The Levelling-up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024

Amendment of the Childcare (General Childcare Register) Regulations 2008

4.—(1) The Childcare (General Childcare Register) Regulations 2008(1) are amended as follows.

(2) In regulation 2 (interpretation) in the definition of “childminder’s assistant”, omit “on domestic premises and”.

(3) In regulation 4 (prescribed requirements for registration)—

(a) in paragraph (1), after “section 54(3)(b)” insert—

“and, in respect of an application for registration under section 55(1)(b)(2) (applications for registration: other later years providers), section 55(3)(b)”;

(b) for paragraph (2), substitute—

“(2) In respect of an application for registration under section 55(1)(a) or (1A) of the Act, Part 1 of Schedule 2 contains requirements prescribed for the purposes of section 55(3)(b) of the Act.”.

(4) In regulation 5 (information to accompany application for registration)—

(a) in paragraph (1), after “section 54(1)” insert “or 55(1)(b)”;

(b) in paragraph (2), for “section 55(1)” substitute “section 55(1)(a)”.

(5) In regulation 11 (information to accompany application for registration) —

(a) in paragraph (1), after “section 62(1)” insert “or 63(1)(b)(3)”;

(b) in paragraph (3), after “section 62(1)” insert “or 63(1)(b)”.

(6) In Schedule 2 (applications for registration: other later years providers)—

(a) in paragraph 5(b)(4), after “which would be later years childminding” insert “, at least some or all of which is on domestic premises,”;

(b) in paragraph 11(1)(5), after “which is not later years childminding”, insert “, at least some or all of which is on domestic premises,”.

(7) In Schedule 3 (requirements governing activities: section 59)—

(a) in the opening words of paragraph 2(1), after “later years childminding” insert—

“in respect of which a person is required to be registered by section 52(1)(6) or 53(1)(b)(7) of the Act”;

(b) in the opening words of paragraph 2(2), after “later years childminding” insert—

“in respect of which a person is required to be registered by section 52(1) or 53(1)(b) of the Act”;

(c) in paragraph 6A(2)(8)—

(i) after “When later years childminding” insert—

“in respect of which a person is required to be registered by section 52(1) or 53(1)(b) of the Act”;

(ii) after “other than later years childminding” insert—

“in respect of which a person is required to be registered by section 52(1) or 53(1)(b) of the Act”;

(d) after paragraph 9 insert—

“9A.   If the registered person is a later years childminder without domestic premises (“P”), P must inform the parents of children for whom P provides the later years childminding that P is not permitted to provide any later years childminding under that registration from any domestic premises.”;

(e) in the opening words of paragraph 13ZA(2)(9) (approval of the suitability of additional premises), after “later years childminding” insert—

“in respect of which a person is required to be registered by section 52(1) or 53(1)(b) of the Act”;

(f) in the opening words of paragraph 13ZA(3), after “would be later years childminding” insert “, at least some or all of which is on domestic premises,”.

(8) In Schedule 5 (applications for registration in Part B of the general childcare register: other childcare providers)—

(a) in paragraph 9(1)(10) after “later years childminding” insert “, at least some or all of which is on domestic premises,”;

(b) in paragraph 17(1)(11) after “later years childminding” insert “, at least some or all of which is on domestic premises,”.

(9) In Schedule 6 (requirements governing the activities of person registered voluntarily)—

(a) for paragraph 11(3) substitute—

“(3) This paragraph does not apply—

(a) if the registered person is a home child-carer; or

(b) where the relevant premises are non-domestic premises(12) and the registered person is—

(i) a childminder (whether with or without domestic premises); or

(ii) a provider of childcare other than a childminder who is registered to provide childcare which is not early years childminding or later years childminding, at least some or all of which is on domestic premises, by virtue of section 96(5) or (9) of the Act.”;

(b) after paragraph 11 insert—

“11A.   If the registered person is a childminder without domestic premises (“P”), P must inform the parents of children for whom P provides the early years or the later years childminding that P is not permitted to provide any early years or later years childminding under that registration from any domestic premises.”;

(c) in paragraph 13(2), after “other than childminding” insert—

“provided by a person registered as a childminder (whether with or without domestic premises) under Chapter 4 of Part 3 of the Act,”;

(d) in paragraph 14A—

(i) in sub-paragraph (2), after “(or both)” insert—

“provided by a person registered as a childminder (whether with or without domestic premises) under Chapter 4 of Part 3 of the Act”;

(ii) for the opening words of sub-paragraph (3) substitute—

“If the proposed provision would be early years childminding or later years childminding, at least some or all of which is on domestic premises, but for section 96(5) or (9) of the Act, P must—”.

(1)

S.I. 2008/975, as amended by S.I. 2009/1545, 2012/1699, 2014/912 and 2015/1562. The definition of “childminder’s assistant” was inserted by S.I. 2012/1699.

(2)

Section 55 was amended by paragraph 12 of Schedule 23 to the LURA.

(3)

Section 63 was amended by paragraph 18 of Schedule 23 to the LURA.

(4)

Paragraph 5 was inserted by S.I. 2024/912.

(5)

Paragraph 11(1) was substituted by S.I. 2015/1562.

(6)

Section 52 was amended by paragraph 9 of Schedule 23 to the LURA.

(7)

Section 53 was amended by paragraph 10 of Schedule 23 to the LURA.

(8)

Paragraph 6A was inserted by S.I. 2014/912.

(9)

Paragraph 13ZA was inserted by S.I. 2015/1562.

(10)

Paragraph 9(1) was substituted by S.I. 2015/1562.

(11)

Paragraph 17(1) was substituted by S.I. 2015/1562.

(12)

See section 98(1) (interpretation of Part 3), as amended by paragraph 24 of Schedule 23 to the LURA as to the meaning of “non-domestic premises”.