The Childcare (Exemptions from Registration) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies circumstances in which the provision of childcare does not attract the requirement for registration in the early years register or Part A of the general childcare register.

Section 32 of the Childcare Act 2006 (“the Act”) imposes the requirement for the Chief Inspector to maintain two registers: the early years register, and the general childcare register which is divided into two parts, Part A and Part B. Sections 33(1) (requirement to register: early years childminders), 34(1) (requirement to register: other early years providers), 52(1) (requirement to register: later years childminders for children under eight) and 53(1) (requirement to register: other later years providers for children under eight) require persons providing the childcare concerned to register in the relevant register.

Article 2 states which of the legal requirements to register do not apply in relation to the circumstances that are specified in articles 3 to 9.

Articles 3 to 9 specify the circumstances where childcare provision is to be exempt.

Article 3 exempts childminding where it is provided by the childminder for the children of a limited number of parents wholly or mainly in their homes, for a particular child for two hours or less per day, or where it is provided only between 6pm and 2am.

Article 4 exempts childcare provision in hotels, guesthouses or similar establishments for children who are staying there, where the person providing it does so only between 6pm and 2am and for a limited number of clients (as defined in article 1).

Article 5 exempts childcare provision for children on a temporary basis in specified circumstances.

Article 6 specifies childcare provision where the person providing it does so incidentally to providing other activity for children aged three or older.

Article 7 exempts “open access childcare” as defined in that article.

Article 8 exempts childcare provision where the person providing it does so incidentally to the provision of education to a child under a “home education arrangement” (defined in that article).

Article 9 specifies childcare provision at a “relevant school” (defined in that article) as part of the school’s activities, where it is made by the proprietor or employees of the school, for registered pupils who are not yet three years old but will turn three by the end of their first term at the school.

An impact assessment has been prepared for this Order. It is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website http://www.opsi.gov.uk.