Childcare Act 2006

63 Applications for registration on the general register: other childcare providers E+W

[F1 (A1) Subsection (1) applies to a person who provides or proposes to provide on premises in England—

(a) later years provision for a child who has attained the age of eight, or

(b) early years provision or later years provision for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,

except where it is provision in respect of which an application for registration may be made under section 62.

(1) The person may make an application to the Chief Inspector—

(a) in any case, for registration in Part B of the general childcare register as a provider of childcare other than a childminder, or

(b) where the provision is early years childminding or later years childminding, for registration in Part B of the general childcare register as a childminder without domestic premises (whether or not an application is also made under paragraph (a)).]

(2) An application under subsection (1) must—

(a) give any prescribed information about prescribed matters;

(b) give any other information which the Chief Inspector reasonably requires the applicant to give;

(c) be accompanied by any prescribed fee.

(3) An application under subsection (1) may not be made in respect of provision for a child who has attained the age of [F2 two ] if—

(a) the provision is made at any of the following [F3 institutions] as part of the [F3 institution's] activities—

(i) a maintained school,

(ii) a school [F4 approved ] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii) [F5 an independent educational institution][F6 or an alternative provision Academy that is not an independent school],

(b) the provision is made by the proprietor of the [F7 institution] or a person employed to work at the [F7 institution], and

[F8 (c) 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.]

(4) The Chief Inspector must grant an application under subsection (1) 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.

(5) The Chief Inspector must refuse any application under subsection (1) which subsection (4) does not require him to grant.

(6) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

(b) the premises on which the childcare is being (or is to be) provided;

(c) the arrangements for childcare 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.

Textual Amendments

F1 S. 63(A1)(1) substituted for s. 63(1) (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 18 (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F2 Word in s. 63(3) substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 75(3)(a), 164(3)(e)

F3 Word in s. 63(3)(a) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 35(2)(a); S.I. 2014/3364, art. 2(z)

F4 Word in s. 63(3)(a)(ii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 35(2)(b); S.I. 2014/3364, art. 2(z)

F5 Words in s. 63(3)(a)(iii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 35(2)(c); S.I. 2014/3364, art. 2(z)

F6 Words in s. 63(3)(a)(iii) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 20 (with art. 3)

F7 Word in s. 63(3)(b) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 35(3); S.I. 2014/3364, art. 2(z)

F8 S. 63(3)(c) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 35(4); S.I. 2014/3364, art. 2(z)

Commencement Information

I1 S. 63 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I2 S. 63(1)(a)(2)-(6) in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4 (with art. 6, Sch. para. 3)