The Levelling-up and Regeneration Act 2023 (Commencement No. 5 and Transitional Provision) Regulations 2024

Regulation 3(a)

SCHEDULE 1 Transitional Provision: persons who may only provide childcare on non-domestic premises other than childminders without domestic premises

1.—(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as an early years provider other than a childminder in the early years register under section 37(2)(1) of the 2006 Act (entry on the register and certificates) by virtue of an application for registration made under section 36(1)(2) of the 2006 Act (applications for registration: other early years providers).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as an early years provider other than a childminder in the early years register under section 37(2) of the 2006 Act by virtue of an application for registration made under section 36(1)(a) of the 2006 Act.

2.—(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as an early years provider other than a childminder in the early years register under section 36(1) of the 2006 Act; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as an early years provider other than a childminder in the early years register under section 36(1)(a) of the 2006 Act.

3.—(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a later years provider other than a childminder in Part A of the general childcare register under section 56(2)(3) of the 2006 Act (entry on the register and certificates) by virtue of an application for registration made under section 55(1)(4) of the 2006 Act (applications for registration: other later years providers).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a later years provider other than a childminder in Part A of the general childcare register under section 56(2) of the 2006 Act by virtue of an application for registration made under section 55(1)(a) of the 2006 Act.

4.—(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as a later years provider other than a childminder in Part A of the general childcare register under section 55(1) of the 2006 Act; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as a later years provider other than a childminder in Part A of the general childcare register under section 55(1)(a) of the 2006 Act.

5.—(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a later years provider other than a childminder in Part A of the general childcare register under section 57(2)(5) of the 2006 Act (special procedure for providers registered in the early years register) in relation to later years provision in respect of which a person is required to be registered by section 53(1)(6) of the 2006 Act (requirement to register: other later years providers for children under eight).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a later years provider other than a childminder in Part A of the general childcare register under section 57(2) of the 2006 Act in relation to later years provision in respect of which a person is required to be registered by section 53(1)(a) of the 2006 Act.

6.—(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has given notice to the Chief Inspector under section 57(2) of the 2006 Act for registration as a later years provider other than a childminder in Part A of the general childcare register in relation to later years provision in respect of which a person is required to be registered by section 53(1) of the 2006 Act; and

(b) immediately before the commencement date the Chief Inspector has not discharged their duty under section 57(2) of the 2006 Act in relation to the notice referred to in paragraph (a).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have given the notice referred to in sub-paragraph (1)(a) to the Chief Inspector under section 57(2) of the 2006 Act for registration as a later years provider other than a childminder in Part A of the general childcare register in relation to later years provision in respect of which a person is required to be registered by section 53(1)(a) of the 2006 Act.

7.—(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 64(2)(7) of the 2006 Act (entry on the register and certificates) in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(8) (requirement to register: other early years providers) or 53(1) of the 2006 Act respectively.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 64(2) of the 2006 Act in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

8.—(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as a provider of childcare other than a childminder in Part B of the general childcare register under section 63(1)(9) of the 2006 Act (applications for registration on the general register: other childcare providers) in relation to—

(i) early years provision; or

(ii) later years provision,

in respect of which a person is not required to be registered by section 34(1) or 53(1) of the 2006 Act respectively; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as a provider of childcare other than a childminder in Part B of the general childcare register under section 63(1)(a) of the 2006 Act in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

9.—(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 65(2) of the 2006 Act (special procedure for persons already registered in a childcare register) in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1) or section 53(1) of the 2006 Act respectively.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 65(2) in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

10.—(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has given notice to the Chief Inspector under section 65(2) of the 2006 Act for registration as a provider of childcare other than as a childminder in Part B of the general childcare register in relation to—

(i) early years provision; or

(ii) later years provision,

in respect of which a person is not required to be registered by section 34(1) or section 53(1) of the 2006 Act respectively; and

(b) immediately before the commencement date the Chief Inspector has not discharged their duty under section 65(2) of the 2006 Act in relation to the notice referred to in paragraph (a).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have given the notice referred to in sub-paragraph (1)(a) under section 65(2) of the 2006 Act for registration as a provider of childcare other than a childminder in Part B of the general childcare register in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

(1)

On and after 1st November 2024 (“the commencement date”) section 37 is amended by paragraph 7 of Schedule 23 to the LURA.

(2)

On and after the commencement date section 36 is amended by paragraph 6 of Schedule 23 to the LURA.

(3)

On and after the commencement date section 56 is amended by paragraph 13 of Schedule 23 to the LURA.

(4)

On and after the commencement date section 55 is amended by paragraph 12 of Schedule 23 to the LURA.

(5)

On and after the commencement date section 57 is amended by paragraph 15 of Schedule 23 to the LURA.

(6)

On and after the commencement date section 53 is amended by paragraph 10 of Schedule 23 to the LURA.

(7)

On and after the commencement date section 64 is amended by paragraph 19 of Schedule 23 to the LURA.

(8)

On and after the commencement date section 34 is amended by paragraph 4 of Schedule 23 to the LURA.

(9)

On and after the commencement date section 63 is amended by paragraph 18 of Schedule 23 to the LURA.