Part 3

Regulation of Provision of Childcare in England
Chapter 3

Regulation of later years provision for children under 8

Regulation

Regulations governing activities
59
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 or later years childminder agencies in the exercise of ... functions under this Part.
5
In particular, it may be so exercised so as to require the Chief Inspector or later years childminder agencies, in exercising ... 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,
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.
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)
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)
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)
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)
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)
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)
S. 59 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)