Part 3Regulation of Provision of Childcare in England
Chapter 1General functions of Chief Inspector
F131General functions of the Chief Inspector
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I23I6732Maintenance of the two childcare registers
1
The Chief Inspector must maintain two registers.
2
The first register (“the early years register”) is to be a register of F48—
b
all persons registered as early years childminder agencies under Chapter 2A (which provides for the compulsory registration of persons with whom early years childminders and certain other early years providers may register for the purposes of Chapter 2).
3
The second register (“the general childcare register”) is to be divided into two Parts.
4
The first Part (“Part A”) is to be a register of F52—
b
all persons registered as later years childminder agencies under Chapter 3A (which provides for the compulsory registration of persons with whom later years childminders and certain other later years providers may register for the purposes of Chapter 3).
5
The second Part (“Part B”) is to be a register of all persons who are registered as childminders or other childcare providers F56by the Chief Inspector for the purposes of Chapter 4 (which provides for the voluntary registration of persons providing early years provision or later years provision in respect of which they are not required to be registered under Chapter 2 or 3).
Chapter 2Regulation of early years provision
Requirements to register
I51I6833Requirement to register: early years childminders
C11
A person may not provide early years childminding in England unless he is registered F57as an early years childminder—.
a
in the early years register, or
b
with an early years childminder agency.
2
The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.
3
The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—
a
the person providing the early years childminding;
b
the child or children for whom it is provided;
c
the nature of the early years childminding;
d
the premises on which it is provided;
e
the times during which it is provided;
f
the arrangements under which it is provided.
4
If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.
5
An enforcement notice may be served on a person—
a
by delivering it to him, or
b
by sending it by post.
6
An enforcement notice has effect until it is revoked by the Chief Inspector.
7
A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).
8
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I52I6934Requirement to register: other early years providers
C2F58 1
A person may not provide early years provision on premises in England which are not domestic premises unless the person is registered in the early years register F232....
F2311ZA
Subsection (1) does not apply in relation to early years provision—
a
if it is early years childminding in respect of which the person providing it is required to be registered under section 33(1), or
b
if it would be early years childminding but for section 96(5) and in respect of which the person providing it is required to be registered under subsection (1A).
1A
A person may not provide early years provision F233... in England which would be early years childminding but for section 96(5) unless the person is registered—
a
in the early years register F234..., or
b
with an early years childminder agency F234....
2
F59Subsections (1) and (1A) do not apply in relation to early years provision for a child or children who has (or have) attained the age of F225two if—
a
the provision is made at any of the following F209institutions as part of the F209 institution's activities—
i
a maintained school,
ii
a school F210approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
iii
F211an independent educational institution,
b
F213c
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, F60subsections (1) and (1A) do not apply in relation to early 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 early years provision;
b
the child or children for whom it is provided;
c
the nature of the early 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 early years provision in contravention of subsection (1) F61or (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.
Process of registration
I53I7035Applications for registration: early years childminders
1
A person who proposes to provide early years childminding in respect of which he is required by section 33(1) to be registered may make an application F62— .
a
to the Chief Inspector for registration as an early years childminder in the early years register, or
b
to an early years childminder agency for registration with that agency as an early years childminder.
2
An application under subsection (1) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F63or (as the case may be) the early years childminder agency reasonably requires the applicant to give, and
c
F64 if 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) F65 (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) F66 (a) which subsection (3) does not require him to grant.
F674A
An early 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;
F68aa
prohibiting the applicant from being registered in the early years register as an early years 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 childminder 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 childminding is to be provided;
c
the arrangements for early 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.
I54I7136Applications for registration: other early years providers
1
F691A
A person who proposes to provide F235... 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 F237..., or
b
to an early years childminder agency for registration with that agency as an early years provider F237....
2
An application under subsection (1) F70or (1A) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F71or (as the case may be) the early years childminder agency reasonably requires the applicant to give, and
c
F72if 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) F73or (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 subsection (1) F74or (1A)(a) which subsection (3) does not require him to grant.
F754A
An early years childminder agency may grant an application under subsection (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;
F76aa
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;
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.
I55I7237Entry on the register and certificates
1
If an application under section 35(1) F77(a) is granted, the Chief Inspector must—
a
register the applicant in the early years register as an early years childminder, and
b
give the applicant a certificate of registration stating that he is so registered.
2
If an application under section 36(1) F78or (1A)(a) is granted, the Chief Inspector must—
a
register the applicant in the early years register as an early years provider other than a childminder F238..., and
b
give the applicant a certificate of registration stating that he is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
4
If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered early 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 early years provider a copy, on payment by the provider of any prescribed fee.
37AF79Early years childminder agencies: registers and certificates
1
If an application under section 35(1)(b) is granted, the early years childminder agency must—
a
register the applicant in the register maintained by the agency as an early years childminder, and
b
give the applicant a certificate of registration stating that he or she is so registered.
2
If an application under section 36(1A)(b) is granted, the early years childminder agency must—
a
register the applicant in the register maintained by the agency as an early years provider other than a childminder F239..., and
b
give the applicant a certificate of registration stating that he or she is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
4
If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.
I7338Conditions on registration
1
The Chief Inspector may impose such conditions as he thinks fit on the registration of an early years provider F80in the early years register .
2
The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 37 or at any subsequent time.
3
The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
4
The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.
F2065
An early years provider registered F40in the early years register commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).
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.
Requirements to be met by early years providers
I139The Early Years Foundation Stage
1
For the purpose of promoting the well-being of young children for whom early years provision is provided by early years providers to whom section 40 applies, the Secretary of State must—
a
by order specify in accordance with section 41 such requirements as he considers appropriate relating to learning by, and the development of, such children (“learning and development requirements”), and
b
by regulations specify in accordance with section 43 such requirements as he considers appropriate governing the activities of early years providers to whom section 40 applies (“welfare requirements”).
2
The learning and development requirements and the welfare requirements are together to be known as “the Early Years Foundation Stage”.
I7440Duty to implement Early Years Foundation Stage
1
This section applies to—
a
early years providers providing early years provision in respect of which they are registered under this Chapter, and
b
early years providers providing early years provision in respect of which, but for section 34(2) (exemption for provision for children aged F2262 or over at certain schools), they would be required to be registered under this Chapter.
2
An early years provider to whom this section applies—
a
must secure that the early years provision meets the learning and development requirements, and
b
must comply with the welfare requirements.
I241The learning and development requirements
1
The learning and development requirements must cover the areas of learning and development specified in subsection (3).
2
The learning and development requirements may specify in relation to each of the areas of learning and development—
a
the knowledge, skills and understanding which young children of different abilities and maturities are expected to have before the 1st September next following the day on which they attain the age of five (“early learning goals”);
b
the matters, skills and processes which are required to be taught to young children of different abilities and maturities (“educational programmes”), and
c
the arrangements which are required for assessing children F17for the specified purposes (“assessment arrangements”).
3
The areas of learning and development are as follows—
a
personal, social and emotional development,
b
communication, language and literacy,
c
problem solving, reasoning and numeracy,
d
knowledge and understanding of the world,
e
physical development, and
f
creative development.
4
The Secretary of State may by order amend subsection (3).
F164A
In subsection (2)(c) “ the specified purposes ” means—
a
the purpose of ascertaining what children have achieved in relation to the early learning goals, and
b
such other purposes as the Secretary of State may by order specify.
5
A learning and development order may not require—
a
the allocation of any particular period or periods of time to the teaching of any educational programme or any matter, skill or process forming part of it, or
b
the making in the timetables of any early years provider of provision of any particular kind for the periods to be allocated to such teaching.
6
In this section “a learning and development order” means an order under section 39(1)(a).
I342Further provisions about assessment arrangements
F21A1
Before making a learning and development order specifying assessment arrangements the Secretary of State—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as the Secretary of State considers appropriate.
1
A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.
2
Those persons are—
a
an early years provider,
b
the governing body or head teacher of a maintained school in England, F22...
c
an English local authority.
F29 d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23e
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.
3
A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.
F183A
A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
F244
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F25The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—
a
to enter premises on which the early years provision is provided,
b
to observe implementation of the arrangements, F22...
c
to inspect, and take copies of, documents and other articles.
F196
A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
6A
In this section “ delegated supplementary provisions ” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
F206AA
A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
6B
A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
6C
Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.
7
In this section “a learning and development order” means an order under section 39(1)(a).
I443Welfare requirements
1
The matters that may be dealt with by welfare regulations include—
a
the welfare of the children concerned;
b
the arrangements for safeguarding the children concerned;
c
suitability of persons to care for, or be in regular contact with, the children concerned;
d
qualifications and training;
e
the suitability of premises and equipment;
f
the manner in which the early years provision is organised;
g
procedures for dealing with complaints;
h
the keeping of records;
i
the provision of information.
2
Before making welfare regulations, the Secretary of State must consult the Chief Inspector and any other persons he considers appropriate.
3
Welfare regulations may provide—
a
that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and
b
that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
In this section “welfare regulations” means regulations under section 39(1)(b).
I544Instruments specifying learning and development or welfare requirements
1
A relevant instrument may, instead of containing the provisions to be made, refer to provisions in a document F26published by a person, and in the manner, specified in the instrument and direct that those provisions are to have effect or, as the case may be, are to have effect as specified in the instrument.
2
3
In particular, that power may be exercised so as to require or authorise the Chief Inspector F83or early years childminder agencies, in exercising those functions, to have regard to factors, standards and other matters prescribed by or referred to in the instrument.
4
If a relevant instrument requires any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the instrument, the instrument may also provide for any allegation that the person has failed to do so to be taken into account—
a
by the Chief Inspector in the exercise of his functions under this Part,
F84aa
by early years childminder agencies in the exercise of functions under this Part, or
b
in any proceedings under this Part.
5
In this section “a relevant instrument” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.
I645Procedure for making certain orders
1
This section applies where the Secretary of State proposes to make an order under section 39(1)(a) specifying early learning goals or educational programmes.
2
The Secretary of State must give notice of the proposal—
a
to such bodies representing the interests of early years providers as the Secretary of State considers appropriate, and
b
to any other persons with whom consultation appears to the Secretary of State to be desirable,
and must give them a reasonable opportunity of submitting evidence and representations as to the issues arising.
3
When the Secretary of State has considered any evidence and representations submitted to him in pursuance of subsection (2), he must publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in early years provision—
a
a draft of the proposed order and any associated document, and
b
a summary of the views expressed during the consultation.
4
The Secretary of State must allow a period of not less than one month beginning with the publication of the draft of the proposed order for the submission of any further evidence and representations as to the issues arising.
5
When the period so allowed has expired, the Secretary of State may make the order, with or without modifications.
I746Power to enable exemptions to be conferred
1
Regulations may enable the Secretary of State, in prescribed circumstances, to direct in respect of a particular early years provider or a particular description of early years providers, that to such extent as may be prescribed the learning and development requirements—
a
do not apply, or
b
apply with such modifications as may be specified in the direction.
F271A
Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.
1B
If required by the Secretary of State to do so F31a person designated by the Secretary of State for the purposes of this subsection must keep under review the effect of a direction given under regulations made under subsection (1).
F32 1C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1D
A designation under F30subsection (1B) may make different provision for different purposes.
2
Regulations may enable an early years provider, in prescribed circumstances, to determine in respect of a particular young child that to such extent as may be prescribed the learning and development requirements—
a
do not apply, or
b
apply with such modifications as may be specified in the determination.
I7547Independent schools
1
In section 157 of the Education Act 2002 (c. 32) (independent school standards) after subsection (1) insert—
1A
In relation to England, the standards do not apply to early years provision for pupils who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006).
2
For subsection (2) of that section substitute—
2
In this Chapter “independent school standards” means—
a
the standards for the time being prescribed under this section, and
b
in relation to early years provision in England for pupils who have attained the age of three, the Early Years Foundation Stage.
3
In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the definition of “Chief Inspector” insert—
“early years provision”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;
I66I9348Amendments relating to curriculum
Schedule 1 (which contains amendments relating to the preceding provisions of this Chapter, including amendments excluding or modifying the application to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32)) has effect.
Inspection
I56I7649Inspections
1
This section applies to early years provision in respect of which the early years provider is registered F85in the early years register .
2
The Chief Inspector—
a
must at such intervals as may be prescribed inspect early years provision to which this section applies,
b
must inspect early years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
c
may inspect early years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
3
Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect early years provision at an interval prescribed for the purposes of subsection (2)(a).
4
Regulations may provide that the Chief Inspector is not required by subsection (2)(a) to inspect early years provision at an F214independent educational institutionF33or an alternative provision Academy that is not an independent school if the early years provision is inspected in prescribed circumstances by a body approved by the Secretary of State for the purposes of this subsection.
5
A requirement made by the Secretary of State as mentioned in subsection (2)(b) may be imposed in relation to early years provision at particular premises or a class of premises.
F475A
The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where—
a
the inspection is conducted at the request of a registered person who provides that early years provision, and
b
the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.
6
Regulations may make provision requiring the registered person to notify prescribed persons of the fact that early years provision is to be inspected under this section.
7
If the Chief Inspector so elects in the case of an inspection falling within paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were an inspection falling within paragraph (a) of that subsection.
I7750Report of inspections
I571
After conducting an inspection under section 49, the Chief Inspector must make a report in writing on—
a
the contribution of the early years provision to the well-being of the children for whom it is provided,
b
the quality and standards of the early years provision,
c
how far the early years provision meets the needs of the range of children for whom it is provided, and
d
the quality of leadership and management in connection with the early years provision.
I572
The Chief Inspector—
a
may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
b
must ensure that a copy of the report is sent without delay to the registered person, 23
c
must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and
d
may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.
I573
Regulations may make provision—
a
requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;
b
requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;
c
authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.
F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
I5051Interpretation of Chapter 2
In this Chapter—
“assessment arrangements” is to be read in accordance with section 41(2)(c);
“early learning goals” is to be read in accordance with section 41(2)(a);
“educational programmes” is to be read in accordance with section 41(2)(b);
“learning and development requirements” means requirements specified by order under section 39(1)(a);
“welfare requirements” means requirements specified by regulations under section 39(1)(b).
F86CHAPTER 2ARegulation of early years childminder agencies
Process of registration
51AApplications for registration
1
A person may make an application to the Chief Inspector for registration as an early years childminder agency.
2
An application under subsection (1) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector reasonably requires the applicant to give, and
c
be accompanied by any prescribed fee.
3
The Chief Inspector must grant an application under subsection (1) if—
a
the applicant is not disqualified from registration by regulations under section 76A, 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) which subsection (3) does not require the Chief Inspector to grant.
5
The prescribed requirements for registration may include requirements relating to—
a
the applicant;
b
any persons employed by the applicant;
c
management and control of the applicant (where the applicant is not an individual);
d
the provision to the Chief Inspector of information about early years providers registered with the applicant;
e
the applicant's arrangements for registering early years providers;
f
the applicant's arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance;
g
the applicant's arrangements for ensuring that early years provision is of a sufficient standard.
51BEntry on the register and certificates
1
If an application under section 51A is granted, the Chief Inspector must—
a
register the applicant in the early years register as an early years childminder agency, and
b
give the applicant a certificate of registration stating that the applicant is so registered.
2
A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.
3
If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate.
4
If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee.
51CConditions on registration
1
The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter.
2
The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time.
3
The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
4
An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).
5
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Inspections
51DInspections of early years childminder agencies
1
The Chief Inspector—
a
must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
b
may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
2
For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2.
3
The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where—
a
the inspection is conducted at the request of the agency, and
b
the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.
4
Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.
51EReports of inspections
1
After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on—
a
the quality and standards of the services offered by the early years childminder agency to early years providers registered with it,
b
the quality of leadership and management in the early years childminder agency, and
c
the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it.
2
The Chief Inspector—
a
may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
b
must ensure that a copy of the report is sent without delay to the early years childminder agency,
c
must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and
d
may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.
3
Regulations may make provision—
a
requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;
b
requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;
c
authorising the agency in prescribed cases to charge a fee for providing a copy of the report.
False representations
51FFalse representations
1
A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Chapter 3Regulation of later years provision for children under 8
Requirements to register
I58I7852Requirement to register: later years childminders for children under eight
C31
A person may not provide later years childminding in England for a child who has not attained the age of eight unless he is registered F87as a later years childminder— .
a
in Part A of the general childcare register, or
b
with a later years childminder agency.
2
The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to later years childminding.
3
The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—
a
the person providing the later years childminding;
b
the child or children for whom it is provided;
c
the nature of the later years childminding;
d
the premises on which it is provided;
e
the times during which it is provided;
f
the arrangements under which it is provided.
4
If it appears to the Chief Inspector that a person has provided later years childminding in contravention of subsection (1), the Chief Inspector may serve a notice (“an enforcement notice”) on the person.
5
An enforcement notice may be served on a person—
a
by delivering it to him, or
b
by sending it by post.
6
An enforcement notice has effect until it is revoked by the Chief Inspector.
7
A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides later years childminding in contravention of subsection (1).
8
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I59I7953Requirement to register: other later years providers for children under eight
C4F881
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 F241....
F2401ZA
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 F242... 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 F243..., or
b
with a later years childminder agency F243....
2
F89Subsections (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 F215institutions as part of the F215institution's activities—
i
a maintained school,
ii
a school F216approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
b
F219c
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, F90subsections (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) F91or (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.
Process of registration
I60I8054Applications for registration: later years childminders
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 F92— .
a
to the Chief Inspector for registration as a later years childminder in Part A of the general childcare register, or
b
to a later years childminder agency for registration with that agency as a later years childminder.
2
An application under subsection (1) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F93or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and
c
F94if 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) F95(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) F96(a) which subsection (3) does not require him to grant.
F974A
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;
F98aa
prohibiting the applicant from being registered in Part A of the general childcare register as a later years 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 childminder 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.
I61I8155Applications for registration: other later years providers
1
F991A
A person who proposes to provide F244... 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 F246..., or
b
to a later years childminder agency for registration with that agency as a later years provider F246....
2
An application under subsection (1) F100or (1A) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F101or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and
c
F102if 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) F103or (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 subsection (1) F104or (1A)(a) which subsection (3) does not require him to grant.
F1054A
A later years childminder agency may grant an application under subsection (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;
F106aa
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;
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.
I62I8256Entry on the register and certificates
1
If an application under section 54(1) F107(a) is granted, the Chief Inspector must—
a
register the applicant in Part A of the general childcare register as a later years childminder, and
b
give the applicant a certificate of registration stating that he is so registered.
2
If an application under section 55(1) F108or (1A)(a) is granted, the Chief Inspector must—
a
register the applicant in Part A of the general childcare register as a later years provider other than a childminder F247..., and
b
give the applicant a certificate of registration stating that he is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
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.
56AF109Later years childminder agencies: registers and certificates
1
If an application under section 54(1)(b) is granted, the later years childminder 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.
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 F248..., and
b
give the applicant a certificate of registration stating that he or she is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
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.
I83F11057Special procedure for providers registered in the early years register
1
If a person who is registered in the early years register as an early years childminder 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 as a later years childminder, 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 F249... 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 F249..., 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 F249..., 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.
57AF111Special procedure for providers registered with early years childminder agencies
1
Subsection (2) applies where—
a
a person is registered with an early years childminder 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 as a later years childminder, 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 F250... 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 F251..., the agency must—
a
register the person in the register maintained by the agency as a later years provider other than a childminder F251..., 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.
Regulation
I8458Conditions on registration
1
The Chief Inspector may impose such conditions as he thinks fit on the registration of a later years provider F112in Part A of the general childcare register.
2
The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 56 or 57 or at any subsequent time.
3
The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
4
The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to regulations under section 59.
5
A later years provider registered F41in Part A of the general childcare register commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).
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.
I63I8559Regulations governing activities
1
This section applies to—
a
later years providers providing later years provision in respect of which they are registered under this Chapter, and
b
later years providers providing later years provision in respect of which, but for section 53(2) (exemption for provision for children at certain schools), they would be required to be registered under this Chapter.
2
The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of later years providers to whom this section applies.
3
The regulations may deal with the following matters (among others)—
a
the welfare of the children concerned;
b
the arrangements for safeguarding the children concerned;
c
suitability of persons to care for, or be in regular contact with, the children concerned;
d
qualifications and training;
e
the suitability of premises and equipment;
f
the manner in which the later years provision is organised;
g
procedures for dealing with complaints;
h
the keeping of records;
i
the provision of information.
4
5
6
If the regulations require any person (other than the Chief Inspector) to have regard to or to meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—
a
by the Chief Inspector in the exercise of his functions under this Part,
F117aa
by later years childminder agencies in the exercise of functions under this Part, or
b
in any proceedings under this Part.
7
The regulations may provide—
a
that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and
b
that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Inspection
I64I8660Inspections
1
This section applies to later years provision in respect of which the provider is registered F118in Part A of the general childcare register.
2
The Chief Inspector—
a
must inspect later years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
b
may inspect later years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
3
A requirement made by the Secretary of State as mentioned in subsection (2)(a) may be imposed in relation to later years provision at particular premises or a class of premises.
4
Regulations may make provision requiring the registered person to notify prescribed persons of the fact that later years provision is to be inspected under this section.
I6561Report of inspections
I871
After conducting an inspection under section 60, the Chief Inspector may make a report in writing on such of the following matters as he considers appropriate—
a
the contribution of the later years provision to the well-being of the children for whom it is provided,
b
the quality and standards of the later years provision,
c
how far the later years provision meets the needs of the range of children for whom it is provided, and
d
the quality of leadership and management in connection with the later years provision.
I872
The Chief Inspector—
a
may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
b
must ensure that a copy of the report is sent without delay to the registered person,
c
must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and
d
may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.
I873
Regulations may make provision—
a
requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;
b
requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;
c
authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.
F34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F119CHAPTER 3ARegulation of later years childminder agencies
Pt. 3 Ch. 3A 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. 26; S.I. 2014/889, arts. 3(m), 7(e)
Process of registration
61AApplications for registration
1
A person may make an application to the Chief Inspector for registration as a later years childminder agency.
2
An application under subsection (1) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector reasonably requires the applicant to give, and
c
be accompanied by any prescribed fee.
3
The Chief Inspector must grant an application under subsection (1) if—
a
the applicant is not disqualified from registration by regulations under section 76A, 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) which subsection (3) does not require the Chief Inspector to grant.
5
The prescribed requirements for registration may include requirements relating to—
a
the applicant;
b
any persons employed by the applicant;
c
management and control of the applicant (where the applicant is not an individual);
d
the provision to the Chief Inspector of information about later years providers registered with the applicant;
e
the applicant's arrangements for registering later years providers;
f
the applicant's arrangements in relation to training and monitoring later years providers, and providing such persons with information, advice and assistance;
g
the applicant's arrangements for ensuring that later years provision is of a sufficient standard.
61BEntry on the register and certificates
1
If an application under section 61A is granted, the Chief Inspector must—
a
register the applicant in Part A of the general childcare register as a later years childminder agency, and
b
give the applicant a certificate of registration stating that the applicant is so registered.
2
A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.
3
If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the later years childminder agency an amended certificate.
4
If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the later years childminder agency a copy, on payment by the agency of any prescribed fee.
61CSpecial procedure for registered early years childminder agencies
1
If an early years childminder agency gives notice to the Chief Inspector of a wish to be a later years childminder agency the Chief Inspector must—
a
register the early years childminder agency in Part A of the general childcare register as a later years childminder agency, and
b
give the agency a certificate of registration stating that it is so registered.
2
Subsections (2) to (4) of section 61B apply in relation to a certificate of registration given in pursuance of subsection (1) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) of that section.
61DConditions on registration
1
The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of a later years childminder agency under this Chapter.
2
The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 61B or 61C or at any subsequent time.
3
The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
4
A later years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).
5
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Inspections
61EInspections of later years childminder agencies
1
The Chief Inspector—
a
must inspect a later years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
b
may inspect a later years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
2
For the purposes of an inspection under this section, the Chief Inspector may inspect later years provision provided by later years providers who are registered with the later years childminder agency for the purposes of Chapter 3.
3
The Chief Inspector may charge a prescribed fee for conducting an inspection of a later years childminder agency where—
a
the inspection is conducted at the request of the agency, and
b
the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.
4
Regulations may make provision requiring a later years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.
61FReports of inspections
1
After conducting an inspection under section 61E, the Chief Inspector must make a report in writing on—
a
the quality and standards of the services offered by the later years childminder agency to later years providers registered with it,
b
the quality of leadership and management in the later years childminder agency, and
c
the effectiveness of the arrangements of the later years childminder agency for assuring itself of the quality of the care and education provided by the later years providers registered with it.
2
The Chief Inspector—
a
may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
b
must ensure that a copy of the report is sent without delay to the later years childminder agency,
c
must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and
d
may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.
3
Regulations may make provision—
a
requiring the later years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;
b
requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;
c
authorising the agency in prescribed cases to charge a fee for providing a copy of the report.
False representations
61GFalse representations
1
A person who without reasonable excuse falsely represents that the person is a later years childminder agency commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Chapter 4Voluntary registration
Process of voluntary registration
I862Applications for registration on the general register: childminders
1
A person who provides or proposes to provide in England—
I24a
later years childminding for a child who has attained the age of eight, or
I88b
early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,
may make an application to the Chief Inspector for registration in Part B of the general childcare register as a childminder.
I242
An application under subsection (1) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector reasonably requires the applicant to give, and
c
be accompanied by any prescribed fee.
I243
The Chief Inspector must grant an application under subsection (1) 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.
I244
The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require him to grant.
I245
The prescribed requirements for registration may include requirements relating to—
a
the applicant;
b
the premises on which the childminding is being (or is to be) provided;
c
the arrangements for 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.
I963Applications for registration on the general register: other childcare providers
1
A person who provides or proposes to provide on premises in England—
I25a
later years provision (other than later years childminding) for a child who has attained the age of eight, or
I89b
early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,
may make an application to the Chief Inspector for registration in Part B of the general childcare register F252....
I252
An application under subsection (1) must—
a
give any prescribed information about prescribed matters;
b
give any other information which the Chief Inspector reasonably requires the applicant to give;
c
be accompanied by any prescribed fee.
3
An application under subsection (1) may not be made in respect of provision for a child who has attained the age of F227two if—
a
the provision is made at any of the following F220institutions as part of the F220institution's activities—
i
a maintained school,
ii
a school F221approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
b
F224c
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.
I254
The Chief Inspector must grant an application under subsection (1) 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.
I255
The Chief Inspector must refuse any application under subsection (1) which subsection (4) does not require him to grant.
I256
The prescribed requirements for registration may include requirements relating to—
a
the applicant;
b
the premises on which the childcare is being (or is to be) provided;
c
the arrangements for childcare 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.
I10I2664Entry on the register and certificates
1
If an application under section 62(1) is granted, the Chief Inspector must—
a
register the applicant in Part B of the general childcare register as a childminder, and
b
give the applicant a certificate of registration stating that he is so registered.
2
If an application under section 63(1) is granted, the Chief Inspector must—
a
register the applicant in Part B of the general childcare register as a provider of childcare other than a childminder F253..., and
b
give the applicant a certificate of registration stating that he is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
4
If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered person 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 person a copy, on payment by the provider of any prescribed fee.
I9065Special procedure for persons already registered F120in a childcare register
1
If a person who is registered as a childminder in the early years register or in Part A of the general childcare register gives notice to the Chief Inspector that he wishes to be registered in Part B of the general childcare register, the Chief Inspector must—
a
register the person in Part B of the general childcare register as a childminder, and
b
give the applicant a certificate of registration stating that he is so registered.
2
If a person who is registered (otherwise than as a childminder) in the early years register or in Part A of the general childcare register F254... gives notice to the Chief Inspector that he wishes to be registered in Part B of the general childcare register F254..., the Chief Inspector must—
a
register the person in Part B of the general childcare register as a provider of childcare other than a childminder F254... , and
b
give the person a certificate of registration stating that he is so registered.
3
Subsections (3) to (5) of section 64 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.
F121Voluntary registration of persons registered with childminder agencies
S. 65A and cross-heading 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. 29; S.I. 2014/889, arts. 3(m), 7(e)
65AProcedure for persons already registered with a childminder agency
1
A person who is registered as an early years childminder with an early years childminder agency or as a later years childminder with a later years childminder agency may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision in England of—
a
later years childminding for a child who has attained the age of eight;
b
early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.
2
If a person gives notice to an agency under subsection (1), the agency must—
a
register the person in the register maintained by the agency as a childminder registered under this Chapter, and
b
give the person a certificate of registration stating that he or she is so registered.
3
A person who is registered as an early years provider (other than a childminder) with an early years childminder agency or as a later years provider (other than a childminder) with a later years childminder agency F255... may give notice to the agency that he or she wishes to be registered with the agency in respect of F255...—
a
later years provision (other than later years childminding) for a child who has attained the age of eight;
b
early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.
4
If a person gives notice to an agency under subsection (3), the agency must—
a
register the person in the register maintained by the agency as a provider of childcare (other than a childminder) registered under this Chapter F256..., and
b
give the person a certificate of registration stating that he or she is so registered.
5
A certificate of registration given to the applicant in pursuance of subsection (2) or (4) must contain prescribed information about prescribed matters.
6
If there is a change of circumstances which requires the amendment of a certificate of registration, the agency must give the registered person an amended certificate.
Regulation of persons registering voluntarily
I2766Conditions on registration
1
The Chief Inspector may impose such conditions as he thinks fit on the registration of a person F122in Part B of the general childcare register.
2
The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers a person in pursuance of section 64 or 65 or at any subsequent time.
3
The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
4
The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to regulations under section 67.
5
A person registered F207in Part B of the general childcare register commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).
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.
I11I2867Regulations governing activities
1
This section applies to persons providing early years provision or later years provision (or both) in respect of which they are registered under this Chapter.
2
The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of persons to whom this section applies.
3
The regulations may deal with the following matters (among others)—
a
the welfare of the children concerned;
b
the arrangements for safeguarding the children concerned;
c
suitability of persons to care for, or be in regular contact with, the children concerned;
d
qualifications and training;
e
the suitability of premises and equipment;
f
the manner in which the childcare provision is organised;
g
procedures for dealing with complaints;
h
the keeping of records;
i
the provision of information.
4
5
In particular, it may be so exercised so as to require the Chief Inspector F125, early years childminder agencies or later years childminder agencies, in exercising F126... functions under this Part, to have regard to factors, standards and other matters prescribed by or referred to in the regulations.
6
If the regulations require any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—
a
by the Chief Inspector in the exercise of his functions under this Part,
F127aa
by early years childminder agencies or later years childminder agencies in the exercise of functions under this Part, or
b
in any proceedings under this Part.
Chapter 5Common provisions
Cancellation of registration etc.
I2968Cancellation of registration F135in a childcare register: early years and later years providers
1
The Chief Inspector must cancel the registration of a person registered under Chapter 2, 3 or 4 F128 in the early years register or the general childcare register if it appears to him that the person has become disqualified from registration by regulations under section 75.
2
The Chief Inspector may cancel the registration of a person registered under Chapter 2, 3 or 4 F129in the early years register or the general childcare register if it appears to him—
a
that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,
b
that the person has failed to comply with a condition imposed on his registration under that Chapter,
c
that he has failed to comply with a requirement imposed on him by regulations under that Chapter,
d
in the case of a person registered under Chapter 2 F130in the early years register, that he has failed to comply with section 40(2)(a), or
e
in any case, that he has failed to pay a prescribed fee.
3
The Chief Inspector may cancel the registration of a person registered F131under Chapter 2 in the early years register as an early years childminder if it appears to him that the person has not provided early years childminding for a period of more than three years during which he was registered.
4
The Chief Inspector may cancel the registration of a person registered F132under Chapter 3 in Part A of the general childcare register as a later years childminder if it appears to him that the person has not provided later years childminding for a period of more than three years during which he was registered.
5
The Chief Inspector may cancel the registration of a person registered F133under Chapter 4 in Part B of the general childcare register as a childminder if it appears to him that the person has provided neither early years childminding nor later years childminding for a period of more than three years during which he was registered.
6
Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a person registered under Chapter 2, 3 or 4 F134in the early years register or the general childcare register, his registration may not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—
a
the time set for complying with the requirements has not expired, and
b
it is shown that the defect or insufficiency is due to the changes or additions not having been made.
I12I3069Suspension of registration F141in a childcare register: early years and later years providers
1
Regulations may provide for the registration of a person registered under Chapter 2, 3 or 4 F136in the early years register or the general childcare register to be suspended for a prescribed period in prescribed circumstances.
F2291A
Regulations under subsection (1) may in particular provide that registration may be suspended generally or only in relation to particular premises.
2
Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.
3
A person registered F137under Chapter 2 in the early years register as an early years childminderF257—
a
may not provide early years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;
b
may not provide early years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.
4
A person registered F138under Chapter 3 in Part A of the general childcare register as a later years childminderF258—
a
may not provide later years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;
b
may not provide later years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.
5
Subsection (3) or (4) does not apply in relation to early years childminding or (as the case may be) later years childminding which the person may provide without being registered under Chapter 2 or 3.
6
A person registered F139under Chapter 2 in the early years register as an early years provider (other than an early years childminder)F259—
a
may not provide early years provision at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;
b
may not provide early years provision on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.
7
A person registered F140 under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) F260—
a
may not provide later years provision, for a child who has not attained the age of 8, at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;
b
may not provide later years provision, for a child who has not attained the age of 8, on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.
8
Subsection (6) or (7) does not apply in relation to early years provision or (as the case may be) later years provision which the person may provide without being registered under Chapter 2 or 3.
9
A person commits an offence if, without reasonable excuse, he contravenes subsection (3), (4), (6) or (7).
10
A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
11
In this Part, “the Tribunal” means the F14First-tier Tribunal.
69AF142Cancellation, termination and suspension of registration with a childminder agency
1
Regulations may make provision about the cancellation, termination and suspension of the registration of an early years provider or a later years provider with an early years childminder agency or a later years childminder agency for the purposes of Chapter 2, 3 or 4, in particular—
a
about the termination by an early years provider or a later years provider of his or her registration;
b
for the creation of offences relating to things done while a registration is suspended;
c
about the resolution of disputes between an early years provider or a later years provider and an early years childminder agency or a later years childminder agency.
2
Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension.
3
Regulations made by virtue of subsection (1)(b) may only create offences which are—
a
triable only summarily, and
b
punishable only with a fine not exceeding the level specified in the regulations, which may not exceed level 5 on the standard scale.
69BF143Cancellation of registration: childminder agencies
1
The Chief Inspector must cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector that the person has become disqualified from registration by regulations under section 76A.
2
The Chief Inspector may cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector—
a
that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,
b
that the person has failed to comply with a condition imposed on the registration under that Chapter,
c
that the person has failed to comply with a requirement imposed by regulations under that Chapter,
d
that the person has failed to comply with a requirement imposed by this Chapter, or by regulations under this Chapter, or
e
that the person has failed to pay a prescribed fee.
3
Where a requirement to make any changes or additions to any services has been imposed on a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency, the person's registration may not be cancelled on the ground of any defect or insufficiency in the services, if—
a
the time set for complying with the requirements has not expired, and
b
it is shown that the defect or insufficiency is due to the changes or additions not having been made.
4
Regulations may make provision about the effect of the cancellation under this section of the registration under Chapter 2A or 3A of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.
69CSuspension of registration: childminder agencies
1
Regulations may provide for the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency to be suspended for a prescribed period in prescribed circumstances.
2
Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.
3
Regulations under subsection (1) may make provision about the effect of the suspension of the registration of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.
4
A person registered under Chapter 2A as an early years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—
a
exercise any functions of an early years childminder agency, or
b
represent that the person may exercise such functions.
5
A person registered under Chapter 3A as a later years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—
a
exercise any functions of a later years childminder agency, or
b
represent that the person may exercise such functions.
6
A person commits an offence if, without reasonable excuse, the person contravenes subsection (4) or (5).
7
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I3170Voluntary removal from F145a childcare register: early years and later years providers
1
A person registered under F144Chapter 2, 3 or 4 may give notice to the Chief Inspector that he wishes to be removed from the early years register or (as the case may be) from Part A or B of the general childcare register.
2
If a person gives notice under subsection (1) the Chief Inspector must remove him from the early years register or (as the case may be) from the relevant Part of the general childcare register.
3
The Chief Inspector must not act under subsection (2) if—
a
the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of his intention to cancel his registration, and
b
the Chief Inspector has not decided that he no longer intends to take that step.
4
The Chief Inspector must not act under subsection (2) if—
a
the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of his decision to cancel his registration, and
b
the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.
5
Subsections (3) and (4) do not apply if the person is seeking removal from Part B of the general childcare register.
70AF146Voluntary removal from a childcare register: childminder agencies
1
A person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency may give notice to the Chief Inspector of a wish to be removed from the early years register or (as the case may be) from Part A of the general childcare register.
2
If a person gives notice under subsection (1) the Chief Inspector must remove the person from the early years register or (as the case may be) from Part A of the general childcare register.
3
The Chief Inspector must not act under subsection (2) if—
a
the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of the Chief Inspector's intention to cancel the person's registration, and
b
the Chief Inspector has not decided that he or she no longer intends to take that step.
4
The Chief Inspector must not act under subsection (2) if—
a
the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of the Chief Inspector's decision to cancel the person's registration, and
b
the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.
I1971Termination of voluntary registration F147in Part B of the general childcare register on expiry of prescribed period
Regulations may make provision requiring the Chief Inspector to remove a registered person from Part B of the general childcare register on the expiry of a prescribed period of time from the date of his registration.
Cancellation etc. in an emergency
I3272Protection of children in an emergency
1
In relation to a person registered under Chapter 2, 3 or 4 F148in the early years register or the general childcare register , the Chief Inspector may apply to F44the family court for an order—
a
cancelling the person's registration;
b
varying or removing a condition to which his registration is subject;
c
imposing a new condition on his registration.
2
3
An application under subsection (1) may be made without notice.
4
An order under subsection (2)—
a
must be made in writing, and
b
has effect from the time when it is made.
5
If an order is made under subsection (2), the Chief Inspector must serve on the registered person as soon as is reasonably practicable after the making of the order—
a
a copy of the order,
b
a copy of any written statement in support of the application for the order, and
c
notice of any right of appeal conferred by section 74.
6
The documents mentioned in subsection (5) may be served on the registered person by—
a
delivering them to him, or
b
sending them by post.
7
For the purposes of this section, “harm” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.
Registration – procedural safeguards
I3373Procedure for taking certain steps
1
This section applies if the Chief Inspector proposes to take any of the following steps under this Part—
a
refuse an application for registration;
b
impose a new condition on a person's registration;
c
vary or remove any condition imposed on a person's registration;
d
refuse to grant an application for the variation or removal of any such condition;
e
cancel a person's registration.
2
The Chief Inspector must give to the applicant or (as the case may be) the registered person notice of his intention to take the step in question.
3
The notice must—
a
give the Chief Inspector's reasons for proposing to take the step, and
b
inform the person concerned of F149the person's rights under this section.
4
The Chief Inspector may not take the step until the end of the period of 14 days beginning with the day on which he gives notice under subsection (2) unless the applicant or (as the case may be) the registered person notifies the Chief Inspector that F150the applicant or registered person does not wish to object to the step being taken.
5
6
An objection made in pursuance of subsection (5) may be made orally or in writing and in either case may be made by the recipient or F153the recipient's representative.
7
If the Chief Inspector decides to take the step, he must give the recipient notice of his decision (whether or not the recipient informed the Chief Inspector that F154the recipient wished to object to the step being taken).
8
The taking of a step mentioned in paragraph (b), (c) or (e) of subsection (1) does not have effect until—
a
the expiry of the time within which an appeal may be brought under section 74, or
b
if such an appeal is brought, the time when the appeal is determined (and the taking of the step is confirmed).
9
Subsection (8) does not prevent such a step having effect before the expiry of the time within which an appeal may be brought if the person concerned notifies the Chief Inspector that F155the person does not intend to appeal.
10
If the Chief Inspector gives notice to an applicant for registration under Chapter 2 or 3 that he intends to refuse F156the application, the application may not be withdrawn without the consent of the Chief Inspector.
11
In this section and in section 74, “a new condition” means a condition imposed otherwise than at the time of the person's registration.
I13I3474Appeals F162relating to registration in a childcare register
1
An applicant for registration or (as the case may be) a registered person may appeal to the Tribunal against the taking of any of the following steps by the Chief Inspector under this Part—
a
the refusal of F157the application for registration;
b
the imposition of a new condition on F158the person's registration;
c
the variation or removal of any condition imposed on F159the person's registration;
d
the refusal of an application to vary or remove any such condition;
e
the cancellation of F160the person's registration.
2
An applicant for registration or (as the case may be) a registered person may also appeal to the Tribunal against any other determination made by the Chief Inspector under this Part which is of a prescribed description.
3
A person against whom an order is made under section 72(2) may appeal to the Tribunal against the making of the order.
4
On an appeal the Tribunal must either—
a
confirm the taking of the step, the making of the other determination or the making of the order (as the case may be), or
b
direct that it shall not have, or shall cease to have, effect.
5
Unless the Tribunal has confirmed the taking of a step mentioned in subsection (1)(a) or (e) or the making of an order under section 72(2) cancelling a person's registration, the Tribunal may also do either or both of the following—
a
impose conditions on the registration of the person concerned;
b
vary or remove any condition previously imposed on F161the registration.
Disqualification from registration F163: early years and later years providers
Words in Pt. 3 Ch. 5(crossheading)(disqualification)(from)(registration) 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. 43; S.I. 2014/889, arts. 3(m), 7(e)
I2075Disqualification from registrationF164: early years and later years providers
1
In this section, “registration” means registration under Chapters 2, 3 and 4.
2
Regulations may provide for a person to be disqualified from registration.
3
The regulations may, in particular, provide for a person to be disqualified from registration if—
a
he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);
b
he is subject to a direction under section 142 of the Education Act 2002 (c. 32) on the grounds that he is unsuitable to work with children or on grounds relating to his health;
F230ba
he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);
c
an order of a prescribed kind has been made at any time with respect to him;
d
an order of a prescribed kind has been made at any time with respect to a child who has been in his care;
e
a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
f
he has at any time been refused registration under Chapter 2, 3 or 4 of this Part of this Act or under Part 10 or Part 10A of the Children Act 1989 (c. 41) F28or under Part 2 of the Children and Families (Wales) Measure 2010 or any prescribed enactment, or had any such registration cancelled;
g
he has been convicted of an offence of a prescribed kind or has been discharged absolutely or conditionally for such an offence;
h
he has been given a caution in respect of an offence of a prescribed kind;
i
he has at any time been disqualified from fostering a child privately (within the meaning of the Children Act 1989 (c. 41));
j
a prohibition has been imposed on him at any time under section 69 of the Children Act 1989, section 10 of the Foster Children (Scotland) Act 1984 (c. 56) or any prescribed enactment;
k
his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
4
Regulations may provide for a person to be disqualified from registration if—
a
he lives in the same household as another person who is disqualified from registration, or
b
he lives in a household in which any such person is employed.
5
Regulations under subsection (2) or (4) may provide for a person not to be disqualified from registration (and in particular may provide for a person not to be disqualified from registration for the purposes of section 76) by reason of any fact which would otherwise cause him to be disqualified if—
a
he has disclosed the fact to the Chief Inspector, and
b
the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn his consent.
6
In this section—
F36...
“enactment” means any enactment having effect at any time in any part of the United Kingdom.
7
A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this section.
76Consequences of disqualification F172: early years and later years providers
1
This section applies to—
a
early years provision in respect of which the provider is required by section 33(1) or 34(1) F165or (1A) to be registered,
b
early years provision in respect of which, but for section 34(2), the provider would be required to be registered,
c
later years provision in respect of which the provider is required by section 52(1) or 53(1) F166or (1A) to be registered, and
d
later years provision in respect of which, but for section 53(2), the provider would be required to be registered.
2
A person who is disqualified from registration by regulations under section 75 must not—
a
provide early years or later years provision to which this section applies, or
b
be directly concerned in the management of early years or later years provision to which this section applies.
3
No person may employ, in connection with the provision of early years or later years provision to which this section applies, a person who is disqualified from registration by regulations under section 75.
F1673A
An early years childminder agency must not register for the purposes of Chapter 2 a person who is disqualified from registration by regulations under section 75.
3B
A later years childminder agency must not register for the purposes of Chapter 3 a person who is disqualified from registration by regulations under section 75.
3C
An early years childminder agency or a later years childminder agency must not register for the purposes of Chapter 4 a person who is disqualified from registration by regulations under section 75.
4
A person who contravenes subsection (2) F168, (3), (3A), (3B) or (3C) commits an offence.
5
A person who contravenes subsection (2) is not guilty of an offence under subsection (4) if—
a
he is disqualified from registration by virtue only of regulations under section 75(4), and
b
he proves that he did not know, and had no reasonable grounds for believing, that he was living—
i
in the same household as a person who was disqualified from registration, or
ii
in a household in which such a person was employed.
6
F1716A
A person (“A”) who contravenes subsection (3A), (3B) or (3C) is not guilty of an offence under subsection (4) if A proves that A did not know, and had no reasonable grounds for believing, that the person registered by A was disqualified from registration.
7
A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.
8
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (7) to 51 weeks is to be read as a reference to 6 months.
F173Disqualification from registration: childminder agencies
Ss. 76A, 76B and cross-heading 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. 46; S.I. 2014/889, arts. 3(m), 7(e)
76ADisqualification from registration: childminder agencies
1
In this section, “ registration ” means registration under Chapter 2A or 3A.
2
Regulations may provide for a person to be disqualified from registration.
3
Regulations under subsection (2) may provide for a person not to be disqualified from registration (and in particular may provide for a person not to be disqualified from registration for the purposes of section 76B) by reason of any fact which would otherwise cause the person to be disqualified if—
a
the person has disclosed the fact to the Chief Inspector, and
b
the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn the consent.
76BConsequences of disqualification: childminder agencies
1
A person who is disqualified from registration by regulations under section 76A must not—
a
exercise any functions of an early years childminder agency or a later years childminder agency,
b
represent that the person can exercise such functions,
c
be a director, manager or other officer of, or partner in, an early years childminder agency or a later years childminder agency, be a member of the governing body of such an agency, or otherwise be directly concerned in the management of such an agency, or
d
work for such an agency in any capacity which involves entering premises on which early years provision or later years provision is being provided.
2
No early years childminder agency or later years childminder agency may employ a person who is disqualified from registration by regulations under section 76A in any capacity which involves—
a
being directly concerned in the management of an early years childminder agency or a later years childminder agency, or
b
entering premises on which early years provision or later years provision is being provided.
3
A person who contravenes subsection (1) or (2) commits an offence.
4
A person (“P”) who contravenes subsection (2) is not guilty of an offence under subsection (3) if P proves that P did not know, and had no reasonable grounds for believing, that the person whom P was employing was disqualified from registration.
5
A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.
6
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
Rights of entry
I3577F177Chief Inspector's powers of entry: early years provision and later years provision
1
2
F5... the Chief Inspector may at any reasonable time enter any premises in England on which early years provision or later years provision in respect of which a person is registered under this Part is being provided—
a
for the purpose of conducting an inspection under section 49 F176, 51D(2), 60 or 61E(2), or
b
for the purpose of determining whether any conditions or requirements imposed by or under this Part are being complied with.
3
F6An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to his functions under subsection (1) or (2)—
a
may be given for a particular occasion or period;
b
may be given subject to conditions.
4
A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b))—
a
inspect the premises;
b
inspect, and take copies of—
i
any records kept by the person providing the childcare, and
ii
any other documents containing information relating to that provision;
c
seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
d
take measurements and photographs or make recordings;
e
inspect any children being cared for there, and the arrangements made for their welfare;
f
interview in private the childcare provider;
g
interview in private any person caring for children, or living or working, on the premises who consents to be interviewed.
5
A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b)) require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under this section.
6
Section 58 of the Education Act 2005 (c. 18) (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
F77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
A person commits an offence if he intentionally obstructs a person exercising any power under this section.
9
A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
10
In this section, “documents” and “records” each include information recorded in any form.
I3678F178Powers of entry under section 77: requirement for consent
1
This section applies where a person (“the authorised person”) proposes to enter domestic premises in pursuance of—
a
provision made by virtue of section 42(1) and (4) in a learning and development order specifying assessment arrangements in relation to early years provision, or
b
a power of entry conferred by section 77(2).
2
If the authorised person has reasonable cause to believe—
a
that the premises are not the home of the person providing the early years or later years provision, or
b
that the premises are the home of a child for whom the early years or later years provision is provided,
the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises.
3
Subsection (2) does not prevent the imposition under section 38, 58 or 66 of a condition requiring a person registered under Chapter 2, 3 or 4 to secure that the occupier of any premises on which the registered person provides early years provision or later years provision gives any consent required by that subsection.
4
In this section—
“a learning and development order” means an order under section 39(1)(a);
“occupier” does not include the person providing the early years or later years rovision.
78A F42Chief Inspector's powers of entry: childminder agencies
1
The Chief Inspector may at any reasonable time enter any premises in England if the Chief Inspector has reasonable cause to believe that a person on the premises is falsely representing—
a
that the person is an early years childminder agency, or
b
that the person is a later years childminder agency.
2
The Chief Inspector may at any reasonable time enter any premises in England which is registered in—
a
the early years register as premises of an early years childminder agency, or
b
Part A of the general childcare register as premises of a later years childminder agency,
for any of the purposes in subsection (3).
3
Those purposes are—
a
conducting an inspection under section 51D(1) or 61E(1);
b
determining whether any conditions or requirements imposed by or under this Part are being complied with.
4
An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to the functions under subsection (1) or (2)—
a
may be given for a particular occasion or period;
b
may be given subject to conditions.
5
A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b))—
a
inspect the premises;
b
inspect, and take copies of—
i
any records kept concerning early years providers or later years providers, and
ii
any other documents containing information relating to such providers;
c
seize and remove any document or other material or thing found there which the person has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
d
take measurements and photographs or make recordings;
e
interview in private any person present on the premises who works there.
6
A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b)) require any person to afford such facilities and assistance with respect to matters within the person's control as are necessary to enable the powers under this section to be exercised.
7
Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
8
It is an offence intentionally to obstruct a person exercising any power under this section.
9
A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
10
In this section, “documents” and “records” each include information recorded in any form.
F20878BPowers of entry under section 78A: requirement for consent
1
This section applies where a person (“ the authorised person ”) proposes to enter domestic premises in pursuance of a power of entry conferred by section 78A(2).
2
If the authorised person has reasonable cause to believe that the premises are the home of a person who—
a
is not employed by the early years childminder agency or (as the case may be) the later years childminder agency, or
b
is not a director, manager or other officer of, or partner in, the agency, a member of its governing body or otherwise directly concerned in the management of the agency,
the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises and who falls within paragraph (a) or (b).
I3779Power of constable to assist in exercise of powers of entry
1
F8The Chief Inspector may apply to a court for a warrant under this section.
2
If it appears to the court that the F9 Chief Inspector—
a
has attempted to exercise a power conferred on him by section 77 F179or 78A but has been prevented from doing so, or
b
is likely to be prevented from exercising any such power,
the court may issue a warrant authorising any constable to assist F10the Chief Inspector in the exercise of the power, using reasonable force if necessary.
3
A warrant issued under this section must be addressed to, and executed by, a constable.
F454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In this section, “court” means the High Court F46or the family court.
Reports and information
F1180Combined reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1281Information to be included in annual reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3882Supply of information to Chief Inspector
F1801
The Chief Inspector may at any time require any person registered under this Part to provide him with any information connected with the person's activities as an early years provider or later years provider F181, or (as the case may be) as an early years childminder agency or later years childminder agency, which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part.
F1822
The Chief Inspector's power under subsection (1) includes a power to require an early years childminder agency or a later years childminder agency to provide the Chief Inspector with information about an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.
I14I3983Supply of information to F37the Secretary of State,HMRC and local authorities F185by the Chief Inspector
1
The Chief Inspector must provide prescribed information to F38the Secretary of State, Her Majesty's Revenue and Customs, and the relevant local authority, if he takes any of the following steps under this Part—
a
grants a person's application for registration;
b
gives notice of his intention to cancel a person's registration;
c
cancels a person's registration;
d
suspends a person's registration;
e
removes a person from the register at that person's request.
2
The Chief Inspector must also provide prescribed information to F38the Secretary of State, Her Majesty's Revenue and Customs, and the relevant local authority, if an order is made under section 72(2).
3
The information which may be prescribed for the purposes of this section is—
a
in the case of information to be provided to Her Majesty's Revenue and Customs, information which Her Majesty's Revenue and Customs may require for the purposes of their functions in relation to tax credits;
F39aa
in the case of information to be provided to the Secretary of State, information which the Secretary of State may require for the purposes of the Secretary of State’s functions in relation to universal credit;
b
in the case of information to be provided to the relevant local authority, information which would assist the local authority in the discharge of their functions under section 12.
4
In this section, “the relevant local authority” means the English local authority for the area in which F183—
a
the person provides (or, as the case may be, has provided) the early years provision or later years provision in respect of which he is (or was) registered.F184;
b
registered premises of the early years childminder agency or later years childminder agency are (or, as the case may be, were) located.
83AF186 Supply of information to the Secretary of State, HMRC and local authorities by childminder agencies
1
An early years childminder agency or a later years childminder agency must provide prescribed information to the Secretary of State, Her Majesty‘s Revenue and Customs, and each relevant local authority, if it—
a
grants a person's application for registration for the purposes of Chapter 2, 3 or 4;
b
takes any other steps under this Part of a prescribed description.
2
The information which may be prescribed for the purposes of this section is—
a
in the case of information to be provided to the Secretary of State, information which the Secretary of State may require for the purposes of the Secretary of State's functions in relation to universal credit under Part 1 of the Welfare Reform Act 2012;
b
in the case of information to be provided to Her Majesty's Revenue and Customs, information which Her Majesty's Revenue and Customs may require F270for the purposes of—
i
their functions in relation to tax credits, or
ii
their functions under the Childcare Payments Act 2014;
c
in the case of information to be provided to a relevant local authority, information which would assist the local authority in the discharge of their functions under section 12.
3
In this section, “ relevant local authority ” means an English local authority for an area in which a person who is (or, as the case may be, was) registered with the early years childminder agency or later years childminder agency for the purposes of Chapter 2 or 3 provides (or has provided) early years provision or later years provision in respect of which he or she is (or was) registered.
I15I4084Disclosure of information for certain purposes F187: the Chief Inspector
1
The Chief Inspector may arrange for prescribed information held by him in relation to persons registered under this Part to be made available for the purpose of—41
a
assisting parents or prospective parents in choosing an early years or later years provider, or
b
protecting children from harm or neglect.
2
The information may be made available in such manner and to such persons as the Chief Inspector considers appropriate.
3
Regulations may require the Chief Inspector to provide prescribed information held by him in relation to persons registered under this Part to prescribed persons for either of the purposes mentioned in subsection (1).
84AF188Disclosure of information for certain purposes: childminder agencies
1
An early years childminder agency or a later years childminder agency may arrange for prescribed information held by the agency in relation to persons registered with the agency under this Part to be made available for the purpose of—
a
assisting parents or prospective parents in choosing an early years provider or later years provider, or
b
protecting children from harm or neglect.
2
The information may be made available in such manner and to such persons as the agency considers appropriate.
3
Regulations may require an early years childminder agency or a later years childminder agency to provide prescribed information held by the agency in relation to persons registered with the agency under this Part to prescribed persons for either of the purposes mentioned in subsection (1).
Offences and criminal proceedings
I4185Offence of making false or misleading statement
1
A person commits an offence if, in an application for registration under any of Chapters 2 to 4, F189 the person knowingly makes a statement which is false or misleading in a material particular.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
85AF228Offence of providing provision other than on approved premises
The Secretary of State may by regulations provide—
a
that a person who without reasonable excuse fails to comply with a prescribed requirement falling within section 35(5)(b), 36(5)(b), 54(5)(b) or 55(5)(b) (premises) is guilty of an offence, and
b
that a person guilty of the offence is liable on summary conviction to a fine.
I4286Time limit for proceedings
1
Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings comes to his knowledge.
2
No such proceedings may be brought by virtue of subsection (1) more than three years after the commission of the offence.
I4387Offences by bodies corporate F192and partnerships
1
F190Subsection (2) applies where any offence under this Part is committed by a body corporate.
2
If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
F1913
Subsection (4) applies where any offence under this Part is committed by a partnership.
4
If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, that partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
I4488Unincorporated associations
1
Proceedings for an offence under this Part which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in the name of any of its members).
2
For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.
3
In proceedings for an offence under this Part brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate.
4
A fine imposed on an unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the association.
5
If an offence under this Part by an unincorporated association is shown—
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
b
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
Miscellaneous
I2189Fees
1
Regulations may require persons registered under any of Chapters 2 to 4 F193in the early years register or the general childcare register to pay to the Chief Inspector at or by prescribed times fees of the prescribed amounts in respect of the discharge by the Chief Inspector of his functions under this Part.
2
Regulations under subsection (1) may prescribe circumstances in which—
a
the amount of a fee payable under the regulations may be varied in accordance with the regulations;
b
a fee payable under the regulations may be waived.
I16I4590Cases where consent to disclosure withheld
1
This section applies where the Chief Inspector—
a
is determining, for the purpose of deciding whether to grant an application for registration under F194any of Chapters 2 to 4, whether the prescribed requirements for registration are satisfied and are likely to be continued to be satisfied, or
b
is determining, for the purpose of deciding whether to cancel the registration of any person under section 68(2)(a) F195or 69B(2)(a), whether the prescribed requirements for registration have ceased, or will cease, to be satisfied.
2
The Chief Inspector may, if regulations so provide and he thinks it appropriate to do so, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied if for the purpose of his determination—
a
the Chief Inspector has requested a person (“A”) to consent to the disclosure by another person (“B”) to the Chief Inspector of information which—
i
relates to A,
ii
is held by B, and
iii
is of a prescribed description, and
I4691Co-operation between authorities
1
If it appears to the Chief Inspector that any English local authority could, by taking any specified action, help in the exercise of any of his functions under this Part, he may request the help of the authority, specifying the action in question.
2
An authority whose help is requested must comply with the request if it is compatible with their own statutory and other duties and does not unduly prejudice the discharge of any of their functions.
I17I9192Combined certificates of registration
1
This section applies if the Chief Inspector is required by virtue of this Part to issue more than one certificate of registration to a person.
2
If the Chief Inspector considers it appropriate, he may combine any two or more of those certificates in a single certificate (a combined certificate).
3
A combined certificate of registration must contain prescribed information about prescribed matters.
4
If there is a change of circumstances which requires the amendment of a combined certificate of registration, the Chief Inspector must give the registered person an amended combined certificate.
5
If the Chief Inspector is satisfied that a combined certificate of registration has been lost or destroyed, the Chief Inspector must give the registered person a copy, on payment by that person of any prescribed fee.
I4793Notices
1
This section applies in relation to notices required or authorised to be given to any person by any of the following—
a
section 57(1) and (2);
F197aa
section 57A(2) and (4);
ab
section 61C(1);
b
section 65(1) and (2);
F198ba
section 65A(1) and (3);
c
section 70(1);
d
section 73(2), (4), (5), (7) and (9).
2
The notice may be given to the person in question—
a
by delivering it to F199the person,
b
by sending it by post, or
c
subject to subsection (3), by transmitting it electronically.
3
If the notice is transmitted electronically, it is to be treated as given only if the requirements of subsection (4) or (5) are met.
4
If the person required or authorised to give the notice is the Chief Inspector—
a
the person to whom the notice is required or authorised to be given must have indicated to the Chief Inspector F200a willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and
b
the notice must be sent to the address provided F201....
5
If the person required or authorised to give the notice is not the Chief Inspector, the notice must be transmitted in such manner as the Chief Inspector may require.
6
An indication given for the purposes of subsection (4) may be given generally for the purposes of notices required or authorised to be given by the Chief Inspector under this Part or may be limited to notices of a particular description.
7
A requirement imposed by the Chief Inspector under subsection (5) must be published in such manner as the Chief Inspector thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it.
8
In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section 73, notification authorised to be given to the Chief Inspector under subsection (4) or (9) of that section may be given orally to a person authorised by the Chief Inspector to receive such notification (as well as by any of the methods mentioned in subsection (2)).
F26194Power to amend Part 3: applications in respect of multiple premises
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9295Certain institutions not to be regarded as schools
1
Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as follows.
2
In subsection (1) after “In this Act” insert “
(subject to subsection (1A))
”
.
3
After subsection (1) insert—
1A
An institution which—
a
provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and
b
is not a maintained nursery school,
is not a school.
Interpretation
I18I4896Meaning of early years and later years provision etc.
1
This section applies for the purposes of this Part.
2
“Early years provision” means the provision of childcare for a young child.
3
“Early years provider” means a person who provides early years provision.
4
5
6
“Later years provision”, in relation to a child, means the provision of childcare at any time during the period—
a
beginning with the 1st September next following the date on which he attains the age of five, and
b
ending with such day as may be prescribed.
7
“Later years provider” means a person who provides later years provision.
8
9
I4997Employees not to be regarded as providing childcare
1
This section applies for the purposes of this Part.
2
Where an individual (“the employee”) is employed to care for a child by a person who provides early years provision or later years provision for the child, the employee is not to be regarded as providing early years provision or (as the case may be) later years provision by virtue of anything done by him in the course of that employment.
I2298Interpretation of Part 3
1
In this Part—
“the Chief Inspector” means F13Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“childcare” has the meaning given by section 18;
F202“ childminder agency ” means—
- a
an early years childminder agency;
- b
a later years childminder agency;
- a
“domestic premises” means premises which are used wholly or mainly as a private dwelling;
F203“ early years childminder agency ” means a person registered in the early years register as an early years childminder agency;
“early years provision” has the meaning given by section 96(2);
“early years provider” has the meaning given by section 96(3);
“early years childminding” and “early years childminder” have the meanings given by section 96(4);
F204“ later years childminder agency ” means a person registered in Part A of the general childcare register as a later years childminder agency;
“later years provision” has the meaning given by section 96(6);
“later years provider” has the meaning given by section 96(7);
“later years childminding” and “later years childminder” have the meanings given by section 96(8);
“premises” includes any area and any vehicle;
F15...
“proprietor”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56);
F15...
“the Tribunal” has the meaning given by section 69(11);
“young child” has the meaning given by section 19.
F2051A
A person is registered for the purposes of this Part if that person is registered—
a
in the early years register,
b
in the general childcare register, or
c
with an early years childminder agency or a later years childminder agency.
2
For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to service by post), a notice or order which may by virtue of any provision of this Part be sent by post to an applicant for registration or to a registered person is to be treated as properly addressed if it is addressed to him at the address notified by him to the Chief Inspector as the address to which correspondence to him should be sent.
Pt. 3 Ch. 2A 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. 13; S.I. 2014/889, arts. 3(m), 7(e)