Childcare Act 2006

36 Applications for registration: other early years providers E+W

(1) A person who proposes to provide F1 ... early years provision in respect of which he is required by section 34(1) to be registered may make an application [F2 —

(a) in any case, to the Chief Inspector for registration as an early years provider other than a childminder, or

(b) if the early years provision is early years childminding—

(i) to the Chief Inspector for registration as an early years childminder without domestic premises, or

(ii) to an early years childminder agency for registration with that agency as an early years childminder without domestic premises,

(whether or not an application is also made under paragraph (a)).]

[F3 (1A) A person who proposes to provide F4 ... early years provision in respect of which the person is required by section 34(1A) to be registered may make an application—

(a) to the Chief Inspector for registration as an early years provider F5 ..., or

(b) to an early years childminder agency for registration with that agency as an early years provider F5 ....]

(2) An application under subsection (1) [F6 or (1A)] must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector [F7 or (as the case may be) the early years childminder agency ] reasonably requires the applicant to give, and

(c) [F8 if it is an application to the Chief Inspector,] be accompanied by any prescribed fee.

(3) The Chief Inspector must grant an application under [F9 subsection (1)(a) or (b)(i)] [F10 or (1A)(a) ] if—

(a) the applicant is not disqualified from registration by regulations under section 75, and

(b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4) The Chief Inspector must refuse any application under [F11 subsection (1)(a) or (b)(i)] [F12 or (1A)(a) ] which subsection (3) does not require him to grant.

[F13 (4A) An early years childminder agency may grant an application under subsection [F14 (1)(b)(ii) or] (1A)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.]

(5) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

[F15 (aa) prohibiting the applicant from being registered in the early years register as an early years provider other than a childminder if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with an early years childminder agency as an early years provider other than a childminder if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;]

[F16 (ac) prohibiting the applicant from being registered in the early years register as an early years childminder without domestic premises if the applicant is registered with a childminder agency;

(ad) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder without domestic premises if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;]

(b) the premises on which the early years provision is to be provided;

(c) the arrangements for early years provision on those premises;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

Textual Amendments

F1 Words in s. 36(1) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 3(a); S.I. 2015/1329, reg. 6(b)

F2 S. 36(1)(a)(b) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 6(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F3 S. 36(1A) 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. 7(2); S.I. 2014/889, arts. 3(m), 7(e)

F4 Words in s. 36(1A) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 3(b); S.I. 2015/1329, reg. 6(b)

F5 Words in s. 36(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. 3(c); S.I. 2015/1329, reg. 6(b)

F6 Words in s. 36(2) 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. 7(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F7 Words in s. 36(2)(b) 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. 7(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F8 Words in s. 36(2)(c) 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. 7(3)(c); S.I. 2014/889, arts. 3(m), 7(e)

F9 Words in s. 36(3) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 6(3) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F10 Words in s. 36(3) 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. 7(4); S.I. 2014/889, arts. 3(m), 7(e)

F11 Words in s. 36(4) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 6(3) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F12 Words in s. 36(4) 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. 7(4); S.I. 2014/889, arts. 3(m), 7(e)

F13 S. 36(4A) 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. 7(5); S.I. 2014/889, arts. 3(m), 7(e)

F14 Words in s. 36(4A) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 6(4) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F15 S. 36(5)(aa)(ab) 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. 7(6); S.I. 2014/889, arts. 3(m), 7(e)

F16 S. 36(5)(ac)(ad) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 6(5) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

Commencement Information

I1 S. 36 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2 S. 36 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)