Office of Public Sector Information
PART 3 continued CHAPTER 5 continued
(1) Regulations may require persons registered under any of Chapters 2 to 4 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.
(1) This section applies where the Chief Inspector—
(a) is determining, for the purpose of deciding whether to grant an application for registration under Chapter 2, 3 or 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), 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
(b) A does not give his consent or withdraws his consent after giving it.
(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.
(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.
(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);
(b) section 65(1) and (2);
(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 him,
(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 his 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 by him.
(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)).
The Secretary of State may by order—
(a) amend this Part so as to enable an application for registration under section 36(1), 55(1) or 63(1) to be made in respect of more than one set of premises, and
(b) make such further amendments of this Part as appear to him to be necessary or expedient in consequence of the amendments made by virtue of paragraph (a).
(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.”
(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) Subject to subsection (5), “early years childminding” means early years provision on domestic premises for reward (and “early years childminder” is to be read accordingly).
(5) 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.
(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) Subject to subsection (9), “later years childminding” means later years provision on domestic premises for reward (and “later years childminder” is to be read accordingly).
(9) Later years provision on domestic premises for reward is not later years childminding if at any time the number of persons providing the later years provision on the premises or assisting with the provision exceeds three.
(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.
(1) In this Part—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England;
“childcare” has the meaning given by section 18;
“domestic premises” means premises which are used wholly or mainly as a private dwelling;
“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);
“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;
“prescribed” means prescribed by regulations;
“proprietor”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56);
“regulations” means regulations made by the Secretary of State;
“the Tribunal” has the meaning given by section 69(11);
“young child” has the meaning given by section 19.
(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.
Childcare Act 2006