Part 3Regulation of Provision of Childcare in England
Chapter 3Regulation of later years provision for children under 8
Requirements to register
I1I952Requirement to register: later years childminders for children under eight
C11
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 F4as 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.
I2I1053Requirement to register: other later years providers for children under eight
C2F51
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 F42....
F411ZA
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 F43... 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 F44..., or
b
with a later years childminder agency F44....
2
F6Subsections (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 F36institutions as part of the F36institution's activities—
i
a maintained school,
ii
a school F37approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
b
F40c
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, F7subsections (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) F8or (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.
Process of registration
I3I1154Applications for registration: later years childminders
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 F9— .
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 F10or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and
c
F11if 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) F12(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) F13(a) which subsection (3) does not require him to grant.
F144A
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;
F15aa
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.
I4I1255Applications for registration: other later years providers
1
F161A
A person who proposes to provide F45... 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 F47..., or
b
to a later years childminder agency for registration with that agency as a later years provider F47....
2
An application under subsection (1) F17or (1A) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F18or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and
c
F19if 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) F20or (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) F21or (1A)(a) which subsection (3) does not require him to grant.
F224A
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;
F23aa
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.
I5I1356Entry on the register and certificates
1
If an application under section 54(1) F24(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) F25or (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 F48..., 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.
56AF26Later years childminder agencies: registers and certificates
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 F49..., 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.
I14F2757Special procedure for providers registered in the early years register
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 F50... 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 F50..., 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 F50..., 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.
57AF28Special procedure for providers registered with early years childminder agencies
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 F51... 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 F52..., the agency must—
a
register the person in the register maintained by the agency as a later years provider other than a childminder F52..., 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.
Regulation
I1558Conditions on registration
1
The Chief Inspector may impose such conditions as he thinks fit on the registration of a later years provider F29in 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 F3in 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.
I6I1659Regulations governing activities
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
5
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,
F34aa
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.
Inspection
I7I1760Inspections
1
This section applies to later years provision in respect of which the provider is registered F35in 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.
I861Report of inspections
I181
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.
I182
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.
I183
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.
F14
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