Childcare Act 2006

34 Requirement to register: other early years providers E+W

[F1 (1) A person may not provide early years provision on non-domestic premises in England unless—

(a) the person is registered in the early years register as an early years provider other than a childminder (whether or not the provision is or includes early years childminding), or

(b) the provision is early years childminding, none of which is provided on domestic premises, and the person is registered as an early years childminder without domestic premises—

(i) in the early years register, or

(ii) with an early years childminder agency.

(1ZA) Subsection (1)(a) does not apply to early years provision in respect of which the person providing it is required to be registered under section 33(1) or under subsection (1A).]

(1A) A person may not provide early years provision F2 ... in England which would be early years childminding but for section 96(5) [F3 , and some or all of which is provided on domestic premises,] unless the person is registered [F4 as an early years provider other than a childminder]—

(a) in the early years register F5 ..., or

(b) with an early years childminder agency F5 ....

(2) [F6 Subsections (1) and (1A) do] not apply in relation to early years provision for a child or children who has (or have) attained the age of [F7 two] if—

(a) the provision is made at any of the following [F8 institutions] as part of the [F8 institution's] activities—

(i) a maintained school,

(ii) a school [F9 approved ]under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii) [F10 an independent educational institution],

(b) the provision is made by the proprietor of the [F11 institution] or a person employed to work at the [F11 institution], and

[F12 (c) where the provision is made at a school (including a school that is an independent educational institution)—

(i) the child is a registered pupil at the school, or

(ii) 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, [F13 subsections (1) and (1A) do] 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) [F14 or (1A)].

(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.

Textual Amendments

F1 S. 34(1)(1ZA) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 4(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F2 Words in s. 34(1A) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 76(6)(b), 164(1); S.I. 2015/1329, reg. 6(a)

F3 Words in s. 34(1A) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 4(3)(a) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F4 Words in s. 34(1A) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 4(3)(b) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F5 Words in s. 34(1A)(a)(b) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 2(b); S.I. 2015/1329, reg. 6(b)

F6 Words in s. 34(2) 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. 5(3); S.I. 2014/889, arts. 3(m), 7(e)

F7 Word in s. 34(2) substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 75(1), 164(3)(e)

F8 Word in s. 34(2)(a) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 32(2)(a); S.I. 2014/3364, art. 2(z)

F9 Word in s. 34(2)(a)(ii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 32(2)(b); S.I. 2014/3364, art. 2(z)

F10 Words in s. 34(2)(a)(iii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 32(2)(c); S.I. 2014/3364, art. 2(z)

F11 Word in s. 34(2)(b) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 32(3); S.I. 2014/3364, art. 2(z)

F12 S. 34(2)(c) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 32(4); S.I. 2014/3364, art. 2(z)

F13 Words in s. 34(3) 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. 5(4); S.I. 2014/889, arts. 3(m), 7(e)

F14 Words in s. 34(5) inserted (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. 5(5); S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

C1 S. 34(1) excluded (E.W.) (1.9.2008) by Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979), arts. 1(1), 2(2), arts. 4-9

C2 S. 34(1) excluded (1.11.2024) by S.I. 2008/979, art. 2(1A) (as inserted by The Levelling Up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 6(2)(b))

Commencement Information

I1 S. 34 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2 S. 34 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)