Childcare Act 2006

Regulation E+W

58 Conditions on registration E+W

(1) The Chief Inspector may impose such conditions as he thinks fit on the registration of a later years provider [F1 in 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 [F2 in 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

F1 Words 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)

F2 Words 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

I1 S. 58 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

59 Regulations governing activities E+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 [F3 or later years childminder agencies] in the exercise of F4 ... functions under this Part.

(5) In particular, it may be so exercised so as to require the Chief Inspector [F5 or later years childminder agencies], in exercising F6 ... 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,

[F7 (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

F3 Words 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)

F4 Word 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)

F5 Words 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)

F6 Word 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)

F7 S. 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

I2 S. 59 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I3 S. 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)