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The Childcare (General Childcare Register) Regulations 2008

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Regulations 10(3) and 11(4)

SCHEDULE 5Applications for registration in Part B of the general childcare register: other childcare providers

This schedule has no associated Explanatory Memorandum

PART 1Prescribed requirements for registration

Requirements relating to the applicant

1.  The applicant is suitable to provide childcare.

2.  Where the applicant is an individual, the applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspector.

Requirements relating to the manager

3.  The applicant has appointed an individual to manage the childcare provision (“the manager”).

4.  The manager is suitable to care for children.

5.  An application for an enhanced criminal record certificate in respect of the manager (if not the applicant) is provided to the Chief Inspector.

Requirements relating to the nominated individual and other persons

6.  Where the applicant is a partnership, body corporate or unincorporated association, the applicant has nominated an individual who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant (“the nominated individual”) to—

(a)be responsible for dealing with matters relating to the applicant’s application for registration, and subsequent registration, in Part B of the general childcare register, and

(b)oversee (either alone or jointly with others) the management of the childcare.

7.  The nominated individual is suitable to be in regular contact with children.

8.  An application for an enhanced criminal record certificate in respect of the nominated individual (if not the manager) is provided to the Chief Inspector.

Additional requirements for certain childcare on domestic premises

9.—(1) This paragraph applies in the case of childcare provided on domestic premises which is not early years childminding or later years childminding by virtue of section 96(5) or 96(9) of the Act(1) where the applicant for registration is an individual.

(2) Every person (other than the applicant or the manager) who is to care for children for whom the childcare is provided, is suitable to care for children.

(3) An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (2).

(4) Every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who—

(a)lives on the relevant premises, or

(b)works on the relevant premises,

is suitable to be in regular contact with children.

(5) For the purposes of sub-paragraph (4)(b)—

(a)a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b)a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the childcare is not being provided.

(6) An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (4).

Requirements relating to the arrangements for the childcare

10.  At least one person who is to care for the children for whom the childcare is provided has an appropriate first aid qualification.

11.  The childcare is provided—

(a)in respect of a particular child for a continuous period of at least two hours per day, or

(b)as part of arrangements whereby childcare is provided for a period ending at the start of normal school hours, or beginning at the end of normal school hours.

PART 2Prescribed information about prescribed matters

Information relating to the applicant and the nominated individual

12.  Where the applicant is an individual, the applicant’s full name (and any alias and former name), date of birth, address and telephone number.

13.—(1) This paragraph applies where the applicant is a partnership, body corporate or unincorporated association.

(2) The name, address and telephone number of the applicant.

(3) In the case of an applicant which is a body corporate, its registered number and, in the case of an applicant which is a registered charity, its registered charity number.

(4) The full name (and any alias and former name), date of birth, address and telephone number of the nominated individual.

14.  The following information about the criminal convictions and cautions of the applicant and the nominated individual—

(a)the date of the offence,

(b)the nature of the offence,

(c)the place at which the offence was committed, and

(d)either—

(i)the name of the court by or before which the applicant was convicted, the date of the conviction and the penalty imposed, or

(ii)the date of the caution.

Information relating to the manager

15.  The full name (and any alias and former name) of the manager and, except where that person is also either the applicant or the nominated individual, their date of birth, address and telephone number.

16.  The following information about the criminal convictions and cautions of the manager (unless that person is also either the applicant or the nominated individual)—

(a)the date of the offence,

(b)the nature of the offence,

(c)the place at which the offence was committed, and

(d)either—

(i)the name of the court by or before which the applicant was convicted, the date of the conviction and the penalty imposed, or

(ii)the date of the caution.

Additional information about certain childcare on domestic premises

17.—(1) This paragraph applies in the case of childcare provided on domestic premises which is not early years childminding or later years childminding by virtue of section 96(5) or 96(9) of the Act where the applicant for registration is an individual.

(2) The full name (and any alias and former name), date of birth and address of every person who is to care for the children for whom the childcare is to be provided.

(3) The full name (and any alias and former name), date of birth and address of every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who works on the relevant premises.

(4) For the purposes of sub-paragraph (3)—

(a)a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b)a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the childcare is not provided.

(5) The full name (and any alias and former name) and date of birth of every person who has attained the age of 16 and who lives on the relevant premises.

Information relating to the childcare

18.  The following information about the childcare which the applicant proposes to provide—

(a)the address of the premises on which it is to be provided,

(b)the days on which, and hours during which, it is to be provided, and

(c)the number of children for whom it is to be provided, and their ages.

(1)

Section 96(5) of the Childcare Act 2006 provides that early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three. The effect of section 96(9) of that Act is explained by footnote (a) on page 8.

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