Part 3Regulation of Provision of Childcare in England
Chapter 3Regulation of later years provision for children under 8
Process of registration
54Applications for registration: later years childminders F1with domestic premises
(1)
A person who proposes to provide later years childminding in respect of which he is required by section 52(1) to be registered may make an application F2— .
(a)
to the Chief Inspector for registration F3in Part A of the general childcare register as a later years childminder with domestic premises, or
(b)
to a later years childminder agency for registration with that agency as a later years childminder F4with domestic premises.
(2)
An application under subsection (1) must—
(a)
give any prescribed information about prescribed matters,
(b)
give any other information which the Chief Inspector F5or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and
(c)
F6if it is an application to the Chief Inspector, be accompanied by any prescribed fee.
(3)
The Chief Inspector must grant an application under subsection (1) F7(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 subsection (1) F8(a) which subsection (3) does not require him to grant.
F9(4A)
A later years childminder agency may grant an application under subsection (1)(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;
F10(aa)
prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder F11with domestic premises if the applicant is registered with a childminder agency;
(ab)
prohibiting the applicant from being registered with a later years childminder agency as a later years childminder F12with 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 later years childminding is to be provided;
(c)
the arrangements for later years childminding 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.
55Applications for registration: other later years providers
(1)
A person who proposes to provide F13... later years provision in respect of which he is required by section 53(1) to be registered may make an application to the Chief F14—
(a)
in any case, to the Chief Inspector for registration as a later years provider other than a childminder, or
(b)
if the later years provision is later years childminding—
(i)
to the Chief Inspector for registration as a later years childminder without domestic premises, or
(ii)
to a later years childminder agency for registration with that agency as a later years childminder without domestic premises,
(whether or not an application is also made under paragraph (a)).
F15(1A)
A person who proposes to provide F16... later years provision in respect of which the person is required by section 53(1A) to be registered may make an application—
(a)
to the Chief Inspector for registration as a later years provider F17..., or
(b)
to a later years childminder agency for registration with that agency as a later years provider F17....
(2)
An application under subsection (1) F18or (1A) must—
(a)
give any prescribed information about prescribed matters,
(b)
give any other information which the Chief Inspector F19or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and
(c)
F20if it is an application to the Chief Inspector, be accompanied by any prescribed fee.
(3)
The Chief Inspector must grant an application under F21subsection (1)(a) or (b)(i) F22or (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)
F25(4A)
A later years childminder agency may grant an application under subsection F26(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;
F27(aa)
prohibiting the applicant from being registered in Part A of the general childcare register as a later years provider other than a childminder if the applicant is registered with a childminder agency;
(ab)
prohibiting the applicant from being registered with a later years childminder agency as a later 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;
F28(ac)
prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder without domestic premises if the applicant is registered with a childminder agency;
(ad)
prohibiting the applicant from being registered with a later years childminder agency as a later 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 later years provision is to be provided;
(c)
the arrangements for later 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.
56Entry on the register and certificates
(1)
If an application under section 54(1) F29(a) is granted, the Chief Inspector must—
(a)
register the applicant in Part A of the general childcare register as a later years childminder F30with domestic premises, and
(b)
give the applicant a certificate of registration stating that he is so registered.
(2)
(a)
(b)
give the applicant a certificate of registration stating that he is so registered.
F35(2A)
(a)
register the applicant in Part A of the general childcare register as a later years childminder without domestic premises, and
(b)
give the applicant a certificate of registration stating that the applicant is so registered.
(3)
(4)
If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered later years provider an amended certificate.
(5)
If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered later years provider a copy, on payment by the provider of any prescribed fee.
F3756ALater years childminder agencies: registers and certificates
(1)
If an application under section 54(1)(b) is granted, the later years childminder F38with domestic premises agency must—
(a)
register the applicant in the register maintained by the agency as a later years childminder, and
(b)
give the applicant a certificate of registration stating that he or she is so registered.
F39(1A)
(a)
register the applicant in the register maintained by the agency as a later years childminder without domestic premises, and
(b)
give the applicant a certificate of registration stating that the applicant is so registered.
(2)
If an application under section 55(1A)(b) is granted, the later years childminder agency must—
(a)
register the applicant in the register maintained by the agency as a later years provider other than a childminder F40..., and
(b)
give the applicant a certificate of registration stating that he or she is so registered.
(3)
(4)
If there is a change of circumstances which requires the amendment of a certificate of registration, the later years childminder agency must give the registered later years provider an amended certificate.
57Special procedure for F42providers registered in the early years register
(1)
If a person who is registered in the early years register as an early years childminder F43with or without domestic premises gives notice to the Chief Inspector that he proposes to provide later years childminding in respect of which he is required to be registered under this Chapter, the Chief Inspector must—
(a)
register the person in Part A of the general childcare register F44—
(i)
in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises;
(ii)
otherwise, as a later years childminder without domestic premises, and
(b)
give the person a certificate of registration stating that he is so registered.
(2)
If a person who is registered in the early years register F45... as an early years provider other than a childminder gives notice to the Chief Inspector that he proposes to provide later years provision in respect of which he is required to be registered under this Chapter F45..., the Chief Inspector must—
(a)
register the person in Part A of the general childcare register as a later years provider other than a childminder F45..., and
(b)
give the person a certificate of registration stating that he is so registered.
(3)
Subsections (3) to (5) of section 56 apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.
F4657ASpecial procedure for providers registered with early years childminder agencies
(1)
Subsection (2) applies where—
(a)
a person is registered with an early years childminder F47with or without domestic premises agency as an early years childminder, and
(b)
that agency is also a later years childminder agency.
(2)
If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must—
(a)
register the person in the register maintained by the agency F48—
(i)
in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises;
(ii)
otherwise, as a later years childminder without domestic premises, and
(b)
give the person a certificate of registration stating that he or she is so registered.
(3)
Subsection (4) applies where—
(a)
a person is registered with an early years childminder agency F49... as an early years provider other than a childminder, and
(b)
that agency is also a later years childminder agency.
(4)
If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter F50..., the agency must—
(a)
register the person in the register maintained by the agency as a later years provider other than a childminder F50..., and
(b)
give the person a certificate of registration stating that he or she is so registered.
(5)
Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.