(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 [F1— .
(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 [F2or (as the case may be) the early years childminder agency ] reasonably requires the applicant to give, and
(c)[F3 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) [F4 (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) [F5 (a) ] which subsection (3) does not require him to grant.
[F6(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;
[F7(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.
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)
F4Word 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)
F5Word 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)
F6S. 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)
F7S. 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
I1S. 35 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)
I2S. 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)
(1)A person who proposes to provide F8... 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 F8....
[F9(1A)A person who proposes to provide F10... 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 F11..., or
(b)to an early years childminder agency for registration with that agency as an early years provider F11....]
(2)An application under subsection (1) [F12or (1A)] must—
(a)give any prescribed information about prescribed matters,
(b)give any other information which the Chief Inspector [F13or (as the case may be) the early years childminder agency ] reasonably requires the applicant to give, and
(c)[F14if 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) [F15or (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) [F16or (1A)(a) ] which subsection (3) does not require him to grant.
[F17(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;
[F18(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.
Textual Amendments
F8Words in s. 36(1) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 3(a); S.I. 2015/1329, reg. 6(b)
F9S. 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)
F10Words in s. 36(1A) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 3(b); S.I. 2015/1329, reg. 6(b)
F11Words in s. 36(1A)(a)(b) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 3(c); S.I. 2015/1329, reg. 6(b)
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Words 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)
F17S. 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)
F18S. 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
I3S. 36 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)
I4S. 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)
(1)If an application under section 35(1) [F19(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) [F20or (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 F21..., 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.
Textual Amendments
F19Word 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)
F20Words 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)
F21Words in s. 37(2)(a) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 4; S.I. 2015/1329, reg. 6(b)
Commencement Information
I5S. 37 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)
I6S. 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)
(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 F23..., 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.]
Textual Amendments
F22S. 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)
F23Words in s. 37A(2)(a) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 5; S.I. 2015/1329, reg. 6(b)
(1)The Chief Inspector may impose such conditions as he thinks fit on the registration of an early years provider [F24in 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.
F25(5)An early years provider registered [F26in 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.
Textual Amendments
F24Words 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)
F25Words 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)
F26Words 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
I7S. 38 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)