Childcare Act 2006 (c. 21)

Part 3 E+W Regulation of Provision of Childcare in England

Chapter 3 E+W Regulation of later years provision for children under 8

Process of registration E+W

54 Applications for registration: later years childminders E+W

(1) A person who proposes to provide later years childminding in respect of which he is required by section 52(1) to be registered may make an application [F1 — .

(a) to the Chief Inspector for registration as a later years childminder in Part A of the general childcare register, or

(b) to a later years childminder agency for registration with that agency as a later years childminder.]

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

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector [F2 or (as the case may be) the later years childminder agency] reasonably requires the applicant to give, and

(c) [F3 if it is an application to the Chief Inspector,] be accompanied by any prescribed fee.

(3) The Chief Inspector must grant an application under subsection (1) [F4 (a)] 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.

(4) The Chief Inspector must refuse any application under subsection (1) [F5 (a)] which subsection (3) does not require him to grant.

[F6 (4A) A later years childminder agency may grant an application under subsection (1)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.]

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

(a) the applicant;

[F7 (aa) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;]

(b) the premises on which the later years childminding is to be provided;

(c) the arrangements for later years childminding 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 Words in s. 54(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. 17(2); S.I. 2014/889, arts. 3(m), 7(e)

F2 Words in s. 54(2)(b) 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. 17(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F3 Words in s. 54(2)(c) 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. 17(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F4 Word in s. 54(3) 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. 17(4); S.I. 2014/889, arts. 3(m), 7(e)

F5 Word in s. 54(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. 17(4); S.I. 2014/889, arts. 3(m), 7(e)

F6 S. 54(4A) 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. 17(5); S.I. 2014/889, arts. 3(m), 7(e)

F7 S. 54(5)(aa)(ab) 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. 17(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I1 S. 54 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I2 S. 54 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)

55 Applications for registration: other later years providers E+W

(1) A person who proposes to provide F8 ... later years provision in respect of which he is required by section 53(1) to be registered may make an application to the Chief Inspector for registration as a later years provider F8 ....

[F9 (1A) A person who proposes to provide F10 ... later years provision in respect of which the person is required by section 53(1A) to be registered may make an application—

(a) to the Chief Inspector for registration as a later years provider F11 ..., or

(b) to a later years childminder agency for registration with that agency as a later years provider F11 ....]

(2) An application under subsection (1) [F12 or (1A)] must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector [F13 or (as the case may be) the later years childminder agency ] reasonably requires the applicant to give, and

(c) [F14 if it is an application to the Chief Inspector, ] be accompanied by any prescribed fee.

(3) The Chief Inspector must grant an application under subsection (1) [F15 or (1A)(a)] 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.

(4) The Chief Inspector must refuse any application under subsection (1) [F16 or (1A)(a)] which subsection (3) does not require him to grant.

[F17 (4A) A later years childminder agency may grant an application under subsection (1A)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.]

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

(a) the applicant;

[F18 (aa) prohibiting the applicant from being registered in Part A of the general childcare register as a later years provider other than a childminder if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with a later years childminder agency as a later years provider other than a childminder if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;]

(b) the premises on which the later years provision is to be provided;

(c) the arrangements for later years provision 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

F8 Words in s. 55(1) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 7(a); S.I. 2015/1329, reg. 6(b)

F9 S. 55(1A) 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. 18(2); S.I. 2014/889, arts. 3(m), 7(e)

F10 Words in s. 55(1A) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 7(b); S.I. 2015/1329, reg. 6(b)

F11 Words in s. 55(1A)(a)(b) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 7(c); S.I. 2015/1329, reg. 6(b)

F12 Words in s. 55(2) 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. 18(3)(a); S.I. 2014/889, arts. 3(m), 7(e)

F13 Words in s. 55(2)(b) 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. 18(3)(b); S.I. 2014/889, arts. 3(m), 7(e)

F14 Words in s. 55(2)(c) 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. 18(3)(c); S.I. 2014/889, arts. 3(m), 7(e)

F15 Words in s. 55(3) 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. 18(4); S.I. 2014/889, arts. 3(m), 7(e)

F16 Words in s. 55(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. 18(4); S.I. 2014/889, arts. 3(m), 7(e)

F17 S. 55(4A) 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. 18(5); S.I. 2014/889, arts. 3(m), 7(e)

F18 S. 55(5)(aa)(ab) 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. 18(6); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I3 S. 55 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I4 S. 55 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)

56 Entry on the register and certificates E+W

(1) If an application under section 54(1) [F19 (a)] is granted, the Chief Inspector must—

(a) register the applicant in Part A of the general childcare register as a later years childminder, and

(b) give the applicant a certificate of registration stating that he is so registered.

(2) If an application under section 55(1) [F20 or (1A)(a)] is granted, the Chief Inspector must—

(a) register the applicant in Part A of the general childcare register as a later years provider other than a childminder F21 ..., and

(b) give the applicant a certificate of registration stating that he is so registered.

(3) A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered later years provider an amended certificate.

(5) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered later years provider a copy, on payment by the provider of any prescribed fee.

Textual Amendments

F19 Word in s. 56(1) 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. 19(2); S.I. 2014/889, arts. 3(m), 7(e)

F20 Words in s. 56(2) 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. 19(3); S.I. 2014/889, arts. 3(m), 7(e)

F21 Words in s. 56(2)(a) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 8; S.I. 2015/1329, reg. 6(b)

Commencement Information

I5 S. 56 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

I6 S. 56 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)

[F22 56A Later years childminder agencies: registers and certificates E+W

(1) If an application under section 54(1)(b) is granted, the later years childminder agency must—

(a) register the applicant in the register maintained by the agency as a later years childminder, and

(b) give the applicant a certificate of registration stating that he or she is so registered.

(2) If an application under section 55(1A)(b) is granted, the later years childminder agency must—

(a) register the applicant in the register maintained by the agency as a later years provider other than a childminder F23 ..., and

(b) give the applicant a certificate of registration stating that he or she is so registered.

(3) A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4) If there is a change of circumstances which requires the amendment of a certificate of registration, the later years childminder agency must give the registered later years provider an amended certificate.]

Textual Amendments

F22 S. 56A 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. 20; S.I. 2014/889, arts. 3(m), 7(e)

F23 Words in s. 56A(2)(a) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 9; S.I. 2015/1329, reg. 6(b)

F24 57 Special procedure for providers registered in the early years register E+W

(1) If a person who is registered in the early years register as an early years childminder gives notice to the Chief Inspector that he proposes to provide later years childminding in respect of which he is required to be registered under this Chapter, the Chief Inspector must—

(a) register the person in Part A of the general childcare register as a later years childminder, and

(b) give the person a certificate of registration stating that he is so registered.

(2) If a person who is registered in the early years register F25 ... as an early years provider other than a childminder gives notice to the Chief Inspector that he proposes to provide later years provision in respect of which he is required to be registered under this Chapter F25 ..., the Chief Inspector must—

(a) register the person in Part A of the general childcare register as a later years provider other than a childminder F25 ..., and

(b) give the person a certificate of registration stating that he is so registered.

(3) Subsections (3) to (5) of section 56 apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

Textual Amendments

F24 Words in s. 57 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. 21; S.I. 2014/889, arts. 3(m), 7(e)

F25 Words in s. 57(2) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 10; S.I. 2015/1329, reg. 6(b)

Commencement Information

I7 S. 57 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[F26 57A Special procedure for providers registered with early years childminder agencies E+W

(1) Subsection (2) applies where—

(a) a person is registered with an early years childminder agency as an early years childminder, and

(b) that agency is also a later years childminder agency.

(2) If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must—

(a) register the person in the register maintained by the agency as a later years childminder, and

(b) give the person a certificate of registration stating that he or she is so registered.

(3) Subsection (4) applies where—

(a) a person is registered with an early years childminder agency F27 ... as an early years provider other than a childminder, and

(b) that agency is also a later years childminder agency.

(4) If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter F28 ..., the agency must—

(a) register the person in the register maintained by the agency as a later years provider other than a childminder F28 ..., and

(b) give the person a certificate of registration stating that he or she is so registered.

(5) Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.]

Textual Amendments

F26 S. 57A 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. 22; S.I. 2014/889, arts. 3(m), 7(e)

F27 Words in s. 57A(3) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 11(a); S.I. 2015/1329, reg. 6(b)

F28 Words in s. 57A(4) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 11(b); S.I. 2015/1329, reg. 6(b)