and 14 of Part 2 of Schedule 1, and

(c)[F35paragraphs 16, 19 and 20] of Part 3 of Schedule 1.

(4) Any information referred to in paragraph (3) is not to be treated as prescribed information—

(a)where the information is available to the parent, to whom it would fall to be provided, by other means reasonably at his disposal;

(b)where to provide the information would involve disproportionate effort or expense;

(c)where the circumstances indicate that the information is or may be sought in contemplation or furtherance of civil proceedings against the Chief Inspector or any other person or body; or

(d)where the information has previously been provided by the Chief Inspector to that parent.

Textual Amendments

Beverley Hughes

Minister of State

Department for Education and Skills

Regulations 4, 5, 6, 7, 9 and 10

SCHEDULE 1E+W

PART 1E+WCore information

1.  The person's name.E+W

2.  The business name, if any, under which childcare is (or, as the case may be, was or is intended to be) provided by the person, or by which the setting is generally known.E+W

3.  Any unique reference number or other identifier used by the Chief Inspector in relation to the person.E+W

4.  The person's address.E+W

5.  The date of registration F36....E+W

Textual Amendments

[F375A.  Whether the person is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the Act.]E+W

Textual Amendments

PART 2E+WAdditional information

6.  Where the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a) to (e) of section 83(1) of the Act in respect of the person's registration, information as to which of the steps he is taking, namely—E+W

(a)granting the person's application for registration;

(b)giving notice of her intention to cancel the person's registration;

(c)cancelling the person's registration;

(d)suspending the person's registration; or

(e)removing the person from the register at that person's request [F38and,

in relation to a step mentioned in any of sub-paragraphs (b) to (e), the date on which the step was taken.]

Textual Amendments

7.  Whether the person is registered as—E+W

(a)a childminder, or

(b)a provider of childcare other than childminding in respect of premises in England.

8.  Where the person is registered as a childminder, whether the relevant premises are either (or a combination of)—E+W

(a)the person's home,

(b)the child's home, or

(c)other domestic premises.

9.  Where the relevant premises are not the child's home, the address of the relevant premises if different from the person's address.E+W

10.  Any telephone number, fax number or e-mail address of the person or the relevant premises supplied to the Chief Inspector by the person.E+W

11.  Information as to the time and duration of the provision of childcare.E+W

12.  Information as to the number of children, and the ages of those children, to whom childcare is, or is to be, provided.E+W

13.  The conditions, if any, attaching to the person's registration.E+W

14.  Information connected with any enforcement action taken against the person by the Chief Inspector.E+W

15.  The name of the local authority in whose area the relevant premises are located or, where the relevant premises are the child's home, the name of the local authority in whose area the person's address is located.E+W

PART 3E+WFurther additional information

16.  Information obtained or received by a person authorised by the Chief Inspector as to whether the prescribed requirements for registration which applied to that person continue to be satisfied, and whether the person is complying with the requirements imposed on him by regulations under section [F3939, 59 or] 67 of the Act and any conditions of registration in the provision of childcare.E+W

Textual Amendments

17.  Information about any complaints that have been made to the Chief Inspector about the person.E+W

[F4018.  Information about the most recent inspection by the Chief Inspector of the childcare in respect of which that person is registered, including information as to how to obtain a copy of any report made by the Chief Inspector in relation to that inspection.]E+W

Textual Amendments

[F4119.  Where it is the case, the fact that a relevant person—E+W

(a)is also a relevant person in respect of one or more other existing registrations, or

(b)has also been a relevant person in respect of one or more previous registrations.]

Textual Amendments

[F4120.—(1) Where it is the case, the fact that the registered person is a family member of a person—E+W

(a)whose registration has been cancelled under section 68 of the Act, or

(b)who has requested removal from a register under section 70 of the Act,

and there has been no change of the relevant premises.

(2) In this paragraph family member means—

(a)a husband, wife, civil partner, or the former of any of these,

(b)a child,

(c)a parent, or

(d)a grandparent, brother, sister, uncle or aunt, whether of full blood or half blood, or by marriage, civil partnership, or step-parent.]

Textual Amendments

Regulation 9

SCHEDULE 2E+W

1.  Information obtained or received by the Chief Inspector in the course of ascertaining the suitability of a person for registration.E+W

2.  Information obtained or received by a person authorised by the Chief Inspector for the purposes of section 77 of the Act (powers of entry) while exercising any power conferred by that section.E+W

3.  Information connected with any enforcement action taken against the person by the Chief Inspector.E+W

Regulations 7 and 8

SCHEDULE 3E+W

1.  Information concerning the setting for the childcare provided by that person.E+W

2.  The person's date of registration.E+W

3.  The conditions, if any, attaching to the person's registration.E+W

4.  Information obtained or received by the Chief Inspector in the course of ascertaining the suitability of a person for registration.E+W

5.  Information obtained or received by a person authorised by the Chief Inspector for the purposes of section 77 of the Act while exercising any power conferred by that section.E+W

6.  Information about any child—E+W

(a)receiving childcare from the person, or

(b)in the setting in which the person works.

7.  Information connected with any enforcement action taken against the person by the Chief Inspector.E+W

Regulations 4 to 9

[F42SCHEDULE 4E+W

Textual Amendments

1.  The name of the childminder agency.E+W

2.  The name of the nominated individual.E+W

3.  Any unique reference number or other identifier used by the Chief Inspector in relation to the childminder agency.E+W

4.  The address of the childminder agency or, where the childminder agency is to operate from more than one site, the address of each site.E+W

5.  The date of registration.E+W

6.  Whether the childminder agency is registered under Chapter 2A or Chapter 3A of Part 3 of the Act, or both, as the case may be.E+W

7.  Where the Chief Inspector takes one of the steps mentioned in sub-paragraphs (a) to (e) of section 83(1) of the Act in respect of the childminder agency’s registration, information as to which of the steps the Chief Inspector is taking, namely—E+W

(a)granting the person’s application for registration;

(b)giving notice of intention to cancel the person’s registration;

(c)cancelling the person’s registration;

(d)suspending the person’s registration; or

(e)removing the person from the register at that person’s request and,

in relation to a step mentioned in any of sub-paragraphs (b) to (e), the date on which the step was taken.

8.  Any telephone number, fax number or e-mail address of the childminder agency supplied to the Chief Inspector.E+W

9.  The conditions, if any, attaching to the childminder agency’s registration and the date on which they were imposed.E+W

10.  Information connected with any enforcement action taken against the registered agency by the Chief Inspector.E+W

11.  Information obtained or received by a person authorised by the Chief Inspector as to whether the prescribed requirements for registration which applied to the registered agency continue to be satisfied, and whether the registered agency is complying with any other requirements imposed on him by regulations under Part 3 of the Act and any conditions of registration.E+W

12.  Information about any complaints that have been made to the Chief Inspector about the registered agency.E+W

13.  Information about the most recent inspection by the Chief Inspector of the childminder agency, including information as to how to obtain a copy of any report made by the Chief Inspector in relation to that inspection.E+W

14.  Information obtained or received by the Chief Inspector in the course of ascertaining the suitability of a person for registration as a childminder agency.E+W

15.  Information obtained or received by a person authorised by the Chief Inspector for the purposes of section 78A of the Act (powers of entry) while exercising any power conferred by that section.]E+W

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the disclosure by Her Majesty's Chief Inspector of Education, Children's Services and Skills (“the Chief Inspector”) of prescribed information about childcare providers who have registered voluntarily under Chapter 4 of Part 3 of the Childcare Act 2006, and the childcare provided by such providers.

Regulations 4 and 5 prescribe the information which must be provided to Her Majesty's Revenue and Customs and to the relevant local authority respectively when the Chief Inspector takes a step specified in section 83(1) of the Act, or a justice of the peace makes an order under section 72(2) of the Act.

Regulation 6 prescribes the information which the Chief Inspector may arrange to be made available to assist parents or prospective parents in choosing an early years or later years provider.

Regulation 7 prescribes the information which the Chief Inspector may arrange to be made available for the purpose of protecting children from harm or neglect.

Regulation 8 prescribes the information which the Chief Inspector, when requested, must provide to child protection agencies and police forces for the purpose of protecting children from harm or neglect.

Regulation 9 prescribes the information which the Chief Inspector, when requested, must provide to a person or body prescribed in regulation 9(2) for the purpose of protecting children from harm or neglect.

Regulation 10 prescribes the information which the Chief Inspector, when requested, must provide to a parent whose child is being provided with childcare by a person who has registered voluntarily, either for the purpose of assisting the parent in choosing childcare provision, or to protect children from harm or neglect.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.dfes.gov.uk/ria and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

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