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6. A later years provider to whom section 59 of the Act applies must—
(a)meet such of the requirements set out in Schedule 3 as are applicable to that provider, and
(b)in the provision of childcare have regard to the needs of each child relating to childcare.
7. In exercising functions under Part 3 of the Act, the Chief Inspector(1) is required to have regard to the requirements set out in Schedule 3.
8. Any allegation that a later years provider to whom section 59 of the Act applies has failed to meet such of the requirements set out in Schedule 3 as are applicable to that provider, or to have regard to the matter specified in regulation 6(b), may be taken into account—
(a)by the Chief Inspector in the exercise of functions under Part 3 of the Act, or
(b)in any proceedings under that Part.
9.—(1) A later years provider who is registered in Part A of the general childcare register commits an offence if, without reasonable excuse, that provider fails to comply with the requirements in paragraph 5 of Schedule 3.
(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
For the definition of “the Chief Inspector” see section 98(1) of the Childcare Act 2006, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c.40).
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