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Childcare Act 2006, Chapter 3 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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 [F1as 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.

Textual Amendments

F1Words 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

I1S. 52 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2S. 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

[F2(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 F3....

[F4(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 F5... 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 F6..., or

(b)with a later years childminder agency F6....]

(2)[F7Subsections (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 [F8institutions] as part of the [F8institution's ] activities—

(i)a maintained school,

(ii)a school [F9approved ] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)[F10an independent educational institution] [F11or an alternative provision Academy that is not an independent school],

(b)the provision is made by the proprietor of the [F12institution] or a person employed to work at the [F12institution], and

[F13(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, [F14subsections (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) [F15or (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.

Textual Amendments

F2S. 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)

F7Words 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)

F14Words 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)

F15Words 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

I3S. 53 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I4S. 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 [F16— .

(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 [F17or (as the case may be) the later years childminder agency] reasonably requires the applicant to give, and

(c)[F18if 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) [F19(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) [F20(a)] which subsection (3) does not require him to grant.

[F21(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;

[F22(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.

Textual Amendments

F16Words 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)

F17Words 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)

F18Words 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)

F19Word 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)

F20Word 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)

F21S. 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)

F22S. 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

I5S. 54 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I6S. 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 F23... 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 F23....

[F24(1A)A person who proposes to provide F25... 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 F26..., or

(b)to a later years childminder agency for registration with that agency as a later years provider F26....]

(2)An application under subsection (1) [F27or (1A)] must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector [F28or (as the case may be) the later years childminder agency ] reasonably requires the applicant to give, and

(c)[F29if 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) [F30or (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) [F31or (1A)(a)] which subsection (3) does not require him to grant.

[F32(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;

[F33(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.

Textual Amendments

F24S. 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)

F27Words 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)

F28Words 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)

F29Words 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)

F30Words 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)

F31Words 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)

F32S. 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)

F33S. 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

I7S. 55 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I8S. 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) [F34(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) [F35or (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 F36..., 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.

Textual Amendments

F34Word 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)

F35Words 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

I9S. 56 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I10S. 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)

[F3756ALater 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 F38..., 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.]

Textual Amendments

F37S. 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)

F3957Special 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 F40... 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 F40..., 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 F40..., 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.

Textual Amendments

F39Words 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

I11S. 57 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[F4157ASpecial 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 F42... 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 F43..., the agency must—

(a)register the person in the register maintained by the agency as a later years provider other than a childminder F43..., 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.]

Textual Amendments

F41S. 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 [F44in 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 [F45in 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.

Textual Amendments

F44Words 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)

F45Words 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

I12S. 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 [F46or later years childminder agencies] in the exercise of F47... functions under this Part.

(5)In particular, it may be so exercised so as to require the Chief Inspector [F48or later years childminder agencies], in exercising F49... 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,

[F50(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.

Textual Amendments

F46Words 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)

F47Word 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)

F48Words 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)

F49Word 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)

F50S. 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

I13S. 59 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I14S. 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 [F51in 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.

Textual Amendments

F51Words 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

I15S. 60 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I16S. 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.

F52(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I17S. 61 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I18S. 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)

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