Part 3Regulation of Provision of Childcare in England

Chapter 5Common provisions

Cancellation of registration etc.

69Suspension of registration F1in a childcare register: early years and later years providers

(1)

Regulations may provide for the registration of a person registered under Chapter 2, 3 or 4 F2in the early years register or the general childcare register to be suspended for a prescribed period in prescribed circumstances.

F3(1A)

Regulations under subsection (1) may in particular provide that registration may be suspended generally or only in relation to particular premises.

(2)

Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.

(3)

A person registered F4under Chapter 2 in the early years register as an early years childminder F5with or without domestic premises F6

(a)

may not provide early years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide early years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(4)

A person registered F7under Chapter 3 in Part A of the general childcare register as a later years childminder F8with or without domestic premises F9

(a)

may not provide later years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide later years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(5)

Subsection (3) or (4) does not apply in relation to early years childminding or (as the case may be) later years childminding which the person may provide without being registered under Chapter 2 or 3.

(6)

A person registered F10under Chapter 2 in the early years register as an early years provider (other than an early years childminder) F11

(a)

may not provide early years provision at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide early years provision on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(7)

A person registered F12 under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) F13

(a)

may not provide later years provision, for a child who has not attained the age of 8, at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide later years provision, for a child who has not attained the age of 8, on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(8)

Subsection (6) or (7) does not apply in relation to early years provision or (as the case may be) later years provision which the person may provide without being registered under Chapter 2 or 3.

(9)

A person commits an offence if, without reasonable excuse, he contravenes subsection (3), (4), (6) or (7).

(10)

A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)

In this Part, “the Tribunal” means the F14First-tier Tribunal.