The Childcare Act 2006 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008

Child minders registered under Part 10A of the 1989 Act

1.—(1) Subject to paragraphs 2 and 3, this paragraph applies in respect of a person who, immediately before the transfer date, is registered as a child minder by the Chief Inspector(1) under section 79F(1) (grant or refusal of registration) of the 1989 Act.

(2) On the transfer date, the Chief Inspector must register the person as a childminder under section 64(1)(2) (entry on the register and certificates) of the 2006 Act.

(3) On the transfer date, the Chief Inspector must register the person as an early years childminder under section 37(1)(3) of the 2006 Act if immediately before that date the person is authorised(4) to provide child minding for children aged five and under.

(4) On the transfer date, the Chief Inspector must register the person as a later years childminder under section 56(1)(5) of the 2006 Act if immediately before that date the person is authorised to provide child minding for children aged six and over.

(5) Subject to paragraph 24, this paragraph applies even though immediately before the transfer date the person’s registration is suspended by the Chief Inspector under regulation 3 of the Suspension Regulations.

(1)

For the definition of “the Chief Inspector”, see section 98(1) of the 2006 Act, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006.

(2)

Section 64(1) of the 2006 Act requires the Chief Inspector to register an applicant in Part B of the general childcare register as a childminder, if the person’s application for registration under section 62(1) is granted. The Chief Inspector has a duty to maintain Part B of the general childcare register under section 32 of the 2006 Act.

(3)

Section 37(1) of the 2006 Act requires the Chief Inspector to register an applicant in the early years register, as an early years childminder, if the person’s application for registration under section 35(1) is granted. The Chief Inspector has a duty to maintain the early years register under section 32 of the 2006 Act.

(4)

On granting an application for registration under section 79E of the Children Act 1989 (“the 1989 Act”), the Chief Inspector may impose conditions. A condition may have the effect of authorising a person to provide day care or, as the case may be, child minding, by reference to the age of the children for whom care is provided.

(5)

Section 56(1) of the 2006 Act requires the Chief Inspector to register an applicant in Part A of the general childcare register as a later years childminder, if the person’s application under section 54(1) is granted. The Chief Inspector has a duty to maintain Part A of the general childcare register under section 32 of the 2006 Act.