EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision about the cancellation, termination and suspension of the registration of providers of childcare who are registered with an early or later years childminder agency for the purposes of Part 3 of the Childcare Act 2006 (“the Act”). They also make provision about the effect of the cancellation of a childminder agency’s registration on providers who are registered with that agency.
Regulation 3 sets out the circumstances in which a childminder agency must cancel a provider’s registration. A childminder agency may cancel a provider’s registration in any other circumstances but, in all cases, must follow the procedure outlined in regulation 4.
Regulation 5 sets out the procedure to be followed by a childminder agency where a registered provider gives notice that he or she wishes to terminate his or her registration. The agency is generally required to remove the provider from the relevant register which it maintains under Chapter 2, 3 or 4 of Part 3 of the Act. However, the agency must not do so where it has already given notice of its intention to cancel the provider’s registration and has not, since issuing that notice, decided against that step. These restrictions on removal do not apply to providers who wish to terminate their registration under Chapter 4 of Part 3 of the Act (which provides for a process of voluntarily registration for persons who are otherwise exempt).
Regulation 6 sets out the grounds on which a childminder agency may suspend a provider’s registration. Regulations 7 and 8 make further provision about periods of suspension and the lifting of suspension. The effect of suspension of registration is set out in Regulation 10; a provider whose registration is suspended must not provide childcare provision in respect of which the requirement to register arises under Part 3 of the Act. A failure to comply constitutes an offence as set out in Regulation 11. Regulation 9 confers a right of appeal against suspension of registration to the First-tier Tribunal.
Regulations 13 and 14 make provision about the effect of cancellation of a childminder agency’s registration on providers registered with that agency. Providers who are still registered with the agency at the time when cancellation takes effect are deemed registered in the relevant register maintained by the Chief Inspector. That is the case unless the provider has indicated to the Chief Inspector that they do not wish to be registered in the early years register or the general childcare register, or both (as the case may be), or the provider is disqualified. In those circumstances, the provider will no longer be registered for the purposes of Part 3 of the Act.
An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.