The Childcare (Early Years Register) Regulations 2008

PART 1 Prescribed requirements for registration

Requirements relating to the applicant

1.  The applicant is suitable to provide early years provision.

2.  Where the applicant is an individual, the applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspector.

3.  The applicant will secure that the proposed early years provision meets the EYFS learning and development requirements.

4.  The applicant will comply with the EYFS welfare requirements.

5.  The applicant has carried out an assessment to identify any risks to the health or safety of children for whom early years provision is to be provided, arising from—

(a) the relevant premises (including the means of access to and exit from those premises),

(b) any equipment there, and

(c) the activities to be provided there.

Requirements relating to the manager

6.  The applicant has appointed an individual to manage the early years provision (“the manager”).

7.  The manager is suitable to care for young children.

8.  An application for an enhanced criminal record certificate in respect of the manager (if not the applicant) is provided to the Chief Inspector.

Requirements relating to the nominated individual and other persons

9.  Where the applicant is a partnership, body corporate or unincorporated association, the applicant has nominated an individual who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant (“the nominated individual”) to—

(a) be responsible for dealing with matters relating to the applicant’s application for registration, and subsequent registration, in the early years register, and

(b) oversee (either alone or jointly with others) the management of the early years provision.

10.  The nominated individual is suitable to be in regular contact with young children.

11.  An application for an enhanced criminal record certificate in respect of the nominated individual (if not the manager) is provided to the Chief Inspector.

12.  Where the applicant is a partnership, body corporate or unincorporated association whose sole or main purpose is the provision of childcare—

(a) every person (apart from the nominated individual) who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant is suitable to be in regular contact with young children, and

(b) an application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (a).

Requirement for first aid qualification

13.  At least one person who is to care for children for whom the early years provision is to be provided has an appropriate first aid qualification.

Additional requirements for certain early years provision on domestic premises

14.—(1) This paragraph applies in the case of early years provision on domestic premises which is not early years childminding by virtue of section 96(5) of the Act(1) where the applicant for registration is an individual.

(2) Every person (other than the applicant and the manager) who is to care for children for whom the early years provision is provided is suitable to care for young children.

(3) An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (2).

(4) Every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who—

(a) lives on the relevant premises, or

(b) works on the relevant premises,

is suitable to be in regular contact with young children.

(5) For the purposes of sub-paragraph (4)(b)—

(a) a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b) a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years provision is not provided.

(6) An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (4).

(1)

Section 96(5) of the Children Act 2006 provides that early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three.