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Childcare Act 2006

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Childcare Act 2006

2006 CHAPTER 21

An Act to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of childcare and the provision of information to parents and other persons; to make provision about the regulation and inspection of childcare provision in England; to amend Part 10A of the Children Act 1989 in relation to Wales; and for connected purposes.

[11th July 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Modifications etc. (not altering text)

C1Act power to amend repealed or modify conferred (conditional) (13.3.2014) by Children and Families Act 2014 (c. 6), s. 137(2)(5)139(1)

Part 1E+WGeneral functions of local authority: England

Improvement of young children's well-beingE+W

1General duties of local authority in relation to well-being of young childrenE+W

(1)An English local authority must—

(a)improve the well-being of young children in their area, and

(b)reduce inequalities between young children in their area in relation to the matters mentioned in subsection (2).

(2)In this Act “well-being”, in relation to children, means their well-being so far as relating to—

(a)physical and mental health and emotional well-being;

(b)protection from harm and neglect;

(c)education, training and recreation;

(d)the contribution made by them to society;

(e)social and economic well-being.

(3)The Secretary of State may, in accordance with regulations, set targets for—

(a)the improvement of the well-being of young children in the area of an English local authority;

(b)the reduction of inequalities between young children in the area of an English local authority in relation to the matters mentioned in subsection (2).

(4)In exercising their functions, an English local authority must act in the manner that is best calculated to secure that any targets set under subsection (3) (so far as relating to the area of the local authority) are met.

(5)In performing their duties under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

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Commencement Information

I1S. 1 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(a)

I2S. 1 in force at 1.4.2008 in so far as not already in force by S.I. 2008/785, art. 2(a)

2Meaning of “early childhood services” for purposes of section 3E+W

(1)In section 3 “early childhood services”, in relation to an English local authority, means—

(a)early years provision;

(b)the social services functions of the local authority, so far as relating to young children, parents or prospective parents;

(c)health services relating to young children, parents or prospective parents;

(d)the provision, under arrangements made under section 2 of the Employment and Training Act 1973 (c. 50), of assistance to parents or prospective parents;

(e)the service provided by the local authority under section 12 (duty to provide information and assistance) so far as relating to parents or prospective parents.

(2)In this section—

  • parent” means a parent of a young child, and includes any individual who—

    (a)

    has parental responsibility for a young child, or

    (b)

    has care of a young child;

  • prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

  • social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

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Commencement Information

I3S. 2 in force at 1.4.2008 by S.I. 2008/785, art. 2(b)

3Specific duties of local authority in relation to early childhood servicesE+W

(1)For the purpose of their general duty under section 1(1), an English local authority have the further duties imposed by subsections (2) and (3).

(2)The authority must make arrangements to secure that early childhood services in their area are provided in an integrated manner which is calculated to—

(a)facilitate access to those services, and

(b)maximise the benefit of those services to parents, prospective parents and young children.

(3)The authority must take steps—

(a)to identify parents or prospective parents in the authority's area who would otherwise be unlikely to take advantage of early childhood services that may be of benefit to them and their young children, and

(b)to encourage those parents or prospective parents to take advantage of those services.

(4)An English local authority must take all reasonable steps to encourage and facilitate the involvement in the making and implementation of arrangements under this section of—

(a)parents and prospective parents in their area,

(b)early years providers in their area, including those in the private and voluntary sectors, and

(c)other persons engaged in activities which may improve the well-being of young children in their area.

[F1(4A)In deciding what arrangements to make under this section, an English local authority must in particular have regard to—

(a)the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and

(b)where in that area those services are provided or are expected to be provided.]

(5)In discharging their duties under this section, an English local authority must have regard to such information about the views of young children as is available to the local authority and appears to them to be relevant to the discharge of those duties.

(6)In discharging their duties under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

(7)In this section—

  • early years provider” has the same meaning as in Part 3;

  • parent” and “prospective parent” have the same meaning as in section 2.

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Amendments (Textual)

Commencement Information

I4S. 3 in force at 1.4.2008 by S.I. 2008/785, art. 2(b)

4Duty of local authority and relevant partners to work togetherE+W

(1)For the purposes of this section each of the following is a relevant partner of an English local authority—

[F2(za)the National Health Service Commissioning Board;”, and]

(a)[F3a clinical commissioning group]F4... F5...for an area any part of which falls within the area of the local authority;3

(b)the Secretary of State, in relation to his functions under section 2 of the Employment and Training Act 1973 (c. 50).

(2)An English local authority must make arrangements to work with each of the authority's relevant partners in the performance by the authority of their duties under sections 1 and 3.

(3)Each of the relevant partners of an English local authority must work with the authority and with the other relevant partners in the making of the arrangements.

(4)An English local authority and each of their relevant partners may for the purposes of arrangements under this section—

(a)provide staff, goods, services, accommodation or other resources;

(b)establish and maintain a pooled fund.

(5)For the purposes of subsection (4) a pooled fund is a fund—

(a)which is made up of contributions by the authority and the relevant partner or partners concerned, and

(b)out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.

(6)An English local authority and each of their relevant partners falling within subsection (1)(a) must, in exercising their functions under this section, have regard to any guidance given from time to time by the Secretary of State.

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Amendments (Textual)

Commencement Information

I5S. 4 in force at 1.4.2008 by S.I. 2008/785, art. 2(b)

Prospective

5Power to amend sections 2 and 4E+W

The Secretary of State may by order—

(a)amend the definition of “early childhood services” in section 2(1), and

(b)in connection with any amendment of that definition, make such other amendments of section 2 or 4 as appear to him to be necessary or expedient.

[F6Children's centresE+W

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Amendments (Textual)

F6Ss. 5A-5G and cross-heading inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 198, 269(2)

5AArrangements for provision of children's centresE+W

(1)Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need.

(2)“Local need” is the need of parents, prospective parents and young children in the authority's area.

(3)In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres—

(a)that are provided outside the authority's area, or

(b)that the authority expect to be provided outside their area.

(4)For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places—

(a)which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner,

(b)through which each of the early childhood services is made available, and

(c)at which activities for young children are provided, whether by way of early years provision or otherwise.

(5)For the purposes of this section, a service is made available—

(a)by providing the service, or

(b)by providing advice and assistance to parents and prospective parents on gaining access to the service.

(6)Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to—

(a)circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a);

(b)circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b).

(7)A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre.

5BChildren's centres: staffing, organisation and operationE+W

(1)Regulations may make provision about the staffing, organisation and operation of children's centres.

(2)The regulations may in particular—

(a)require English local authorities to secure that children's centres have governing bodies;

(b)impose obligations and confer powers on any such governing bodies.

5CChildren's centres: advisory boardsE+W

(1)This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

(2)The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board.

(3)A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority.

(4)An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit.

(5)An advisory board must include persons representing the interests of—

(a)each children's centre within its remit;

(b)the responsible authority;

(c)parents or prospective parents in the responsible authority's area.

(6)An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate.

(7)In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

(8)The guidance may in particular relate to—

(a)the membership of advisory boards;

(b)the organisation and operation of advisory boards.

(9) The “ responsible authority ”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements.

5DChildren's centres: consultationE+W

(1)An English local authority must secure that such consultation as they think appropriate is carried out—

(a)before making arrangements under section 3(2) for the provision of a children's centre;

(b)before any significant change is made in the services provided through a relevant children's centre;

(c)before anything is done that would result in a relevant children's centre ceasing to be a children's centre.

(2)In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

(3)For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services.

(4) A “ relevant children's centre ”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2).

5EDuty to consider providing services through a children's centreE+W

(1)This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

(2)The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres.

(3)Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres.

(4)In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would—

(a)facilitate access to it, or

(b)maximise its benefit to parents, prospective parents and young children.

(5)In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State.

(6)For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body.

(7)For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre.

5FChildren's centres: transitional provisionE+W

(1)This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre.

(2)To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2).

(3)“The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

5GChildren's centres: interpretationE+W

In sections 5A to 5F—

  • children's centre ” has the meaning given by section 5A(4);

  • early childhood services ” has the same meaning as in section 3;

  • parent ” and “ prospective parent ” have the same meaning as in section 2;

  • relevant partner ” has the same meaning as in section 4. ]

Provision of childcareE+W

6Duty to secure sufficient childcare for working parentsE+W

(1)An English local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

(a)to take up, or remain in, work, or

(b)to undertake education or training which could reasonably be expected to assist them to obtain work.

(2)In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

(a)must have regard to the needs of parents in their area for—

(i)the provision of childcare in respect of which the child care element of working tax credit is payable, and

[F7(ia)the provision of childcare in respect of which an amount in respect of childcare costs may be included under section 12 of the Welfare Reform Act 2012 in the calculation of an award of universal credit, and]

(ii)the provision of childcare which is suitable for disabled children, and

(b)may have regard to any childcare which they expect to be available outside their area.

(3)In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Secretary of State.

(4)The Secretary of State may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

(5)Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

(6)In this section—

  • child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);

  • disabled child” means a child who has a disability for the purposes of the [F8Equality Act 2010] ;

  • parent” includes any individual who—

    (a)

    has parental responsibility for a child, or

    (b)

    has care of a child.

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Amendments (Textual)

F8Words in s. 6(6) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 88 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

Commencement Information

I6S. 6 in force at 1.4.2008 by S.I. 2008/785, art. 2(b)

[F9 7 Duty to secure early years provision free of charge in accordance with regulationsE+W

(1)An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who—

(a)is under compulsory school age, and

(b)is of such description as may be prescribed.

(2)Regulations under subsection (1) may in particular include provision about—

(a)how much early years provision is to be made available in pursuance of the duty imposed by subsection (1);

(b)the times at which, and periods over which, early years provision is to be made available in pursuance of that duty.

(3)In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.]

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Amendments (Textual)

F9S. 7 substituted (1.9.2012 for specified purposes, 1.9.2013 in so far as not already in force) by Education Act 2011 (c. 21), ss. 1(2), 82(3); S.I. 2012/1087, art. 3; S.I. 2012/2213, art. 5

Commencement Information

I7 S. 7 in force at 1.4.2008 for specified purposes by S.I. 2008/785 , art. 2(a)

I8 S. 7 in force at 1.9.2008 in so far as not already in force by S.I. 2008/2261 , art. 2 (with Sch. 1 )

[F107ADischarge of duty under section 7E+W

(1)Regulations may require an English local authority to discharge its duty to a young child under section 7 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where—

(a)the early years provider is willing to provide it, and

(b)the early years provider is also willing to accept—

(i)any terms as to the payments which would be made to him or her in respect of the provision, and

(ii)any requirements which would be imposed in respect of it.

(2)Arrangements made by an authority to satisfy any requirement imposed under subsection (1) may be made with an early years provider or with an early years childminder agency or any other person who is able to arrange for an early years provider to provide early years provision.

(3)The regulations may provide that such a requirement—

(a)applies only if the early years provider is of a prescribed description;

(b)applies only if the early years provision provided by the early years provider is of a prescribed description;

(c)does not apply in prescribed circumstances.

(4)The regulations may provide that arrangements made by an authority for the purpose of complying with such a requirement must include provision allowing the local authority to terminate the arrangements in prescribed circumstances.

(5)In this section—

  • early years childminder agency” and “early years provider” have the same meanings as in Part 3;

  • parent” has the same meaning as in section 2.]

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Amendments (Textual)

8Powers of local authority in relation to the provision of childcareE+W

(1)An English local authority may—

(a)assist any person who provides or proposes to provide childcare;

(b)make arrangements with any other person for the provision of childcare;

(c)subject to subsection (3), provide childcare.

(2)The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.

(3)An English local authority may not provide childcare for a particular child or group of children unless the local authority are satisfied—

(a)that no other person is willing to provide the childcare (whether in pursuance of arrangements made with the authority or otherwise), or

(b)if another person is willing to do so, that in the circumstances it is appropriate for the local authority to provide the childcare.

(4)Subsection (3) does not affect the provision of childcare by the governing body of a maintained school.

(5)Subsection (3) does not apply in relation to the provision of childcare under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need).

(6)In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

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Commencement Information

I9S. 8 in force at 1.10.2007 by S.I. 2007/2717, art. 2(a)

9Arrangements between local authority and childcare providersE+W

(1)This section applies where an English local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

(2)The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

(3)The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

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Commencement Information

I10S. 9 in force at 1.10.2007 by S.I. 2007/2717, art. 2(a)

[F119AArrangements made by local authorities for the purposes of section 7E+W

Regulations may provide that arrangements made by an English local authority for the purpose of discharging its duty under section 7—

(a)may impose requirements on the person with whom the arrangements are made only if the requirements are of a prescribed description;

(b)may not impose requirements of a prescribed description on the person with whom the arrangements are made.]

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Amendments (Textual)

10Charges where local authority provide childcareE+W

(1)An English local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.

(2)Subsection (1) does not apply—

(a)to childcare provided in pursuance of the duty imposed by section 7, or

(b)to childcare provided under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need), provision as to charges for such care being made by section 29 of that Act.

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Commencement Information

I11S. 10 in force at 1.10.2007 by S.I. 2007/2717, art. 2(a)

F1211Duty to assess childcare provisionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Information, advice and assistanceE+W

12Duty to provide information, advice and assistanceE+W

(1)An English local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

(2)The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following—

(a)the provision of childcare in the area of the local authority;

(b)any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

(c)any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

(3)In prescribing information for the purpose of subsection (2), the Secretary of State must have regard to the needs of the parents of disabled children or young persons for information relating to—

(a)the provision of childcare which is suitable for disabled children, and

(b)other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

(4)The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

(5)The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.

(6)The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.

[F13(6A)Regulations may require each English local authority to publish information which is of a prescribed description and relates to any of the matters mentioned in paragraphs (a) to (c) of subsection (2).

(6B)Regulations under subsection (6A) may require information to be published—

(a)at prescribed intervals;

(b)in a prescribed manner.

(6C)Subsection (3) applies in relation to information prescribed under subsection (6A) as it applies in relation to information prescribed under subsection (2).]

(7)In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.

(8)For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the [F14Equality Act 2010].

(9)In this section—

  • parent” means a parent of a child or young person and includes any individual who—

    (a)

    has parental responsibility for a child, or

    (b)

    has care of a child;

  • prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

  • young person” means a person who has attained the age of 18 but has not attained the age of 20.

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Amendments (Textual)

F14Words in s. 12(8) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 89 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

Commencement Information

I12S. 12 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(a)

I13S. 12 in force at 1.5.2007 for specified purposes by S.I. 2007/1019, art. 5

I14S. 12 in force at 1.4.2008 in so far as not already in force by S.I. 2008/785, art. 2(a)

13Duty to provide information, advice and training to childcare providersE+W

(1)An English local authority must, in accordance with regulations, secure the provision of information, advice and training to—

(a)persons providing childcare in their area who are registered under Part 3;

(b)persons who intend to provide childcare in their area in respect of which they will be required to be registered under Part 3;

(c)persons who provide childcare at any of the following [F15institutions ] in their area (whether or not they are required to be registered under Part 3)—

(i)a maintained school,

(ii)a school [F16approved] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools),

(iii)[F17an independent educational institution] [F18or an alternative provision Academy that is not an independent school];

(d)persons who intend to provide childcare at any such [F19institution] (whether or not they would be required to be registered under Part 3);

(e)persons who are employed to assist any such persons as are mentioned in paragraph (a) or (c) in the provision of childcare or persons who intend to obtain such employment.

(2)An English local authority may, in addition to securing the provision of information, advice and training which they are required to secure under subsection (1), provide other information, advice and training to any persons mentioned in paragraphs (a) to (e) of that subsection.

(3)An English local authority may provide information, advice and training to persons who do not fall within any of paragraphs (a) to (e) of subsection (1) but who—

(a)provide or intend to provide childcare in their area, or

(b)are employed to assist in the provision of childcare in their area or who intend to obtain such employment.

(4)An English local authority may impose such charges as they consider reasonable for the provision of information, advice or training provided by them in pursuance of subsection (1), (2) or (3).

(5)In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

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Amendments (Textual)

Commencement Information

I15S. 13 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(a)

I16S. 13 in force at 1.10.2007 in so far as not already in force by S.I. 2007/2717, art. 2(b)

[F2013ASupply of information: free of charge early years provisionE+W

(1)This subsection applies to information held for the purposes of functions relating to tax credits—

(a)by the Commissioners for Her Majesty's Revenue and Customs, or

(b)by a person providing services to them, in connection with the provision of those services.

(2)This subsection applies to information held for the purposes of functions relating to social security—

(a)by the Secretary of State, or

(b)by a person providing services to the Secretary of State, in connection with the provision of those services.

(3)Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision [F21or for funding related to free of charge early years provision].

(4)Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose.

(5)Information received by virtue of subsection (3) may be supplied—

(a)to another person to whom it could have been supplied under that subsection, or

(b)to an English local authority,

for use for that purpose.

(6)The references in subsections (4) and (5)(b) to an English local authority include references to a person exercising on behalf of an English local authority functions relating to eligibility for free of charge early years provision [F22or for funding related to free of charge early years provision ].

(7)For the purposes of this section and section 13B, free of charge early years provision is early years provision which is required to be made available in pursuance of the duty imposed by section 7.

(8)This section does not limit the circumstances in which information may be supplied apart from this section.

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Amendments (Textual)

F20S. 13A - S. 13B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 1(3), 82(3); S.I. 2012/1087, art. 3

13BUnauthorised disclosure of information received under section 13AE+W

(1)A person commits an offence if the person discloses any information—

(a)which the person received by virtue of any of subsections (3) to (5) of section 13A, and

(b)which relates to a particular person,

unless the information is disclosed in accordance with subsection (2).

(2)Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—

(a)in the case of information received by virtue of section 13A(3), in accordance with section 13A(5);

(b)in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision [F23or for funding related to free of charge early years provision];

(c)in accordance with an enactment or an order of a court;

(d)with consent given by or on behalf of the person to whom the information relates.

(3)It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.

(4)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

(5)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4)(b) to 12 months is to be read as a reference to 6 months.]

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Amendments (Textual)

F20S. 13A - S. 13B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 1(3), 82(3); S.I. 2012/1087, art. 3

MiscellaneousE+W

Prospective

F2414InspectionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

15Powers of Secretary of State to secure proper performance etc.E+W

[F25(1)Section 496 of the 1996 Act (powers of Secretary of State to prevent unreasonable exercise of functions) applies in relation to the powers conferred or duties imposed on an English local authority by or under this Part as it applies in relation to the powers conferred or duties imposed on a local authority in England by or under the 1996 Act.]

(2)Section 497 of the 1996 Act (general default powers) applies in relation to the duties imposed on an English local authority by or for the purposes of this Part as it applies in relation to the duties imposed on a [F26local authority in England] by or for the purposes of the 1996 Act.

[F27(3)Section 497A of the 1996 Act (power to secure proper performance of a local authority’s education functions) applies in relation to an English local authority’s functions under this Part as it applies in relation to the education functions of a local authority in England.

(3A)In subsection (3) “education functions” has the meaning given by section 579(1) of the 1996 Act.]

(4)Sections 497AA and 497B of the 1996 Act apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of an English local authority under this Part.

F28(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (5) of section 497A of the 1996 Act, the reference to functions to which that section applies includes (for all purposes) functions of an English local authority under this Part.

[F29(6A)If any functions of an English local authority under this Part are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—

(a)a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined authority, and

(b)a reference in those subsections to functions under this Part is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.]

(7)In this section, “the 1996 Act” means the Education Act 1996 (c. 56).

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Amendments (Textual)

Modifications etc. (not altering text)

C2S. 15 modified (3.11.2016) by Childcare Act 2016 (c. 5), ss. 2(7), 7(2); S.I. 2016/1055, reg. 2(b)

Commencement Information

I17S. 15 in force at 1.4.2007 by S.I. 2007/1019, art. 3

16Amendments of Children Act 2004E+W

(1)The Children Act 2004 (c. 31) is amended as follows.

(2)In section 18 (director of children's services), in subsection (2)—

(a)omit the “and” at the end of paragraph (d), and

(b)after paragraph (e) insert ; and

(f)the functions conferred on the authority under Part 1 of the Childcare Act 2006.

(3)In section 23 (interpretation), in subsection (3) (which defines “children's services”)—

(a)omit the “and” at the end of paragraph (b), and

(b)after paragraph (c) insert ; and

(d)any function conferred on a local authority under Part 1 of the Childcare Act 2006.

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Commencement Information

I18S. 16 in force at 1.4.2007 by S.I. 2007/1019, art. 3

17Charges for early years provision at maintained schoolE+W

(1)Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.

(2)After subsection (2) insert—

(2A)Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

(a)early years provision provided in pursuance of the duty imposed by section 7 of that Act, or

(b)early years provision for a pupil who is of compulsory school age.

(3)In subsection (4) after paragraph (b) insert or

(c)provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006.

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Commencement Information

I19S. 17 in force at 1.10.2007 by S.I. 2007/2717, art. 2(a)

InterpretationE+W

18Meaning of childcareE+W

(1)This section applies for the purposes of this Part and Part 3.

(2)Childcare” means any form of care for a child and, subject to subsection (3), care includes—

(a)education for a child, and

(b)any other supervised activity for a child.

(3)Childcare” does not include—

(a)education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or

(b)any form of health care for a child.

(4)Childcare” does not include care provided for a child by—

(a)a parent or step-parent of the child;

(b)a person with parental responsibility for the child;

(c)a relative of the child;

(d)a person who is a local authority foster parent in relation to the child;

(e)a person who is a foster parent with whom the child has been placed by a voluntary organisation;

(f)a person who fosters the child privately.

(5)Childcare” does not include care provided for a child if the care—

(a)is provided in any of the following establishments as part of the establishment's activities—

[F30(i)a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,]

(ii)a care home,

(iii)a hospital in which the child is a patient,

(iv)a residential family centre, and

(b)is so provided by the person carrying on the establishment or a person employed to work at the establishment.

(6)The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.

(7)Childcare” does not include care provided for a child who is detained in—

(a)a young offender institution, F31...

(b)a secure training centre [F32, or]

[F33(c)a secure college.]

(8)In this section—

(a)F34... “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);

(b)care home”, [F35“children's home”] F36... and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);

[F37(ba)“hospital” has the meaning given by section 275 of the National Health Service Act 2006.]

(c)relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.

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Amendments (Textual)

F30S. 18(5)(a)(i) substituted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(2); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)

F35Words in s. 18(8)(b) inserted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(3)(b); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)

Commencement Information

I20S. 18 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

19Meaning of “young child”E+W

For the purposes of this Part and Part 3, a child is a “young child” during the period—

(a)beginning with his birth, and

(b)ending immediately before the 1st September next following the date on which he attains the age of five.

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Commencement Information

I21S. 19 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

20Meaning of “early years provision”E+W

In this Part “early years provision” means the provision of childcare for a young child.

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Commencement Information

I22S. 20 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

21Interpretation of Part 1E+W

In this Part—

  • childcare” has the meaning given by section 18;

  • early years provision” has the meaning given by section 20;

  • F38...

  • F38...

  • young child” has the meaning given by section 19.

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Amendments (Textual)

Commencement Information

I23S. 21 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

Part 2E+WGeneral Functions of Local Authority: Wales

Provision of childcareE+W

22Duty to secure sufficient childcare for working parentsE+W

(1)A Welsh local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

(a)to take up, or remain in, work, or

(b)to undertake education or training which could reasonably be expected to assist them to obtain work.

(2)In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

(a)must have regard to the needs of parents in their area for—

(i)the provision of childcare in respect of which the child care element of working tax credit is payable,

[F39(ia)the provision of childcare in respect of which an amount in respect of childcare costs may be included under section 12 of the Welfare Reform Act 2012 in the calculation of universal credit,]

(ii)the provision of childcare which is suitable for disabled children, and

(iii)the provision of childcare involving the use of the Welsh language, and

(b)may have regard to any childcare which they expect to be available outside their area.

(3)In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Assembly.

(4)The Assembly may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

(5)Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

(6)In this section—

  • child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);

  • disabled child” means a child who has a disability for the purposes of the [F40Equality Act 2010];

  • parent” includes any individual who—

    (a)

    has parental responsibility for a child, or

    (b)

    has care of a child.

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Amendments (Textual)

F40Words in s. 22(6) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 90 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

Commencement Information

I24S. 22 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

23Powers of local authority in relation to the provision of childcareE+W

(1)A Welsh local authority may—

(a)assist any person who provides or proposes to provide childcare;

(b)make arrangements with any other person for the provision of childcare;

(c)provide childcare.

(2)The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.

(3)In exercising their functions under this section, a Welsh local authority must have regard to any guidance given from time to time by the Assembly.

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Commencement Information

I25S. 23 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

24Arrangements between local authority and childcare providersE+W

(1)This section applies where a Welsh local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

(2)The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

(3)The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

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Commencement Information

I26S. 24 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

25Charges where local authority provide childcareE+W

(1)A Welsh local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.

[F41(2)Subsection (1) does not apply to childcare provided under sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children), provision as to charges for such care being made by Part 5 of that Act.]

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Amendments (Textual)

Commencement Information

I27S. 25 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

26Power to require local authority to assess childcare provisionE+W

(1)The Assembly may by regulations require a Welsh local authority to—

(a)prepare assessments at prescribed intervals of the sufficiency of the provision of childcare (whether or not by them) in their area;

(b)review any such assessment prepared by them.

(2)Regulations under subsection (1) may make provision for the manner in which an assessment or review is to be prepared and, in particular, may require the local authority to—

(a)consult such persons, or persons of such a description, as may be prescribed, and

(b)have regard to any guidance given from time to time by the Assembly.

(3)Subsection (5) of section 22 applies for the purposes of this section as it applies for the purposes of that section.

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Commencement Information

I28S. 26 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

Information, advice and assistanceE+W

27Duty to provide information, advice and assistanceE+W

(1)A Welsh local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

(2)The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following—

(a)the provision of childcare in the area of the local authority;

(b)any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

(c)any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

(3)In prescribing information for the purpose of subsection (2), the Assembly must have regard to the needs of the parents of disabled children or young persons for information relating to—

(a)the provision of childcare which is suitable for disabled children, and

(b)other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

(4)The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

(5)The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.

(6)The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.

(7)In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Assembly.

(8)For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the [F42Equality Act 2010].

(9)In this section—

  • parent” means a parent of a child or young person and includes any individual who—

    (a)

    has parental responsibility for a child, or

    (b)

    has care of a child;

  • prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

  • young person” means a person who has attained the age of 18 but has not attained the age of 20.

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Amendments (Textual)

F42Words in s. 27(8) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 91 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

Commencement Information

I29 S. 27 in force at 31.1.2008 by S.I. 2008/17 , art. 2(a)

MiscellaneousE+W

28InspectionE+W

For the purposes of section 38 of the Education Act 1997 (c. 44) (inspection of local education authorities), the functions conferred on a Welsh local authority by or under this Part are to be regarded as [F43education functions (as defined in section 579(1) of the Education Act 1996)].

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Amendments (Textual)

Commencement Information

I30S. 28 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

[F44 29 Powers of intervention of Welsh Ministers etc. E+W

(1)Chapter 2 of Part 2 the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to a Welsh local authority and the powers conferred or the duties imposed on it by, under or for the purposes of this Part as it applies in relation to the education functions (as defined by section 579(1) of the Education Act 1996) of such an authority.

(2)In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) functions of a Welsh local authority under this Part.]

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Amendments (Textual)

Commencement Information

I31S. 29 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

InterpretationE+W

30Interpretation of Part 2E+W

In this Part—

  • childcare” means—

    (a)

    child minding or day care within the meaning of [F45Part 10A of the Children Act 1989 (c. 41)][F45 Part 2 of the Children and Families (Wales) Measure 2010] in respect of which the provider is required to be registered under that Part;

    (b)

    care provided by a person of a description approved in accordance with a scheme made by the Assembly under section 12(5) of the Tax Credits Act 2002 (c. 21);

  • prescribed” means prescribed by regulations made by the Assembly.

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Amendments (Textual)

Commencement Information

I32 S. 30 in force at 31.1.2008 by S.I. 2008/17 , art. 2(b)

Part 3E+WRegulation of Provision of Childcare in England

Chapter 1E+WGeneral functions of Chief Inspector

Prospective

F4631General functions of the Chief InspectorE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

32Maintenance of the two childcare registersE+W

(1)The Chief Inspector must maintain two registers.

(2)The first register (“the early years register”) is to be a register of [F47

(a)]all persons F48... registered as early years childminders or other early years providers [F49by the Chief Inspector for the purposes of Chapter 2] (which provides for the compulsory registration of persons providing early years provision) [F50, and

(b)all persons registered as early years childminder agencies under Chapter 2A (which provides for the compulsory registration of persons with whom early years childminders and certain other early years providers may register for the purposes of Chapter 2).]

(3)The second register (“the general childcare register”) is to be divided into two Parts.

(4)The first Part (“Part A”) is to be a register of [F51

(a) all persons F52... registered as later years childminders or other later years providers [F53by the Chief Inspector for the purposes of Chapter 3] (which provides for the compulsory registration of persons providing later years provision for children under the age of eight)] [F54, and

(b)all persons registered as later years childminder agencies under Chapter 3A (which provides for the compulsory registration of persons with whom later years childminders and certain other later years providers may register for the purposes of Chapter 3).]

(5)The second Part (“Part B”) is to be a register of all persons who are registered as childminders or other childcare providers [F55by the Chief Inspector for the purposes of Chapter 4] (which provides for the voluntary registration of persons providing early years provision or later years provision in respect of which they are not required to be registered under Chapter 2 or 3).

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Amendments (Textual)

F47Words in s. 32(2) 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. 2(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F48Words in s. 32(2) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 2(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F49Words in s. 32(2) 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. 2(2)(c); S.I. 2014/889, arts. 3(m), 7(e)

F50S. 32(2)(b) and word 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. 2(3); S.I. 2014/889, arts. 3(m), 7(e)

F51Word in s. 32(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. 2(4)(a); S.I. 2014/889, arts. 3(m), 7(e)

F52Words in s. 32(4) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 2(4)(b); S.I. 2014/889, arts. 3(m), 7(e)

F53Words in s. 32(4) 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. 2(4)(c); S.I. 2014/889, arts. 3(m), 7(e)

F54S. 32(4)(b) and word 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. 2(5); S.I. 2014/889, arts. 3(m), 7(e)

F55Words in s. 32(5) 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. 2(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I33S. 32 in force at 6.4.2007 for specified purposes by S.I. 2007/1019, art. 4

I34S. 32 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)

Chapter 2E+WRegulation of early years provision

Requirements to registerE+W

33Requirement to register: early years childmindersE+W

(1)A person may not provide early years childminding in England unless he is registered [F56as an early years childminder—.

(a)in the early years register, or

(b)with an early years childminder agency.]

(2)The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.

(3)The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a)the person providing the early years childminding;

(b)the child or children for whom it is provided;

(c)the nature of the early years childminding;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(4)If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.

(5)An enforcement notice may be served on a person—

(a)by delivering it to him, or

(b)by sending it by post.

(6)An enforcement notice has effect until it is revoked by the Chief Inspector.

(7)A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

F56Words in s. 33(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. 4; S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

Commencement Information

I35S. 33 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I36S. 33 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)

34Requirement to register: other early years providersE+W

[F57( 1 )A person may not provide early years provision on premises in England which are not domestic premises unless the person is registered in the early years register F58....

[F59(1ZA)Subsection (1) does not apply in relation to early years provision—

(a)if it is early years childminding in respect of which the person providing it is required to be registered under section 33(1), or

(b)if it would be early years childminding but for section 96(5) and in respect of which the person providing it is required to be registered under subsection (1A).]

(1A)A person may not provide early years provision F60... in England which would be early years childminding but for section 96(5) unless the person is registered—

(a)in the early years register F61..., or

(b)with an early years childminder agency F61....]

(2)[F62Subsections (1) and (1A) do] not apply in relation to early years provision for a child or children who has (or have) attained the age of [F63two] if—

(a)the provision is made at any of the following [F64institutions] as part of the [F64 institution's] activities—

(i)a maintained school,

(ii)a school [F65approved ]under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)[F66an independent educational institution],

(b)the provision is made by the proprietor of the [F67institution] or a person employed to work at the [F67institution], and

[F68(c)where the provision is made at a school (including a school that is an independent educational institution)—

(i)the child is a registered pupil at the school, or

(ii)if the provision is made for more than one child, at least one of the children is a registered pupil at the school.]

(3)The Secretary of State may by order provide that, in circumstances specified in the order, [F69subsections (1) and (1A) do] not apply in relation to early years provision.

(4)The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—

(a)the person providing the early years provision;

(b)the child or children for whom it is provided;

(c)the nature of the early years provision;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(5)A person commits an offence if, without reasonable excuse, he provides early years provision in contravention of subsection (1) [F70or (1A)].

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

F57S. 34(1)(1A) substituted for s. 34(1) (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. 5(2); S.I. 2014/889, arts. 3(m), 7(e)

F62Words in s. 34(2) 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. 5(3); S.I. 2014/889, arts. 3(m), 7(e)

F69Words in s. 34(3) 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. 5(4); S.I. 2014/889, arts. 3(m), 7(e)

F70Words in s. 34(5) 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. 5(5); S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

Commencement Information

I37S. 34 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I38S. 34 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)

Process of registrationE+W

35Applications for registration: early years childmindersE+W

(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 [F71— .

(a)to the Chief Inspector for registration as an early years childminder in the early years register, or

(b)to an early years childminder agency for registration with that agency as an early years childminder.]

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector [F72or (as the case may be) the early years childminder agency ] reasonably requires the applicant to give, and

(c)[F73 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) [F74 (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) [F75 (a) ] which subsection (3) does not require him to grant.

[F76(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;

[F77(aa)prohibiting the applicant from being registered in the early years register as an early years childminder 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 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.

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Amendments (Textual)

F71Words 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)

F72Words 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)

F73Words 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)

F74Word 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)

F75Word 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)

F76S. 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)

F77S. 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)

Commencement Information

I39S. 35 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I40S. 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)

36Applications for registration: other early years providersE+W

(1)A person who proposes to provide F78... early years provision in respect of which he is required by section 34(1) to be registered may make an application to the Chief Inspector for registration as an early years provider F78....

[F79(1A)A person who proposes to provide F80... early years provision in respect of which the person is required by section 34(1A) to be registered may make an application—

(a)to the Chief Inspector for registration as an early years provider F81..., or

(b)to an early years childminder agency for registration with that agency as an early years provider F81....]

(2)An application under subsection (1) [F82or (1A)] must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector [F83or (as the case may be) the early years childminder agency ] reasonably requires the applicant to give, and

(c)[F84if 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) [F85or (1A)(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) [F86or (1A)(a) ] which subsection (3) does not require him to grant.

[F87(4A)An early years childminder agency may grant an application under subsection (1A)(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;

[F88(aa)prohibiting the applicant from being registered in the early years register as an early years provider other than a childminder 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 provider other than a childminder 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 provision is to be provided;

(c)the arrangements for early years provision 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.

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Amendments (Textual)

F79S. 36(1A) 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. 7(2); S.I. 2014/889, arts. 3(m), 7(e)

F82Words in s. 36(2) 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. 7(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F83Words in s. 36(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. 7(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F84Words in s. 36(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. 7(3)(c); S.I. 2014/889, arts. 3(m), 7(e)

F85Words in s. 36(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. 7(4); S.I. 2014/889, arts. 3(m), 7(e)

F86Words in s. 36(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. 7(4); S.I. 2014/889, arts. 3(m), 7(e)

F87S. 36(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. 7(5); S.I. 2014/889, arts. 3(m), 7(e)

F88S. 36(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. 7(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I41S. 36 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I42S. 36 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)

37Entry on the register and certificatesE+W

(1)If an application under section 35(1) [F89(a) ] is granted, the Chief Inspector must—

(a)register the applicant in the early years register as an early years childminder, and

(b)give the applicant a certificate of registration stating that he is so registered.

(2)If an application under section 36(1) [F90or (1A)(a) ] is granted, the Chief Inspector must—

(a)register the applicant in the early years register as an early years provider other than a childminder F91..., and

(b)give the applicant a certificate of registration stating that he is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered early years provider an amended certificate.

(5)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered early years provider a copy, on payment by the provider of any prescribed fee.

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Amendments (Textual)

F89Word in s. 37(1) 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. 8(2); S.I. 2014/889, arts. 3(m), 7(e)

F90Words in s. 37(2) 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. 8(3); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I43S. 37 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I44S. 37 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)

[F9237AEarly years childminder agencies: registers and certificatesE+W

(1)If an application under section 35(1)(b) is granted, the early years childminder agency must—

(a)register the applicant in the register maintained by the agency as an early years childminder, and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(2)If an application under section 36(1A)(b) is granted, the early years childminder agency must—

(a)register the applicant in the register maintained by the agency as an early years provider other than a childminder F93..., and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.]

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Amendments (Textual)

F92S. 37A 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. 9; S.I. 2014/889, arts. 3(m), 7(e)

38Conditions on registrationE+W

(1)The Chief Inspector may impose such conditions as he thinks fit on the registration of an early years provider [F94in the early years register ].

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 37 or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.

F95(5)An early years provider registered [F96in the early years register ] commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

F94Words in s. 38(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. 10; S.I. 2014/889, arts. 3(m), 7(e)

F95Words in s. 38(5) 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. 10; S.I. 2014/889, arts. 3(m), 7(e)

F96Words in s. 38(5) substituted (1.4.2014 for specified purposes) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 10; S.I. 2014/889, art. 3(m)

Commencement Information

I45S. 38 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

Requirements to be met by early years providersE+W

39The Early Years Foundation StageE+W

(1)For the purpose of promoting the well-being of young children for whom early years provision is provided by early years providers to whom section 40 applies, the Secretary of State must—

(a)by order specify in accordance with section 41 such requirements as he considers appropriate relating to learning by, and the development of, such children (“learning and development requirements”), and

(b)by regulations specify in accordance with section 43 such requirements as he considers appropriate governing the activities of early years providers to whom section 40 applies (“welfare requirements”).

(2)The learning and development requirements and the welfare requirements are together to be known as “the Early Years Foundation Stage”.

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Commencement Information

I46S. 39 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

40Duty to implement Early Years Foundation StageE+W

(1)This section applies to—

(a)early years providers providing early years provision in respect of which they are registered under this Chapter, and

(b)early years providers providing early years provision in respect of which, but for section 34(2) (exemption for provision for children aged [F972 ] or over at certain schools), they would be required to be registered under this Chapter.

(2)An early years provider to whom this section applies—

(a)must secure that the early years provision meets the learning and development requirements, and

(b)must comply with the welfare requirements.

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Amendments (Textual)

F97Figure in s. 40(1)(b) substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 75(2), 164(3)(e)

Commencement Information

I47S. 40 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

41The learning and development requirementsE+W

(1)The learning and development requirements must cover the areas of learning and development specified in subsection (3).

(2)The learning and development requirements may specify in relation to each of the areas of learning and development—

(a)the knowledge, skills and understanding which young children of different abilities and maturities are expected to have before the 1st September next following the day on which they attain the age of five (“early learning goals”);

(b)the matters, skills and processes which are required to be taught to young children of different abilities and maturities (“educational programmes”), and

(c)the arrangements which are required for assessing children [F98for the specified purposes] (“assessment arrangements”).

(3)The areas of learning and development are as follows—

(a)personal, social and emotional development,

(b)communication, language and literacy,

(c)problem solving, reasoning and numeracy,

(d)knowledge and understanding of the world,

(e)physical development, and

(f)creative development.

(4)The Secretary of State may by order amend subsection (3).

[F99(4A) In subsection (2)(c) “ the specified purposes ” means—

(a)the purpose of ascertaining what children have achieved in relation to the early learning goals, and

(b)such other purposes as the Secretary of State may by order specify.]

(5)A learning and development order may not require—

(a)the allocation of any particular period or periods of time to the teaching of any educational programme or any matter, skill or process forming part of it, or

(b)the making in the timetables of any early years provider of provision of any particular kind for the periods to be allocated to such teaching.

(6)In this section “a learning and development order” means an order under section 39(1)(a).

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Amendments (Textual)

Commencement Information

I48S. 41 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

42Further provisions about assessment arrangementsE+W

[F100(A1)Before making a learning and development order specifying assessment arrangements the Secretary of State—

(a)must consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as the Secretary of State considers appropriate.]

(1)A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.

(2)Those persons are—

(a)an early years provider,

(b)the governing body or head teacher of a maintained school in England, F101...

(c)an English local authority.

F102( d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F103(e)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.]

(3)A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.

[F104(3A)A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—

(a)must consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.]

F105(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F106The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them— ]

(a)to enter premises on which the early years provision is provided,

(b)to observe implementation of the arrangements, F101...

(c)to inspect, and take copies of, documents and other articles.

[F107(6)A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(6A) In this section “ delegated supplementary provisions ” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

[F108(6AA)A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—

(a)must consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.]

(6B)A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(6C)Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.]

(7)In this section “a learning and development order” means an order under section 39(1)(a).

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Amendments (Textual)

F102S. 42(2)(d) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 17; S.I. 2012/924, art. 2

Commencement Information

I49S. 42 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

43Welfare requirementsE+W

(1)The matters that may be dealt with by welfare regulations include—

(a)the welfare of the children concerned;

(b)the arrangements for safeguarding the children concerned;

(c)suitability of persons to care for, or be in regular contact with, the children concerned;

(d)qualifications and training;

(e)the suitability of premises and equipment;

(f)the manner in which the early years provision is organised;

(g)procedures for dealing with complaints;

(h)the keeping of records;

(i)the provision of information.

(2)Before making welfare regulations, the Secretary of State must consult the Chief Inspector and any other persons he considers appropriate.

(3)Welfare regulations may provide—

(a)that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and

(b)that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)In this section “welfare regulations” means regulations under section 39(1)(b).

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Commencement Information

I50S. 43 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

44Instruments specifying learning and development or welfare requirementsE+W

(1)A relevant instrument may, instead of containing the provisions to be made, refer to provisions in a document [F109published by a person, and in the manner, specified] in the instrument and direct that those provisions are to have effect or, as the case may be, are to have effect as specified in the instrument.

(2)The power to make a relevant instrument may be exercised so as to confer powers or impose duties on the Chief Inspector [F110or early years childminder agencies] in the exercise of F111... functions under this Part.

(3)In particular, that power may be exercised so as to require or authorise the Chief Inspector [F112or early years childminder agencies], in exercising those functions, to have regard to factors, standards and other matters prescribed by or referred to in the instrument.

(4)If a relevant instrument requires any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the instrument, the instrument may also provide for any allegation that the person has failed to do so to be taken into account—

(a)by the Chief Inspector in the exercise of his functions under this Part,

[F113(aa)by early years childminder agencies in the exercise of functions under this Part,] or

(b)in any proceedings under this Part.

(5)In this section “a relevant instrument” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.

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Amendments (Textual)

F110Words in s. 44(2) 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. 11(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F111Word in s. 44(2) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 11(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F112Words in s. 44(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. 11(3); S.I. 2014/889, arts. 3(m), 7(e)

F113S. 44(4)(aa) 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. 11(4); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I51S. 44 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

45Procedure for making certain ordersE+W

(1)This section applies where the Secretary of State proposes to make an order under section 39(1)(a) specifying early learning goals or educational programmes.

(2)The Secretary of State must give notice of the proposal—

(a)to such bodies representing the interests of early years providers as the Secretary of State considers appropriate, and

(b)to any other persons with whom consultation appears to the Secretary of State to be desirable,

and must give them a reasonable opportunity of submitting evidence and representations as to the issues arising.

(3)When the Secretary of State has considered any evidence and representations submitted to him in pursuance of subsection (2), he must publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in early years provision—

(a)a draft of the proposed order and any associated document, and

(b)a summary of the views expressed during the consultation.

(4)The Secretary of State must allow a period of not less than one month beginning with the publication of the draft of the proposed order for the submission of any further evidence and representations as to the issues arising.

(5)When the period so allowed has expired, the Secretary of State may make the order, with or without modifications.

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Commencement Information

I52S. 45 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

46Power to enable exemptions to be conferredE+W

(1)Regulations may enable the Secretary of State, in prescribed circumstances, to direct in respect of a particular early years provider or a particular description of early years providers, that to such extent as may be prescribed the learning and development requirements—

(a)do not apply, or

(b)apply with such modifications as may be specified in the direction.

[F114(1A)Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.

(1B)If required by the Secretary of State to do so [F115a person designated by the Secretary of State for the purposes of this subsection ] must keep under review the effect of a direction given under regulations made under subsection (1).

F116( 1C ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1D)A designation under [F117subsection (1B) ] may make different provision for different purposes.]

(2)Regulations may enable an early years provider, in prescribed circumstances, to determine in respect of a particular young child that to such extent as may be prescribed the learning and development requirements—

(a)do not apply, or

(b)apply with such modifications as may be specified in the determination.

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Amendments (Textual)

F115Words in s. 46(1B) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 18(2); S.I. 2012/924, art. 2

F116S. 46(1C) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 18(3); S.I. 2012/924, art. 2

F117Words in s. 46(1D) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 18(4); S.I. 2012/924, art. 2

Commencement Information

I53S. 46 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)

47Independent schoolsE+W

(1)In section 157 of the Education Act 2002 (c. 32) (independent school standards) after subsection (1) insert—

(1A)In relation to England, the standards do not apply to early years provision for pupils who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006).

(2)For subsection (2) of that section substitute—

(2)In this Chapter “independent school standards” means—

(a)the standards for the time being prescribed under this section, and

(b)in relation to early years provision in England for pupils who have attained the age of three, the Early Years Foundation Stage.

(3)In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the definition of “Chief Inspector” insert—

early years provision”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;.

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Commencement Information

I54S. 47 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

48Amendments relating to curriculumE+W

Schedule 1 (which contains amendments relating to the preceding provisions of this Chapter, including amendments excluding or modifying the application to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32)) has effect.

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Commencement Information

I55S. 48 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(d)

I56S. 48 in force at 1.9.2008 for specified purposes by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

InspectionE+W

49InspectionsE+W

(1)This section applies to early years provision in respect of which the early years provider is registered [F118in the early years register ].

(2)The Chief Inspector—

(a)must at such intervals as may be prescribed inspect early years provision to which this section applies,

(b)must inspect early years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(c)may inspect early years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(3)Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect early years provision at an interval prescribed for the purposes of subsection (2)(a).

(4)Regulations may provide that the Chief Inspector is not required by subsection (2)(a) to inspect early years provision at an [F119independent educational institution] [F120or an alternative provision Academy that is not an independent school] if the early years provision is inspected in prescribed circumstances by a body approved by the Secretary of State for the purposes of this subsection.

(5)A requirement made by the Secretary of State as mentioned in subsection (2)(b) may be imposed in relation to early years provision at particular premises or a class of premises.

[F121(5A)The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where—

(a)the inspection is conducted at the request of a registered person who provides that early years provision, and

(b)the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.]

(6)Regulations may make provision requiring the registered person to notify prescribed persons of the fact that early years provision is to be inspected under this section.

(7)If the Chief Inspector so elects in the case of an inspection falling within paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were an inspection falling within paragraph (a) of that subsection.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F118Words in s. 49(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. 12; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I57S. 49 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I58S. 49 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)

50Report of inspectionsE+W

(1)After conducting an inspection under section 49, the Chief Inspector must make a report in writing on—

(a)the contribution of the early years provision to the well-being of the children for whom it is provided,

(b)the quality and standards of the early years provision,

(c)how far the early years provision meets the needs of the range of children for whom it is provided, and

(d)the quality of leadership and management in connection with the early years provision.

(2)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b)must ensure that a copy of the report is sent without delay to the registered person, 23

(c)must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and

(d)may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.

(3)Regulations may make provision—

(a)requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;

(b)requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c)authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.

F122(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I59S. 50 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)

I60S. 50(1)-(3) in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

InterpretationE+W

51Interpretation of Chapter 2E+W

In this Chapter—

  • assessment arrangements” is to be read in accordance with section 41(2)(c);

  • early learning goals” is to be read in accordance with section 41(2)(a);

  • educational programmes” is to be read in accordance with section 41(2)(b);

  • learning and development requirements” means requirements specified by order under section 39(1)(a);

  • welfare requirements” means requirements specified by regulations under section 39(1)(b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61S. 51 in force at 1.10.2007 by S.I. 2007/2717, art. 2(a)

[F123CHAPTER 2AE+WRegulation of early years childminder agencies

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F123Pt. 3 Ch. 2A 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. 13; S.I. 2014/889, arts. 3(m), 7(e)

Process of registrationE+W

51AApplications for registrationE+W

(1)A person may make an application to the Chief Inspector for registration as an early years childminder agency.

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector reasonably requires the applicant to give, and

(c)be accompanied by any prescribed fee.

(3)The Chief Inspector must grant an application under subsection (1) if—

(a)the applicant is not disqualified from registration by regulations under section 76A, 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) which subsection (3) does not require the Chief Inspector to grant.

(5)The prescribed requirements for registration may include requirements relating to—

(a)the applicant;

(b)any persons employed by the applicant;

(c)management and control of the applicant (where the applicant is not an individual);

(d)the provision to the Chief Inspector of information about early years providers registered with the applicant;

(e)the applicant's arrangements for registering early years providers;

(f)the applicant's arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance;

(g)the applicant's arrangements for ensuring that early years provision is of a sufficient standard.

51BEntry on the register and certificatesE+W

(1)If an application under section 51A is granted, the Chief Inspector must—

(a)register the applicant in the early years register as an early years childminder agency, and

(b)give the applicant a certificate of registration stating that the applicant is so registered.

(2)A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.

(3)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate.

(4)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee.

51CConditions on registrationE+W

(1)The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter.

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

InspectionsE+W

51DInspections of early years childminder agenciesE+W

(1)The Chief Inspector—

(a)must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b)may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2)For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2.

(3)The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where—

(a)the inspection is conducted at the request of the agency, and

(b)the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

(4)Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.

51EReports of inspectionsE+W

(1)After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on—

(a)the quality and standards of the services offered by the early years childminder agency to early years providers registered with it,

(b)the quality of leadership and management in the early years childminder agency, and

(c)the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it.

(2)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b)must ensure that a copy of the report is sent without delay to the early years childminder agency,

(c)must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and

(d)may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

(3)Regulations may make provision—

(a)requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

(b)requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c)authorising the agency in prescribed cases to charge a fee for providing a copy of the report.

False representationsE+W

51FFalse representationsE+W

(1)A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Chapter 3E+WRegulation of later years provision for children under 8

Requirements to registerE+W

52Requirement to register: later years childminders for children under eightE+W

(1)A person may not provide later years childminding in England for a child who has not attained the age of eight unless he is registered [F124as a later years childminder— .

(a)in Part A of the general childcare register, or

(b)with a later years childminder agency.]

(2)The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to later years childminding.

(3)The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a)the person providing the later years childminding;

(b)the child or children for whom it is provided;

(c)the nature of the later years childminding;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(4)If it appears to the Chief Inspector that a person has provided later years childminding in contravention of subsection (1), the Chief Inspector may serve a notice (“an enforcement notice”) on the person.

(5)An enforcement notice may be served on a person—

(a)by delivering it to him, or

(b)by sending it by post.

(6)An enforcement notice has effect until it is revoked by the Chief Inspector.

(7)A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides later years childminding in contravention of subsection (1).

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F124Words in s. 52(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. 15; S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

Commencement Information

I62S. 52 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I63S. 52 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)

53Requirement to register: other later years providers for children under eightE+W

[F125(1 )A person may not provide, for a child who has not attained the age of eight, later years provision on premises in England which are not domestic premises unless the person is registered in Part A of the general childcare register F126....

[F127(1ZA)Subsection (1) does not apply in relation to later years provision—

(a)if it is later years childminding in respect of which the person providing it is required to be registered under section 52(1), or

(b)if it would be later years childminding but for section 96(9) and in respect of which the person providing it is required to be registered under subsection (1A).]

(1A)A person may not provide, for a child who has not attained the age of eight, later years provision F128... in England which would be later years childminding but for section 96(9) unless the person is registered—

(a)in Part A of the general childcare register F129..., or

(b)with a later years childminder agency F129....]

(2)[F130Subsections (1) and (1A) do] not apply in relation to later years provision for a child if—

(a)the provision is made at any of the following [F131institutions] as part of the [F131institution's ] activities—

(i)a maintained school,

(ii)a school [F132approved ] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)[F133an independent educational institution] [F134or an alternative provision Academy that is not an independent school],

(b)the provision is made by the proprietor of the [F135institution] or a person employed to work at the [F135institution], and

[F136(c)where the provision is made at a school (including a school that is an independent educational institution)—

(i)the child is a registered pupil at the school, or

(ii)if the provision is made for more than one child, at least one of the children is a registered pupil at the school.]

(3)The Secretary of State may by order provide that, in circumstances specified in the order, [F137subsections (1) and (1A) do] not apply in relation to later years provision.

(4)The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—

(a)the person providing the later years provision;

(b)the child or children for whom it is provided;

(c)the nature of the later years provision;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(5)A person commits an offence if, without reasonable excuse, he provides later years provision in contravention of subsection (1) [F138or (1A)].

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F125S. 53(1)(1A) substituted for s. 53(1) (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. 16(2); S.I. 2014/889, arts. 3(m), 7(e)

F130Words in s. 53(2) 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. 16(3); S.I. 2014/889, arts. 3(m), 7(e)

F137Words in s. 53(3) 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. 16(4); S.I. 2014/889, arts. 3(m), 7(e)

F138Words in s. 53(5) 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. 16(5); S.I. 2014/889, arts. 3(m), 7(e)

Modifications etc. (not altering text)

Commencement Information

I64S. 53 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I65S. 53 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)

Process of registrationE+W

54Applications for registration: later years childmindersE+W

(1)A person who proposes to provide later years childminding in respect of which he is required by section 52(1) to be registered may make an application [F139— .

(a)to the Chief Inspector for registration as a later years childminder in Part A of the general childcare register, or

(b)to a later years childminder agency for registration with that agency as a later years childminder.]

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector [F140or (as the case may be) the later years childminder agency] reasonably requires the applicant to give, and

(c)[F141if 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) [F142(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) [F143(a)] which subsection (3) does not require him to grant.

[F144(4A)A later 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;

[F145(aa)prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder if the applicant is registered with a childminder agency;

(ab)prohibiting the applicant from being registered with a later years childminder agency as a later years childminder 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 later years childminding is to be provided;

(c)the arrangements for later 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F139Words in s. 54(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. 17(2); S.I. 2014/889, arts. 3(m), 7(e)

F140Words in s. 54(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. 17(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F141Words in s. 54(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. 17(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F142Word in s. 54(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. 17(4); S.I. 2014/889, arts. 3(m), 7(e)

F143Word in s. 54(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. 17(4); S.I. 2014/889, arts. 3(m), 7(e)

F144S. 54(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. 17(5); S.I. 2014/889, arts. 3(m), 7(e)

F145S. 54(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. 17(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I66S. 54 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I67S. 54 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)

55Applications for registration: other later years providersE+W

(1)A person who proposes to provide F146... later years provision in respect of which he is required by section 53(1) to be registered may make an application to the Chief Inspector for registration as a later years provider F146....

[F147(1A)A person who proposes to provide F148... later years provision in respect of which the person is required by section 53(1A) to be registered may make an application—

(a)to the Chief Inspector for registration as a later years provider F149..., or

(b)to a later years childminder agency for registration with that agency as a later years provider F149....]

(2)An application under subsection (1) [F150or (1A)] must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector [F151or (as the case may be) the later years childminder agency ] reasonably requires the applicant to give, and

(c)[F152if 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) [F153or (1A)(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) [F154or (1A)(a)] which subsection (3) does not require him to grant.

[F155(4A)A later years childminder agency may grant an application under subsection (1A)(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;

[F156(aa)prohibiting the applicant from being registered in Part A of the general childcare register as a later years provider other than a childminder if the applicant is registered with a childminder agency;

(ab)prohibiting the applicant from being registered with a later years childminder agency as a later years provider other than a childminder 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 later years provision is to be provided;

(c)the arrangements for later years provision 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F147S. 55(1A) 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. 18(2); S.I. 2014/889, arts. 3(m), 7(e)

F150Words in s. 55(2) 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. 18(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F151Words in s. 55(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. 18(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F152Words in s. 55(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. 18(3)(c); S.I. 2014/889, arts. 3(m), 7(e)

F153Words in s. 55(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. 18(4); S.I. 2014/889, arts. 3(m), 7(e)

F154Words in s. 55(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. 18(4); S.I. 2014/889, arts. 3(m), 7(e)

F155S. 55(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. 18(5); S.I. 2014/889, arts. 3(m), 7(e)

F156S. 55(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. 18(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I68S. 55 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I69S. 55 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)

56Entry on the register and certificatesE+W

(1)If an application under section 54(1) [F157(a)] is granted, the Chief Inspector must—

(a)register the applicant in Part A of the general childcare register as a later years childminder, and

(b)give the applicant a certificate of registration stating that he is so registered.

(2)If an application under section 55(1) [F158or (1A)(a)] is granted, the Chief Inspector must—

(a)register the applicant in Part A of the general childcare register as a later years provider other than a childminder F159..., and

(b)give the applicant a certificate of registration stating that he is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered later years provider an amended certificate.

(5)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered later years provider a copy, on payment by the provider of any prescribed fee.

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Amendments (Textual)

F157Word in s. 56(1) 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. 19(2); S.I. 2014/889, arts. 3(m), 7(e)

F158Words in s. 56(2) 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. 19(3); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I70S. 56 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I71S. 56 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)

[F16056ALater years childminder agencies: registers and certificatesE+W

(1)If an application under section 54(1)(b) is granted, the later years childminder agency must—

(a)register the applicant in the register maintained by the agency as a later years childminder, and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(2)If an application under section 55(1A)(b) is granted, the later years childminder agency must—

(a)register the applicant in the register maintained by the agency as a later years provider other than a childminder F161..., and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the later years childminder agency must give the registered later years provider an amended certificate.]

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Amendments (Textual)

F160S. 56A 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. 20; S.I. 2014/889, arts. 3(m), 7(e)

F16257Special procedure for providers registered in the early years register E+W

(1)If a person who is registered in the early years register as an early years childminder gives notice to the Chief Inspector that he proposes to provide later years childminding in respect of which he is required to be registered under this Chapter, the Chief Inspector must—

(a)register the person in Part A of the general childcare register as a later years childminder, and

(b)give the person a certificate of registration stating that he is so registered.

(2)If a person who is registered in the early years register F163... as an early years provider other than a childminder gives notice to the Chief Inspector that he proposes to provide later years provision in respect of which he is required to be registered under this Chapter F163..., the Chief Inspector must—

(a)register the person in Part A of the general childcare register as a later years provider other than a childminder F163..., and

(b)give the person a certificate of registration stating that he is so registered.

(3)Subsections (3) to (5) of section 56 apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

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Amendments (Textual)

F162Words in s. 57 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. 21; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I72S. 57 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[F16457ASpecial procedure for providers registered with early years childminder agenciesE+W

(1)Subsection (2) applies where—

(a)a person is registered with an early years childminder agency as an early years childminder, and

(b)that agency is also a later years childminder agency.

(2)If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must—

(a)register the person in the register maintained by the agency as a later years childminder, and

(b)give the person a certificate of registration stating that he or she is so registered.

(3)Subsection (4) applies where—

(a)a person is registered with an early years childminder agency F165... as an early years provider other than a childminder, and

(b)that agency is also a later years childminder agency.

(4)If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter F166..., the agency must—

(a)register the person in the register maintained by the agency as a later years provider other than a childminder F166..., and

(b)give the person a certificate of registration stating that he or she is so registered.

(5)Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.]

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Amendments (Textual)

F164S. 57A 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. 22; S.I. 2014/889, arts. 3(m), 7(e)

RegulationE+W

58Conditions on registrationE+W

(1)The Chief Inspector may impose such conditions as he thinks fit on the registration of a later years provider [F167in Part A of the general childcare register].

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 56 or 57 or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to regulations under section 59.

(5)A later years provider registered [F168in Part A of the general childcare register] commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

F167Words in s. 58(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. 23; S.I. 2014/889, arts. 3(m), 7(e)

F168Words in s. 58(5) substituted (1.4.2014 for specified purposes) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 23; S.I. 2014/889, art. 3(m)

Commencement Information

I73S. 58 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

59Regulations governing activitiesE+W

(1)This section applies to—

(a)later years providers providing later years provision in respect of which they are registered under this Chapter, and

(b)later years providers providing later years provision in respect of which, but for section 53(2) (exemption for provision for children at certain schools), they would be required to be registered under this Chapter.

(2)The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of later years providers to whom this section applies.

(3)The regulations may deal with the following matters (among others)—

(a)the welfare of the children concerned;

(b)the arrangements for safeguarding the children concerned;

(c)suitability of persons to care for, or be in regular contact with, the children concerned;

(d)qualifications and training;

(e)the suitability of premises and equipment;

(f)the manner in which the later years provision is organised;

(g)procedures for dealing with complaints;

(h)the keeping of records;

(i)the provision of information.

(4)The power to make regulations under this section may be exercised so as confer powers or impose duties on the Chief Inspector [F169or later years childminder agencies] in the exercise of F170... functions under this Part.

(5)In particular, it may be so exercised so as to require the Chief Inspector [F171or later years childminder agencies], in exercising F172... functions under this Part, to have regard to factors, standards and other matters prescribed by or referred to in the regulations.

(6)If the regulations require any person (other than the Chief Inspector) to have regard to or to meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—

(a)by the Chief Inspector in the exercise of his functions under this Part,

[F173(aa)by later years childminder agencies in the exercise of functions under this Part,] or

(b)in any proceedings under this Part.

(7)The regulations may provide—

(a)that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and

(b)that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

F169Words in s. 59(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. 24(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F170Word in s. 59(4) omiited (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. 24(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F171Words in s. 59(5) 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. 24(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F172Word in s. 59(5) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 24(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F173S. 59(6)(aa) 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. 24(4); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I74S. 59 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I75S. 59 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)

InspectionE+W

60InspectionsE+W

(1)This section applies to later years provision in respect of which the provider is registered [F174in Part A of the general childcare register].

(2)The Chief Inspector—

(a)must inspect later years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b)may inspect later years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(3)A requirement made by the Secretary of State as mentioned in subsection (2)(a) may be imposed in relation to later years provision at particular premises or a class of premises.

(4)Regulations may make provision requiring the registered person to notify prescribed persons of the fact that later years provision is to be inspected under this section.

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Amendments (Textual)

F174Words in s. 60(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. 25; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I76S. 60 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I77S. 60 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)

61Report of inspectionsE+W

(1)After conducting an inspection under section 60, the Chief Inspector may make a report in writing on such of the following matters as he considers appropriate—

(a)the contribution of the later years provision to the well-being of the children for whom it is provided,

(b)the quality and standards of the later years provision,

(c)how far the later years provision meets the needs of the range of children for whom it is provided, and

(d)the quality of leadership and management in connection with the later years provision.

(2)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b)must ensure that a copy of the report is sent without delay to the registered person,

(c)must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and

(d)may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.

(3)Regulations may make provision—

(a)requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;

(b)requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c)authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.

F175(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I78S. 61 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I79S. 61(1)-(3) 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)

[F176CHAPTER 3AE+WRegulation of later years childminder agencies

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Amendments (Textual)

F176Pt. 3 Ch. 3A 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. 26; S.I. 2014/889, arts. 3(m), 7(e)

Process of registrationE+W

61AApplications for registrationE+W

(1)A person may make an application to the Chief Inspector for registration as a later years childminder agency.

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector reasonably requires the applicant to give, and

(c)be accompanied by any prescribed fee.

(3)The Chief Inspector must grant an application under subsection (1) if—

(a)the applicant is not disqualified from registration by regulations under section 76A, 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) which subsection (3) does not require the Chief Inspector to grant.

(5)The prescribed requirements for registration may include requirements relating to—

(a)the applicant;

(b)any persons employed by the applicant;

(c)management and control of the applicant (where the applicant is not an individual);

(d)the provision to the Chief Inspector of information about later years providers registered with the applicant;

(e)the applicant's arrangements for registering later years providers;

(f)the applicant's arrangements in relation to training and monitoring later years providers, and providing such persons with information, advice and assistance;

(g)the applicant's arrangements for ensuring that later years provision is of a sufficient standard.

61BEntry on the register and certificatesE+W

(1)If an application under section 61A is granted, the Chief Inspector must—

(a)register the applicant in Part A of the general childcare register as a later years childminder agency, and

(b)give the applicant a certificate of registration stating that the applicant is so registered.

(2)A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.

(3)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the later years childminder agency an amended certificate.

(4)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the later years childminder agency a copy, on payment by the agency of any prescribed fee.

61CSpecial procedure for registered early years childminder agenciesE+W

(1)If an early years childminder agency gives notice to the Chief Inspector of a wish to be a later years childminder agency the Chief Inspector must—

(a)register the early years childminder agency in Part A of the general childcare register as a later years childminder agency, and

(b)give the agency a certificate of registration stating that it is so registered.

(2)Subsections (2) to (4) of section 61B apply in relation to a certificate of registration given in pursuance of subsection (1) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) of that section.

61DConditions on registrationE+W

(1)The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of a later years childminder agency under this Chapter.

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 61B or 61C or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)A later years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

InspectionsE+W

61EInspections of later years childminder agenciesE+W

(1)The Chief Inspector—

(a)must inspect a later years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b)may inspect a later years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2)For the purposes of an inspection under this section, the Chief Inspector may inspect later years provision provided by later years providers who are registered with the later years childminder agency for the purposes of Chapter 3.

(3)The Chief Inspector may charge a prescribed fee for conducting an inspection of a later years childminder agency where—

(a)the inspection is conducted at the request of the agency, and

(b)the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

(4)Regulations may make provision requiring a later years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.

61FReports of inspectionsE+W

(1)After conducting an inspection under section 61E, the Chief Inspector must make a report in writing on—

(a)the quality and standards of the services offered by the later years childminder agency to later years providers registered with it,

(b)the quality of leadership and management in the later years childminder agency, and

(c)the effectiveness of the arrangements of the later years childminder agency for assuring itself of the quality of the care and education provided by the later years providers registered with it.

(2)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b)must ensure that a copy of the report is sent without delay to the later years childminder agency,

(c)must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and

(d)may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

(3)Regulations may make provision—

(a)requiring the later years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

(b)requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c)authorising the agency in prescribed cases to charge a fee for providing a copy of the report.

False representationsE+W

61GFalse representationsE+W

(1)A person who without reasonable excuse falsely represents that the person is a later years childminder agency commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Chapter 4E+WVoluntary registration

Process of voluntary registrationE+W

62Applications for registration on the general register: childmindersE+W

(1)A person who provides or proposes to provide in England—

(a)later years childminding for a child who has attained the age of eight, or

(b)early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,

may make an application to the Chief Inspector for registration in Part B of the general childcare register as a childminder.

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector reasonably requires the applicant to give, and

(c)be accompanied by any prescribed fee.

(3)The Chief Inspector must grant an application under subsection (1) 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) which subsection (3) does not require him to grant.

(5)The prescribed requirements for registration may include requirements relating to—

(a)the applicant;

(b)the premises on which the childminding is being (or is to be) provided;

(c)the arrangements for 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.

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Commencement Information

I80S. 62 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I81S. 62(1)(a)(2)-(5) in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4 (with art. 6, Sch. para. 2)

I82S. 62(1)(b) 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)

63Applications for registration on the general register: other childcare providersE+W

(1)A person who provides or proposes to provide on premises in England—

(a)later years provision (other than later years childminding) for a child who has attained the age of eight, or

(b)early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,

may make an application to the Chief Inspector for registration in Part B of the general childcare register F177....

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters;

(b)give any other information which the Chief Inspector reasonably requires the applicant to give;

(c)be accompanied by any prescribed fee.

(3)An application under subsection (1) may not be made in respect of provision for a child who has attained the age of [F178two ] if—

(a)the provision is made at any of the following [F179institutions] as part of the [F179institution's] activities—

(i)a maintained school,

(ii)a school [F180approved ] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)[F181an independent educational institution][F182or an alternative provision Academy that is not an independent school],

(b)the provision is made by the proprietor of the [F183institution] or a person employed to work at the [F183institution], and

[F184(c)where the provision is made at a school (including a school that is an independent educational institution)—

(i)the child is a registered pupil at the school, or

(ii)if the provision is made for more than one child, at least one of the children is a registered pupil at the school.]

(4)The Chief Inspector must grant an application under subsection (1) 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.

(5)The Chief Inspector must refuse any application under subsection (1) which subsection (4) does not require him to grant.

(6)The prescribed requirements for registration may include requirements relating to—

(a)the applicant;

(b)the premises on which the childcare is being (or is to be) provided;

(c)the arrangements for childcare 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.

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Amendments (Textual)

Commencement Information

I83S. 63 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I84S. 63(1)(a)(2)-(6) in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4 (with art. 6, Sch. para. 3)

I85S. 63(1)(b) 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)

64Entry on the register and certificatesE+W

(1)If an application under section 62(1) is granted, the Chief Inspector must—

(a)register the applicant in Part B of the general childcare register as a childminder, and

(b)give the applicant a certificate of registration stating that he is so registered.

(2)If an application under section 63(1) is granted, the Chief Inspector must—

(a)register the applicant in Part B of the general childcare register as a provider of childcare other than a childminder F185..., and

(b)give the applicant a certificate of registration stating that he is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered person an amended certificate.

(5)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered person a copy, on payment by the provider of any prescribed fee.

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Amendments (Textual)

Commencement Information

I86S. 64 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I87S. 64 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4

65Special procedure for persons already registered [F186in a childcare register]E+W

(1)If a person who is registered as a childminder in the early years register or in Part A of the general childcare register gives notice to the Chief Inspector that he wishes to be registered in Part B of the general childcare register, the Chief Inspector must—

(a)register the person in Part B of the general childcare register as a childminder, and

(b)give the applicant a certificate of registration stating that he is so registered.

(2)If a person who is registered (otherwise than as a childminder) in the early years register or in Part A of the general childcare register F187... gives notice to the Chief Inspector that he wishes to be registered in Part B of the general childcare register F187..., the Chief Inspector must—

(a)register the person in Part B of the general childcare register as a provider of childcare other than a childminder F187... , and

(b)give the person a certificate of registration stating that he is so registered.

(3)Subsections (3) to (5) of section 64 apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

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Amendments (Textual)

F186Words in s. 65 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. 28; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I88S. 65 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[F188Voluntary registration of persons registered with childminder agenciesE+W

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Amendments (Textual)

F188S. 65A and cross-heading 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. 29; S.I. 2014/889, arts. 3(m), 7(e)

65AProcedure for persons already registered with a childminder agencyE+W

(1)A person who is registered as an early years childminder with an early years childminder agency or as a later years childminder with a later years childminder agency may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision in England of—

(a)later years childminding for a child who has attained the age of eight;

(b)early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.

(2)If a person gives notice to an agency under subsection (1), the agency must—

(a)register the person in the register maintained by the agency as a childminder registered under this Chapter, and

(b)give the person a certificate of registration stating that he or she is so registered.

(3)A person who is registered as an early years provider (other than a childminder) with an early years childminder agency or as a later years provider (other than a childminder) with a later years childminder agency F189... may give notice to the agency that he or she wishes to be registered with the agency in respect of F189...—

(a)later years provision (other than later years childminding) for a child who has attained the age of eight;

(b)early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.

(4)If a person gives notice to an agency under subsection (3), the agency must—

(a)register the person in the register maintained by the agency as a provider of childcare (other than a childminder) registered under this Chapter F190..., and

(b)give the person a certificate of registration stating that he or she is so registered.

(5)A certificate of registration given to the applicant in pursuance of subsection (2) or (4) must contain prescribed information about prescribed matters.

(6)If there is a change of circumstances which requires the amendment of a certificate of registration, the agency must give the registered person an amended certificate.]

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Amendments (Textual)

Regulation of persons registering voluntarilyE+W

66Conditions on registrationE+W

(1)The Chief Inspector may impose such conditions as he thinks fit on the registration of a person [F191in Part B of the general childcare register].

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers a person in pursuance of section 64 or 65 or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to regulations under section 67.

(5)A person registered F192[in Part B of the general childcare register] commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

F191Words in s. 66(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. 30; S.I. 2014/889, arts. 3(m), 7(e)

F192Words in s. 66(5) 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. 30; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I89S. 66 in force at 6.4.2007 by S.I. 2007/1019, art. 4

67Regulations governing activitiesE+W

(1)This section applies to persons providing early years provision or later years provision (or both) in respect of which they are registered under this Chapter.

(2)The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of persons to whom this section applies.

(3)The regulations may deal with the following matters (among others)—

(a)the welfare of the children concerned;

(b)the arrangements for safeguarding the children concerned;

(c)suitability of persons to care for, or be in regular contact with, the children concerned;

(d)qualifications and training;

(e)the suitability of premises and equipment;

(f)the manner in which the childcare provision is organised;

(g)procedures for dealing with complaints;

(h)the keeping of records;

(i)the provision of information.

(4)The power to make regulations under this section may be exercised so as confer powers or impose duties on the Chief Inspector [F193, early years childminder agencies or later years childminder agencies] in the exercise of F194... functions under this Part.

(5)In particular, it may be so exercised so as to require the Chief Inspector [F195, early years childminder agencies or later years childminder agencies], in exercising F196... functions under this Part, to have regard to factors, standards and other matters prescribed by or referred to in the regulations.

(6)If the regulations require any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—

(a)by the Chief Inspector in the exercise of his functions under this Part,

[F197(aa)by early years childminder agencies or later years childminder agencies in the exercise of functions under this Part,] or

(b)in any proceedings under this Part.

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Amendments (Textual)

F193Words in s. 67(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. 31(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F194Word in s. 67(4) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 31(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F195Words in s. 67(5) 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. 31(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F196Word in s. 67(5) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 31(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F197S. 67(6)(aa) 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. 31(4); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I90S. 67 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I91S. 67 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4

Chapter 5E+WCommon provisions

Cancellation of registration etc.E+W

68Cancellation of registration [F198in a childcare register: early years and later years providers]E+W

(1)The Chief Inspector must cancel the registration of a person registered under Chapter 2, 3 or 4 [F199 in the early years register or the general childcare register] if it appears to him that the person has become disqualified from registration by regulations under section 75.

(2)The Chief Inspector may cancel the registration of a person registered under Chapter 2, 3 or 4 [F200in the early years register or the general childcare register] if it appears to him—

(a)that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,

(b)that the person has failed to comply with a condition imposed on his registration under that Chapter,

(c)that he has failed to comply with a requirement imposed on him by regulations under that Chapter,

(d)in the case of a person registered under Chapter 2 [F201in the early years register], that he has failed to comply with section 40(2)(a), or

(e)in any case, that he has failed to pay a prescribed fee.

(3)The Chief Inspector may cancel the registration of a person registered [F202under Chapter 2 in the early years register as an early years childminder] if it appears to him that the person has not provided early years childminding for a period of more than three years during which he was registered.

(4)The Chief Inspector may cancel the registration of a person registered [F203under Chapter 3 in Part A of the general childcare register as a later years childminder] if it appears to him that the person has not provided later years childminding for a period of more than three years during which he was registered.

(5)The Chief Inspector may cancel the registration of a person registered [F204under Chapter 4 in Part B of the general childcare register as a childminder] if it appears to him that the person has provided neither early years childminding nor later years childminding for a period of more than three years during which he was registered.

(6)Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a person registered under Chapter 2, 3 or 4 [F205in the early years register or the general childcare register], his registration may not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—

(a)the time set for complying with the requirements has not expired, and

(b)it is shown that the defect or insufficiency is due to the changes or additions not having been made.

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Amendments (Textual)

F198Words in s. 68 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. 33(8); S.I. 2014/889, arts. 3(m), 7(e)

F199Words in s. 68(1) 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. 33(2); S.I. 2014/889, arts. 3(m), 7(e)

F200Words in s. 68(2) 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. 33(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F201Words in s. 68(2)(d) 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. 33(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F202Words in s. 68(3) 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. 33(4); S.I. 2014/889, arts. 3(m), 7(e)

F203Words in s. 68(4) 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. 33(5); S.I. 2014/889, arts. 3(m), 7(e)

F204Words in s. 68(5) 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. 33(6); S.I. 2014/889, arts. 3(m), 7(e)

F205Words in s. 68(6) 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. 33(7); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I92S. 68 in force at 6.4.2007 by S.I. 2007/1019, art. 4

69Suspension of registration [F206in a childcare register: early years and later years providers ]E+W

(1)Regulations may provide for the registration of a person registered under Chapter 2, 3 or 4 [F207in the early years register or the general childcare register] to be suspended for a prescribed period in prescribed circumstances.

[F208(1A)Regulations under subsection (1) may in particular provide that registration may be suspended generally or only in relation to particular premises.]

(2)Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.

(3)A person registered [F209under Chapter 2 in the early years register as an early years childminder] [F210

(a)may not provide early years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)may not provide early years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.]

(4)A person registered [F211under Chapter 3 in Part A of the general childcare register as a later years childminder] [F212

(a)may not provide later years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)may not provide later years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.]

(5)Subsection (3) or (4) does not apply in relation to early years childminding or (as the case may be) later years childminding which the person may provide without being registered under Chapter 2 or 3.

(6)A person registered [F213under Chapter 2 in the early years register as an early years provider (other than an early years childminder)] [F214

(a)may not provide early years provision at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)may not provide early years provision on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.]

(7)A person registered [F215 under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) ] [F216

(a)may not provide later years provision, for a child who has not attained the age of 8, at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)may not provide later years provision, for a child who has not attained the age of 8, on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.]

(8)Subsection (6) or (7) does not apply in relation to early years provision or (as the case may be) later years provision which the person may provide without being registered under Chapter 2 or 3.

(9)A person commits an offence if, without reasonable excuse, he contravenes subsection (3), (4), (6) or (7).

(10)A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)In this Part, “the Tribunal” means the [F217First-tier Tribunal].

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Amendments (Textual)

F206Words in s. 69 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. 34(7); S.I. 2014/889, arts. 3(m), 7(e)

F207Words in s. 69(1) 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. 34(2); S.I. 2014/889, arts. 3(m), 7(e)

F209Words in s. 69(3) 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. 34(3); S.I. 2014/889, arts. 3(m), 7(e)

F211Words in s. 69(4) 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. 34(4); S.I. 2014/889, arts. 3(m), 7(e)

F213Words in s. 69(6) 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. 34(5); S.I. 2014/889, arts. 3(m), 7(e)

F215Words in s. 69(7) 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. 34(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I93S. 69 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I94S. 69 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4

[F21869ACancellation, termination and suspension of registration with a childminder agencyE+W

(1)Regulations may make provision about the cancellation, termination and suspension of the registration of an early years provider or a later years provider with an early years childminder agency or a later years childminder agency for the purposes of Chapter 2, 3 or 4, in particular—

(a)about the termination by an early years provider or a later years provider of his or her registration;

(b)for the creation of offences relating to things done while a registration is suspended;

(c)about the resolution of disputes between an early years provider or a later years provider and an early years childminder agency or a later years childminder agency.

(2)Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension.

(3)Regulations made by virtue of subsection (1)(b) may only create offences which are—

(a)triable only summarily, and

(b)punishable only with a fine not exceeding the level specified in the regulations, which may not exceed level 5 on the standard scale.]

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Amendments (Textual)

F218S. 69A 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. 35; S.I. 2014/889, arts. 3(m), 7(e)

[F21969BCancellation of registration: childminder agenciesE+W

(1)The Chief Inspector must cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector that the person has become disqualified from registration by regulations under section 76A.

(2)The Chief Inspector may cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector—

(a)that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,

(b)that the person has failed to comply with a condition imposed on the registration under that Chapter,

(c)that the person has failed to comply with a requirement imposed by regulations under that Chapter,

(d)that the person has failed to comply with a requirement imposed by this Chapter, or by regulations under this Chapter, or

(e)that the person has failed to pay a prescribed fee.

(3)Where a requirement to make any changes or additions to any services has been imposed on a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency, the person's registration may not be cancelled on the ground of any defect or insufficiency in the services, if—

(a)the time set for complying with the requirements has not expired, and

(b)it is shown that the defect or insufficiency is due to the changes or additions not having been made.

(4)Regulations may make provision about the effect of the cancellation under this section of the registration under Chapter 2A or 3A of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

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Amendments (Textual)

F219Ss. 69B, 69C 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. 36; S.I. 2014/889, arts. 3(m), 7(e)

69CSuspension of registration: childminder agenciesE+W

(1)Regulations may provide for the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency to be suspended for a prescribed period in prescribed circumstances.

(2)Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.

(3)Regulations under subsection (1) may make provision about the effect of the suspension of the registration of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

(4)A person registered under Chapter 2A as an early years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—

(a)exercise any functions of an early years childminder agency, or

(b)represent that the person may exercise such functions.

(5)A person registered under Chapter 3A as a later years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—

(a)exercise any functions of a later years childminder agency, or

(b)represent that the person may exercise such functions.

(6)A person commits an offence if, without reasonable excuse, the person contravenes subsection (4) or (5).

(7)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

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Amendments (Textual)

F219Ss. 69B, 69C 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. 36; S.I. 2014/889, arts. 3(m), 7(e)

70Voluntary removal from [F220a childcare register: early years and later years providers]E+W

(1)A person registered under [F221Chapter 2, 3 or 4] may give notice to the Chief Inspector that he wishes to be removed from the early years register or (as the case may be) from Part A or B of the general childcare register.

(2)If a person gives notice under subsection (1) the Chief Inspector must remove him from the early years register or (as the case may be) from the relevant Part of the general childcare register.

(3)The Chief Inspector must not act under subsection (2) if—

(a)the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of his intention to cancel his registration, and

(b)the Chief Inspector has not decided that he no longer intends to take that step.

(4)The Chief Inspector must not act under subsection (2) if—

(a)the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of his decision to cancel his registration, and

(b)the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.

(5)Subsections (3) and (4) do not apply if the person is seeking removal from Part B of the general childcare register.

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Amendments (Textual)

F220Words in s. 70 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. 37(3); S.I. 2014/889, arts. 3(m), 7(e)

F221Words in s. 70(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. 37(2); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I95S. 70 in force at 6.4.2007 by S.I. 2007/1019, art. 4

[F22270AVoluntary removal from a childcare register: childminder agenciesE+W

(1)A person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency may give notice to the Chief Inspector of a wish to be removed from the early years register or (as the case may be) from Part A of the general childcare register.

(2)If a person gives notice under subsection (1) the Chief Inspector must remove the person from the early years register or (as the case may be) from Part A of the general childcare register.

(3)The Chief Inspector must not act under subsection (2) if—

(a)the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of the Chief Inspector's intention to cancel the person's registration, and

(b)the Chief Inspector has not decided that he or she no longer intends to take that step.

(4)The Chief Inspector must not act under subsection (2) if—

(a)the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of the Chief Inspector's decision to cancel the person's registration, and

(b)the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.]

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Amendments (Textual)

F222S. 70A 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. 38; S.I. 2014/889, arts. 3(m), 7(e)

71Termination of voluntary registration [F223in Part B of the general childcare register] on expiry of prescribed periodE+W

Regulations may make provision requiring the Chief Inspector to remove a registered person from Part B of the general childcare register on the expiry of a prescribed period of time from the date of his registration.

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Amendments (Textual)

F223Words in s. 71 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. 39; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I96S. 71 in force at 20.12.2006 by S.I. 2006/3360, art. 2(e)

Cancellation etc. in an emergencyE+W

72Protection of children in an emergencyE+W

(1)In relation to a person registered under Chapter 2, 3 or 4 [F224in the early years register or the general childcare register ], the Chief Inspector may apply to [F225the family court] for an order—

(a)cancelling the person's registration;

(b)varying or removing a condition to which his registration is subject;

(c)imposing a new condition on his registration.

(2)If it appears to [F226the court] that a child for whom early years provision or later years provision is being or may be provided by that person is suffering or is likely to suffer significant harm, [F226the court] may make the order.

(3)An application under subsection (1) may be made without notice.

(4)An order under subsection (2)—

(a)must be made in writing, and

(b)has effect from the time when it is made.

(5)If an order is made under subsection (2), the Chief Inspector must serve on the registered person as soon as is reasonably practicable after the making of the order—

(a)a copy of the order,

(b)a copy of any written statement in support of the application for the order, and

(c)notice of any right of appeal conferred by section 74.

(6)The documents mentioned in subsection (5) may be served on the registered person by—

(a)delivering them to him, or

(b)sending them by post.

(7)For the purposes of this section, “harm” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.

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Amendments (Textual)

F224Words in s. 72(1) 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. 40; S.I. 2014/889, arts. 3(m), 7(e)

F225Words in s. 72(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 203(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F226Words in s. 72(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 203(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I97S. 72 in force at 6.4.2007 by S.I. 2007/1019, art. 4

Registration – procedural safeguardsE+W

73Procedure for taking certain stepsE+W

(1)This section applies if the Chief Inspector proposes to take any of the following steps under this Part—

(a)refuse an application for registration;

(b)impose a new condition on a person's registration;

(c)vary or remove any condition imposed on a person's registration;

(d)refuse to grant an application for the variation or removal of any such condition;

(e)cancel a person's registration.

(2)The Chief Inspector must give to the applicant or (as the case may be) the registered person notice of his intention to take the step in question.

(3)The notice must—

(a)give the Chief Inspector's reasons for proposing to take the step, and

(b)inform the person concerned of [F227the person's] rights under this section.

(4)The Chief Inspector may not take the step until the end of the period of 14 days beginning with the day on which he gives notice under subsection (2) unless the applicant or (as the case may be) the registered person notifies the Chief Inspector that [F228the applicant or registered person] does not wish to object to the step being taken.

(5)If the recipient of a notice under subsection (2) (“the recipient”) gives notice to the Chief Inspector that [F229the recipient] wishes to object to the step being taken, the Chief Inspector must give [F230the recipient] an opportunity to object before deciding whether to take the step.

(6)An objection made in pursuance of subsection (5) may be made orally or in writing and in either case may be made by the recipient or [F231the recipient's] representative.

(7)If the Chief Inspector decides to take the step, he must give the recipient notice of his decision (whether or not the recipient informed the Chief Inspector that [F232the recipient] wished to object to the step being taken).

(8)The taking of a step mentioned in paragraph (b), (c) or (e) of subsection (1) does not have effect until—

(a)the expiry of the time within which an appeal may be brought under section 74, or

(b)if such an appeal is brought, the time when the appeal is determined (and the taking of the step is confirmed).

(9)Subsection (8) does not prevent such a step having effect before the expiry of the time within which an appeal may be brought if the person concerned notifies the Chief Inspector that [F233the person] does not intend to appeal.

(10)If the Chief Inspector gives notice to an applicant for registration under Chapter 2 or 3 that he intends to refuse [F234the] application, the application may not be withdrawn without the consent of the Chief Inspector.

(11)In this section and in section 74, “a new condition” means a condition imposed otherwise than at the time of the person's registration.

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Amendments (Textual)

F227Words in s. 73(3)(b) 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. 41(2); S.I. 2014/889, arts. 3(m), 7(e)

F228Words in s. 73(4) 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. 41(3); S.I. 2014/889, arts. 3(m), 7(e)

F229Words in s. 73(5) 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. 41(4)(a); S.I. 2014/889, arts. 3(m), 7(e)

F230Words in s. 73(5) 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. 41(4)(b); S.I. 2014/889, arts. 3(m), 7(e)

F231Words in s. 73(6) 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. 41(5); S.I. 2014/889, arts. 3(m), 7(e)

F232Words in s. 73(7) 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. 41(6); S.I. 2014/889, arts. 3(m), 7(e)

F233Words in s. 73(9) 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. 41(7); S.I. 2014/889, arts. 3(m), 7(e)

F234Word in s. 73(10) 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. 41(8); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I98S. 73 in force at 6.4.2007 by S.I. 2007/1019, art. 4

74Appeals [F235relating to registration in a childcare register]E+W

(1)An applicant for registration or (as the case may be) a registered person may appeal to the Tribunal against the taking of any of the following steps by the Chief Inspector under this Part—

(a)the refusal of [F236the] application for registration;

(b)the imposition of a new condition on [F237the person's] registration;

(c)the variation or removal of any condition imposed on [F238the person's] registration;

(d)the refusal of an application to vary or remove any such condition;

(e)the cancellation of [F239the person's] registration.

(2)An applicant for registration or (as the case may be) a registered person may also appeal to the Tribunal against any other determination made by the Chief Inspector under this Part which is of a prescribed description.

(3)A person against whom an order is made under section 72(2) may appeal to the Tribunal against the making of the order.

(4)On an appeal the Tribunal must either—

(a)confirm the taking of the step, the making of the other determination or the making of the order (as the case may be), or

(b)direct that it shall not have, or shall cease to have, effect.

(5)Unless the Tribunal has confirmed the taking of a step mentioned in subsection (1)(a) or (e) or the making of an order under section 72(2) cancelling a person's registration, the Tribunal may also do either or both of the following—

(a)impose conditions on the registration of the person concerned;

(b)vary or remove any condition previously imposed on [