The Childcare (Supply and Disclosure of Information) (England) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 961

Children And Young Persons, England

The Childcare (Supply and Disclosure of Information) (England) (Amendment) Regulations 2008

Made

31st March 2008

Laid before Parliament

9th April 2008

Coming into force

1st September 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 83(1) and (2), and 84(1) and (3) of the Childcare Act 2006(1):

Citation and commencement

1.  These Regulations may be cited as the Childcare (Supply and Disclosure of Information) (England) (Amendment) Regulations 2008 and come into force on 1st September 2008.

Amendment to the Childcare (Supply and Disclosure of Information) (England) Regulations 2007

2.  The Childcare (Supply and Disclosure of Information) (England) Regulations 2007(2) are amended as follows.

3.  In regulation 2 (interpretation), in the definitions of “registered person” and “registration”, after “Chapter” insert “2, 3 or”.

4.  In regulation 4 (supply of information to Her Majesty’s Revenue and Customs)—

(a) in paragraph (1)(b), for “6(a), (c), (d) and (e)” substitute “6, 9 and 10”, and

(b) in paragraph (2)(a), after “has been cancelled”, insert “and the date of cancellation”.

5.  In regulation 5 (supply of information to local authorities), in paragraph (2)(a), after “has been cancelled”, insert “and the date of cancellation”.

6.  In regulation 7 (disclosure of information to protect children from harm or neglect), in paragraph (a), before “Part 1” insert “paragraphs 1 to 4 and 5A of”.

7.  In regulation 9 (required provision of information to various prescribed persons), in paragraph (3)(b), for “and 12” substitute “, 12 and 13”.

8.  In regulation 10 (required provision of information to parents), in paragraph (3)—

(a) in sub-paragraph (a), for “3” substitute “4”; and

(b) in sub-paragraph (b), after “paragraphs” insert “8,”.

9.  In Schedule 1—

(a) in paragraph 5, omit “and, if applicable, the date on which the registration ceased”;

(b) after paragraph 5, insert—

“5A.   Whether the person is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the Act.”;

(c) at the end of paragraph 6, insert—

“and,

in relation to a step mentioned in any of sub-paragraphs (b) to (e), the date on which the step was taken.”;

(d) in paragraph 16, after “section” insert “39, 59 or”; and

(e) after paragraph 17, insert—

“18.   Information about the most recent inspection by the Chief Inspector of the childcare in respect of which that person is registered, including information as to how to obtain a copy of any report made by the Chief Inspector in relation to that inspection.”.

Beverley Hughes

Minister of State

Department for Children, Schools and Families

31st March 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Childcare (Supply and Disclosure of Information) (England) Regulations 2007 (S.I. 2007/722) (“the principal Regulations”).

The primary amendment made by these Regulations concerns the range of persons encompassed by the provisions of the principal Regulations. Currently, the principal Regulations relate to information that may or must be provided by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) in respect of providers of childcare registered under Chapter 4 of Part 3 of the Childcare Act 2006 (“the Act”), namely, those who have registered in Part B of the general childcare register (voluntary registration).

Regulation 3 of these Regulations amends the definitions of “registered person” and “registration”, so that the principal Regulations apply to persons registered either in the early years register (under Chapter 2 of Part 3 of the Act) or in Part A or B of the general childcare register (under Chapter 3 or 4 of Part 3 of the Act).

Regulations 4 to 9 make amendments as to the prescribed information which may or must be disclosed under sections 83(1) and (2), and 84(1) and (3) of the Act. They variously add to, omit or modify the prescribed information which may or must be disclosed by the Chief Inspector. In particular, regulation 9(b) adds to Part 1 of Schedule 1 to the principal Regulations a new item of information (namely, in which register or part of the register a person is registered), and regulation 9(e) adds to Part 3 of Schedule 1 a new item of information (namely, information about the Chief Inspector’s most recent inspection, and where a copy of any report of that inspection may be obtained).

An impact assessment has not been produced for this instrument as no impact on business, charities or voluntary bodies is foreseen, and the impact on the public sector is minimal.

(1)

2006 c. 21. See section 98(1) for the definitions of “prescribed” and “regulations”.

(2)

S.I. 2007/722.