Childcare Act 2006

53 Requirement to register: other later years providers for children under eight E+W

[F1 (1 ) A person may not provide, for a child who has not attained the age of eight, later years provision on premises in England which are not domestic premises unless the person is registered in Part A of the general childcare register F2 ....

[F3 (1ZA) Subsection (1) does not apply in relation to later years provision—

(a) if it is later years childminding in respect of which the person providing it is required to be registered under section 52(1), or

(b) if it would be later years childminding but for section 96(9) and in respect of which the person providing it is required to be registered under subsection (1A).]

(1A) A person may not provide, for a child who has not attained the age of eight, later years provision F4 ... in England which would be later years childminding but for section 96(9) unless the person is registered—

(a) in Part A of the general childcare register F5 ..., or

(b) with a later years childminder agency F5 ....]

(2) [F6 Subsections (1) and (1A) do] not apply in relation to later years provision for a child if—

(a) the provision is made at any of the following [F7 institutions] as part of the [F7 institution's ] activities—

(i) a maintained school,

(ii) a school [F8 approved ] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii) [F9 an independent educational institution] [F10 or an alternative provision Academy that is not an independent school],

(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 later 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 later years provision;

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

(c) the nature of the later 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 later 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. 53(1)(1A) substituted for s. 53(1) (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. 16(2); S.I. 2014/889, arts. 3(m), 7(e)

F2 Words in s. 53(1) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 6(a); S.I. 2015/1329, reg. 6(b)

F3 S. 53(1ZA) inserted (1.1.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 76(7)(a), 164(1); S.I. 2015/1329, reg. 6(a)

F4 Words in s. 53(1A) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 76(7)(b), 164(1); S.I. 2015/1329, reg. 6(a)

F5 Words in s. 53(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. 6(b); S.I. 2015/1329, reg. 6(b)

F6 Words in s. 53(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. 16(3); S.I. 2014/889, arts. 3(m), 7(e)

F7 Word in s. 53(2)(a) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(2)(a); S.I. 2014/3364, art. 2(z)

F8 Word in s. 53(2)(a)(ii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(2)(b); S.I. 2014/3364, art. 2(z)

F9 Words in s. 53(2)(a)(iii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(2)(c); S.I. 2014/3364, art. 2(z)

F10 Words in s. 53(2)(a)(iii) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 19 (with art. 3)

F11 Word in s. 53(2)(b) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(3); S.I. 2014/3364, art. 2(z)

F12 S. 53(2)(c) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(4); S.I. 2014/3364, art. 2(z)

F13 Words in s. 53(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. 16(4); S.I. 2014/889, arts. 3(m), 7(e)

F14 Words in s. 53(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. 16(5); S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

C1 S. 53(1) excluded (E.W.) (1.9.2008) by Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979), arts. 1(1), 2(4), arts. 4-8

Commencement Information

I1 S. 53 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2 S. 53 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)