Part 3Regulation of Provision of Childcare in England

Chapter 3Regulation of later years provision for children under 8

Requirements to register

52Requirement to register: later years childminders for children under eight

(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 in Part A of the general childcare register as a childminder.

(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.