Part 3

Regulation of Provision of Childcare in England
Chapter 2

Regulation of early years provision

Requirements to register

Requirement to register: early years childminders
33
1
A person may not provide early years childminding in England unless he is registered in the early years register as an early years childminder.
2
The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.
3
The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—
a
the person providing the early years childminding;
b
the child or children for whom it is provided;
c
the nature of the early years childminding;
d
the premises on which it is provided;
e
the times during which it is provided;
f
the arrangements under which it is provided.
4
If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.
5
An enforcement notice may be served on a person—
a
by delivering it to him, or
b
by sending it by post.
6
An enforcement notice has effect until it is revoked by the Chief Inspector.
7
A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).
8
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.