13.—(1) For the purposes of regulations 14, 15, 16 and 20, information is not to be treated as prescribed information which may or must be disclosed—
(a)where it includes information as to the identity of any child to whom childcare is being or has been provided without the consent of a parent of the child identified; or
(b)where it includes information as to the identity of a parent or relative of such a child (unless the parent or relative in question is the childcare provider) without the consent of the parent or relative identified.
(2) For the purposes of regulations 14 to 20, information is not to be treated as prescribed information which may or must be disclosed where the childminder agency is required under any enactment, by any rule of law or by the order of the court not to disclose the information.
(3) In this regulation, “disclosure” includes making information available, or the provision of information, to a person or body, and “disclose” shall be construed accordingly.
14.—(1) For the purposes of section 83A(1) of the Act, the information in paragraphs 1 to 5, 8, 9 and 19 of Schedule 2 is prescribed information which must be provided to the Secretary of State and Her Majesty’s Revenue and Customs when a childminder agency takes the step mentioned in sub-paragraph (a) of section 83A(1) in relation to a person’s registration, or any of the steps prescribed in paragraph (2).
(2) The prescribed steps are—
(a)cancellation of a person’s registration;
(b)suspension of a person’s registration;
(c)termination of a person’s registration at the person’s request.
15.—(1) For the purposes of section 83A(1) of the Act, the information in paragraphs 1 to 12, 19 and 20 of Schedule 2 is prescribed information which must be provided to a relevant local authority when a childminder agency takes the step mentioned in sub-paragraph (a) of section 83A(1) in relation to a person’s registration, or any of the steps prescribed in paragraph (2).
(2) The prescribed steps are—
(a)giving notice of intention to cancel a person’s registration;
(b)cancellation of a person’s registration;
(c)suspension of a person’s registration;
(d)termination of a person’s registration at the person’s request.
16. For the purposes of section 84A(1) of the Act, the information specified in paragraphs 1 to 6, 8 to 11 and 16 to 19 of Schedule 2 is prescribed information about a registered provider which a childminder agency may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early years or later years provider.
17. For the purposes of section 84A(1) of the Act, the information specified in paragraphs 1 to 5, 13 to 15, 20 and 21 of Schedule 2 is prescribed information about a registered provider which a childminder agency may arrange to be made available for the purpose of protecting children from harm or neglect.
18.—(1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in paragraphs 4, 13 to 15, 20 and 21 of Schedule 2 as has been requested and is held by the childminder agency in relation to that registered provider.
(2) The prescribed persons are—
(a)a child protection agency; and
(b)a local policing body, or a police authority or a chief officer within the meaning of section 126 of the Police Act 1997(1).
(3) In this regulation, “child protection agency” means the National Society for the Prevention of Cruelty to Children and any body or authority exercising statutory functions within the United Kingdom relating to the protection of children.
19.—(1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by the childminder agency in relation to that registered provider.
(2) The prescribed persons are—
(a)a fostering agency within the meaning of section 4(4) of the Care Standards Act 2000(2);
(b)a voluntary adoption agency within the meaning of section 4(7) of that Act(3);
(c)the Welsh Ministers;
(d)Social Care and Social Work Improvement Scotland;
(e)a Health and Social Care Trust in Northern Ireland;
(f)a body acting on behalf of the Crown in the Channel Islands or in the Isle of Man;
(g)the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare; and
(h)a childminder agency.
(3) Subject to paragraph (4), the prescribed information is the information specified in paragraphs 1 to 6, 8, 9, 11, 14, 15, 19 and 20 of Schedule 2.
(4) Any information referred to in paragraph (3) is not to be treated as prescribed information which must be provided to a prescribed person where the information has previously been provided by the childminder agency to that prescribed person.
20.—(1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, pursuant to section 84A(3) of the Act, for the purpose of—
(a)assisting parents in choosing an early years or later years provider; or
(b)protecting children from harm or neglect,
provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by the childminder agency in relation to that registered provider.
(2) The prescribed persons are the parents of children to whom childcare is being or has been provided by the registered provider referred to in paragraph (1) or the parents of children for whom it is proposed that the registered provider will provide childcare.
(3) Subject to paragraph (4), the prescribed information is the information specified in paragraphs 1 to 4, 7, 16, 18 and 20 of Schedule 2.
(4) Any information referred to in paragraph (3) is not to be treated as prescribed information—
(a)where the information is available to the parent to whom it would fall to be provided by other means reasonably at the parent’s disposal;
(b)where to provide the information would involve disproportionate effort or expense;
(c)where the circumstances indicate that the information is or may be sought in contemplation or furtherance of civil proceedings against the childminder agency or any other person or body; or
(d)where the information has previously been provided by the childminder agency to that parent.
The definition of “police authority” in section 126 of the Police Act 1997 (“the 1997 Act”) was amended by section 78(1) of, and paragraphs 20(1) and (3) of Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32), section 1 of, and paragraphs 221 and 224 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), in relation to Scotland by section 128(1) of, and paragraph 14(8)(b) of Schedule 7 to, the Police and Fire Reform (Scotland) Act 2012, and in relation to England and Wales by Article 25 of, and paragraphs 6(1) and 7(b) of Schedule 1 to, S.I. 2013/602. The definition of “chief officer” in the 1997 Act was amended by section 78(1) of, and paragraphs 20(1) and (2)(b) of Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32), in relation to Scotland by section 128(1) of, and paragraph 14(8)(a) of Schedule 7 to, the Police and Fire Reform (Scotland) Act 2012, and in relation to England and Wales by Article 25 of, and paragraphs 6(1) and 7(a) of Schedule 1 to, S.I. 2013/602.
Section 4(7) was amended by section 139(1) of, and paragraphs 103 and 104 of Schedule 3 to, the Adoption and Children Act 2002 (c. 38).