The Childcare (Miscellaneous Amendments) Regulations 2015

Amendments to the Childcare (Fees) Regulations 2008

7.—(1) The Childcare (Fees) Regulations 2008(1) are amended as follows.

(2) In regulation 2 (interpretation) after the definition of “the 2006 Act” insert—

““additional premises application” means an application to the Chief Inspector for approval of the suitability of additional premises—

(a)

in the case of a person who is registered in the early years register, under regulation 8A of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012;

(b)

in the case of a person who is registered in Part A of the general childcare register, under paragraph 13ZA of Schedule 3 to the Childcare (General Childcare Register) Regulations 2008; or

(c)

in the case of a person who is registered in Part B of the general childcare register, under paragraph 14A of Schedule 6 to the Childcare (General Childcare Register) Regulations 2008;

“approved premises” means premises that have been approved by the Chief Inspector as suitable for the provision of childcare at the time of registration or following an additional premises application;”.

(3) After regulation 2 (interpretation), insert—

“Fees that do not apply to certain childcare providers in respect of non-domestic premises

2A.   The following regulations do not apply to early years provision or later years provision, on non-domestic premises, that would be childminding but for section 96(5) or (9) of the 2006 Act—

(a) regulation 4 (application fee for the early years register: other early years providers);

(b) regulation 6 (application fee for Part A of the general childcare register: other later years providers);

(c) regulation 8 (application fee for Part B of the general childcare register: other childcare providers);

(d) regulation 10 (annual fee for other early years providers registered in the early years register);

(e) regulation 12 (annual fee for other later years providers registered in Part A of the general childcare register); and

(f) regulation 15 (annual fee for other childcare providers registered in Part B of the general childcare register).”.

(4) In regulation 4 (application fee for the early years register: other early years providers)—

(a) after “2006 Act”, insert “or an additional premises application”;

(b) after “£35”, insert “for each of the premises on which that amount of provision is to be provided”; and

(c) after “£220”, insert “for each of the premises on which that amount of provision is to be provided”.

(5) In regulation 6 (application fee for Part A of the general childcare register: other later years providers)—

(a) after “2006 Act”, insert “or an additional premises application”; and

(b) after “£114”, insert “for each of the premises on which the provision is to be provided”.

(6) In regulation 8 (application fee for Part B of the general childcare register: other childcare providers)—

(a) after “2006 Act”, insert “or an additional premises application”; and

(b) after “£114”, insert “for each of the premises on which the provision is to be provided”.

(7) In regulation 10 (annual fee for other early years providers registered in the early years register)—

(a) in paragraph (2), after “£35” insert “in respect of each of the approved premises on which that amount of provision is provided”;

(b) in paragraph (3), after “£220” insert “in respect of each of the approved premises on which that amount of provision is provided”;

(c) for paragraphs (5) and (6) substitute—

“(5) The prescribed time is the day in each year which is the anniversary of the date on which—

(a) with respect to premises approved at the time of registration—

(i) the early years provider; or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

was registered under section 79F(1) or (2) of the 1989 Act; or

(b) with respect to premises approved following an additional premises application, the additional premises application is or was approved.

(6) In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which—

(a) with respect to premises approved at the time of registration, the early years provider was registered under section 37(2) of the 2006 Act; or

(b) with respect to premises approved following an additional premises application, the additional premises application is or was approved.”; and

(d) in paragraph (7) for “2015” substitute “2017”.

(8) In regulation 12 (annual fee for other later years providers registered in Part A of the general childcare register)—

(a) in paragraph (1)—

(i) for “Subject to regulation 13, a” substitute “A”; and

(ii) after “paragraph (4) or (5)” insert “(but see regulations 2A and 13 for certain exceptions)”;

(b) in paragraph (2), after “£114” insert “in respect of each of the approved premises”; and

(c) for paragraphs (4) and (5) substitute—

“(4) The prescribed time is the day in each year which is the anniversary of the date on which—

(a) with respect to premises approved at the time of registration—

(i) the later years provider; or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

was registered under section 79F(1) or (2) of the 1989 Act; or

(b) with respect to premises approved following an additional premises application, the additional premises application is or was approved.

(5) In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which—

(a) with respect to premises approved at the time of registration, the later years provider was registered under section 56(2) of the 2006 Act; or

(b) with respect to premises approved following an additional premises application, the additional premises application is or was approved.”.

(9) In regulation 15 (annual fee for other childcare providers registered in Part B of the general childcare register)—

(a) in paragraph (1)—

(i) for “Subject to regulation 16, a” substitute “A”; and

(ii) after “paragraph (4) or (5)” insert “(but see regulations 2A and 16 for certain exceptions)”;

(b) in paragraph (2), after “£114” insert “in respect of each of the approved premises”; and

(c) for paragraphs (4) and (5) substitute—

“(4) The prescribed time is the day in each year which is the anniversary of the date on which—

(a) with respect to premises approved at the time of registration—

(i) the early years provider or the later years provider; or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

was registered under section 79F(1) or (2) of the 1989 Act; or

(b) with respect to premises approved following an additional premises application, the additional premises application is or was approved.

(5) In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which—

(a) with respect to premises approved at the time of registration, the early or later years provider was registered under section 64(2) of the 2006 Act; or

(b) with respect to premises approved following an additional premises application, the additional premises application is or was approved.”.

(1)

S.I. 2008/1804, amended by S.I. 2010/307, S.I. 2012/2168 and S.I. 2014/1921.