Part 3

Regulation of Provision of Childcare in England
Chapter 3

Regulation of later years provision for children under 8

Requirements to register

Requirement to register: other later years providers for children under eight
53
1
A person may not provide, for a child who has not attained the age of eight, later years provision on non-domestic premises in England unless—
a
the person is registered in Part A of the general childcare register as a later years provider other than a childminder (whether or not the provision is or includes later years childminding), or
b
the provision is later years childminding, none of which is provided on domestic premises, and the person is registered as a later years childminder without domestic premises—
i
in Part A of the general childcare register, or
ii
with a later years childminder agency.
1ZA
Subsection
(1)
(a)
does not apply to later years provision in respect of which the person providing it is required to be registered under section 52(1) or under subsection (1A).
1A
A person may not provide, for a child who has not attained the age of eight, later years provision
... in England which would be later years childminding but for section 96(9)
, and some or all of which is provided on domestic premises,
unless the person is registered
as a later years provider other than a childminder
—
a
in Part A of the general childcare register
..., or
b
with a later years childminder agency ....
2
Subsections (1) and (1A) do not apply in relation to later years provision for a child if—
a
the provision is made at any of the following institutions as part of the institution's activities—
i
a maintained school,
ii
a school approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
iii
an independent educational institution
or an alternative provision Academy that is not an independent school
,
b
the provision is made by the proprietor of the institution or a person employed to work at the institution, and
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.
3
The Secretary of State may by order provide that, in circumstances specified in the order, subsections (1) and (1A) do not apply in relation to later years provision.
4
The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—
a
the person providing the later years provision;
b
the child or children for whom it is provided;
c
the nature of the later years provision;
d
the premises on which it is provided;
e
the times during which it is provided;
f
the arrangements under which it is provided.
5
A person commits an offence if, without reasonable excuse, he provides later years provision in contravention of subsection (1) or (1A).
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.
Words in s. 53(2)(a)(iii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(2)(c); S.I. 2014/3364, art. 2(z)
Words in s. 53(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. 16(5); S.I. 2014/889, arts. 3(m), 7(e)
S. 53(1)(1ZA) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 10(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
S. 53 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)
S. 53(1)(1A) substituted for s. 53(1) (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. 16(2); S.I. 2014/889, arts. 3(m), 7(e)
Word in s. 53(2)(b) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(3); S.I. 2014/3364, art. 2(z)
S. 53(1) excluded (E.W.) (1.9.2008) by Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979), arts. 1(1), 2(4), arts. 4-8
Words in s. 53(1A) inserted (1.11.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 10(3)(a) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
Words in s. 53(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. 6(b); S.I. 2015/1329, reg. 6(b)
Words in s. 53(1A) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 76(7)(b), 164(1); S.I. 2015/1329, reg. 6(a)
Words in s. 53(2) 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. 16(3); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 53(3) 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. 16(4); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 53(1A) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 10(3)(b) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
S. 53 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)
S. 53(1) excluded (1.11.2024) by S.I. 2008/979, art. 2(3A) (as inserted by The Levelling Up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 6(2)(d))
Words in s. 53(2)(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. 19 (with art. 3)
Word in s. 53(2)(a)(ii) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(2)(b); S.I. 2014/3364, art. 2(z)
Word in s. 53(2)(a) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(2)(a); S.I. 2014/3364, art. 2(z)
S. 53(2)(c) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 34(4); S.I. 2014/3364, art. 2(z)