Childcare Act 2006, Section 35 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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 [F2— .
(a)to the Chief Inspector for registration [F3in the early years register as an early years childminder with domestic premises], or
(b)to an early years childminder agency for registration with that agency as an early years childminder [F4with domestic premises].]
(2)An application under subsection (1) must—
(a)give any prescribed information about prescribed matters,
(b)give any other information which the Chief Inspector [F5or (as the case may be) the early years childminder agency ] reasonably requires the applicant to give, and
(c)[F6 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) [F7 (a) ] if—
(a)the applicant is not disqualified from registration by regulations under section 75, and
(b)it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.
(4)The Chief Inspector must refuse any application under subsection (1) [F8 (a) ] which subsection (3) does not require him to grant.
[F9(4A)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;
[F10(aa)prohibiting the applicant from being registered in the early years register as an early years childminder [F11with domestic premises] 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 [F12with domestic premises] if the applicant is registered—
(i)with another childminder agency;
(ii)in the early years register or the general childcare register;]
(b)the premises on which the 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.
Textual Amendments
F1Words in s. 35 heading inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 5(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
F2Words in s. 35(1) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 6(2); S.I. 2014/889, arts. 3(m), 7(e)
F3Words in s. 35(1)(a) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 5(3)(a) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
F4Words in s. 35(1)(b) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 5(3)(b) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
F5Words in s. 35(2)(b) 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. 6(3)(a); S.I. 2014/889, arts. 3(m), 7(e)
F6Words in s. 35(2)(c) 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. 6(3)(b); S.I. 2014/889, arts. 3(m), 7(e)
F7Word in s. 35(3) 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. 6(4); S.I. 2014/889, arts. 3(m), 7(e)
F8Word in s. 35(4) 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. 6(4); S.I. 2014/889, arts. 3(m), 7(e)
F9S. 35(4A) 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. 6(5); S.I. 2014/889, arts. 3(m), 7(e)
F10S. 35(5)(aa)(ab) 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. 6(6); S.I. 2014/889, arts. 3(m), 7(e)
F11Words in s. 35(5)(aa) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 5(4) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
F12Words in s. 35(5)(ab) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 5(4) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
Commencement Information
I1S. 35 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)
I2S. 35 in force at 1.9.2008 in so far as not already in force by S.I. 2008/2261, art. 2 (with Schs. 1, 2)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
