Part 3

Regulation of Provision of Childcare in England
Chapter 5

Common provisions

Cancellation of registration etc.

Cancellation of registration in a childcare register: early years and later years providers
68
1
The Chief Inspector must cancel the registration of a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register if it appears to him that the person has become disqualified from registration by regulations under section 75.
2
The Chief Inspector may cancel the registration of a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register if it appears to him—
a
that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,
b
that the person has failed to comply with a condition imposed on his registration under that Chapter,
c
that he has failed to comply with a requirement imposed on him by regulations under that Chapter,
d
in the case of a person registered under Chapter 2 in the early years register, that he has failed to comply with section 40(2)(a), or
e
in any case, that he has failed to pay a prescribed fee.
3
The Chief Inspector may cancel the registration of a person registered under Chapter 2 in the early years register —
a
as an early years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on domestic premises in England for a period of more than three years during which the person was registered;
b
as an early years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.
4
The Chief Inspector may cancel the registration of a person registered under Chapter 3 in Part A of the general childcare register —
a
as a later years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on domestic premises in England for a period of more than three years during which the person was registered;
b
as a later years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.
5
The Chief Inspector may cancel the registration of a person registered under Chapter 4 in Part B of the general childcare register —
a
as a childminder with domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on domestic premises in England for a period of more than three years during which the person was registered;
b
as a childminder without domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.
6
Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register, his registration may not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—
a
the time set for complying with the requirements has not expired, and
b
it is shown that the defect or insufficiency is due to the changes or additions not having been made.
S. 68(3)(a)(b) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 22(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
Words in s. 68(5) 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. 33(6); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 68(2)(d) 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. 33(3)(b); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 68(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. 33(3)(a); S.I. 2014/889, arts. 3(m), 7(e)
S. 68 in force at 6.4.2007 by S.I. 2007/1019, art. 4
Words in s. 68(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. 33(4); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 68(6) 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. 33(7); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 68 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. 33(8); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 68(4) 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. 33(5); S.I. 2014/889, arts. 3(m), 7(e)
Words in s. 68(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. 33(2); S.I. 2014/889, arts. 3(m), 7(e)
S. 68(5)(a)(b) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 22(4) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
S. 68(4)(a)(b) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 22(3) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)