Legalize / United Kingdom / Public General Act

Childcare Act 2006

Type Public General Act

Publication 2006-07-11

Last updated 2024-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — General functions of local authority: England

Improvement of young children's well-being

General duties of local authority in relation to well-being of young children

1

(1) An English local authority must—

(a) improve the well-being of young children in their area, and

(b) reduce inequalities between young children in their area in relation to the matters mentioned in subsection (2).

(2) In this Act “well-being”, in relation to children, means their well-being so far as relating to—

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(d) the contribution made by them to society;

(e) social and economic well-being.

(3) The Secretary of State may, in accordance with regulations, set targets for—

(a) the improvement of the well-being of young children in the area of an English local authority;

(b) the reduction of inequalities between young children in the area of an English local authority in relation to the matters mentioned in subsection (2).

(4) In exercising their functions, an English local authority must act in the manner that is best calculated to secure that any targets set under subsection (3) (so far as relating to the area of the local authority) are met.

(5) In performing their duties under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

Welfare requirements

2

(1) In section 3 “early childhood services”, in relation to an English local authority, means—

(a) early years provision;

(b) the social services functions of the local authority, so far as relating to young children, parents or prospective parents;

(d) the provision, under arrangements made under section 2 of the Employment and Training Act 1973 (c. 50), of assistance to parents or prospective parents;

(e) the service provided by the local authority under section 12 (duty to provide information and assistance) so far as relating to parents or prospective parents.

(2) In this section—

“parent” means a parent of a young child, and includes any individual who—has parental responsibility for a young child, orhas care of a young child;

“prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

Offence of making false or misleading statement

3

(1) For the purpose of their general duty under section 1(1), an English local authority have the further duties imposed by subsections (2) and (3).

(2) The authority must make arrangements to secure that early childhood services in their area are provided in an integrated manner which is calculated to—

(a) facilitate access to those services, and

(b) maximise the benefit of those services to parents, prospective parents and young children.

(3) The authority must take steps—

(a) to identify parents or prospective parents in the authority's area who would otherwise be unlikely to take advantage of early childhood services that may be of benefit to them and their young children, and

(b) to encourage those parents or prospective parents to take advantage of those services.

(4) An English local authority must take all reasonable steps to encourage and facilitate the involvement in the making and implementation of arrangements under this section of—

(a) parents and prospective parents in their area,

(b) early years providers in their area, including those in the private and voluntary sectors, and

(4A) In deciding what arrangements to make under this section, an English local authority must in particular have regard to—

(a) the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and

(b) where in that area those services are provided or are expected to be provided.

(5) In discharging their duties under this section, an English local authority must have regard to such information about the views of young children as is available to the local authority and appears to them to be relevant to the discharge of those duties.

(6) In discharging their duties under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

(7) In this section—

“early years provider” has the same meaning as in Part 3;

“parent” and “prospective parent” have the same meaning as in section 2.

Duty of local authority and relevant partners to work together

4

(1) For the purposes of this section each of the following is a relevant partner of an English local authority—

(za) NHS England;

(a) an integrated care board ... ...for an area any part of which falls within the area of the local authority;3

(b) the Secretary of State, in relation to his functions under section 2 of the Employment and Training Act 1973 (c. 50).

(2) An English local authority must make arrangements to work with each of the authority's relevant partners in the performance by the authority of their duties under sections 1 and 3.

(3) Each of the relevant partners of an English local authority must work with the authority and with the other relevant partners in the making of the arrangements.

(4) An English local authority and each of their relevant partners may for the purposes of arrangements under this section—

(a) provide staff, goods, services, accommodation or other resources;

(b) establish and maintain a pooled fund.

(5) For the purposes of subsection (4) a pooled fund is a fund—

(a) which is made up of contributions by the authority and the relevant partner or partners concerned, and

(b) out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.

(6) An English local authority and each of their relevant partners falling within subsection (1)(a) must, in exercising their functions under this section, have regard to any guidance given from time to time by the Secretary of State.

Power to amend sections 2 and 4

5

The Secretary of State may by order—

(a) amend the definition of “early childhood services” in section 2(1), and

(b) in connection with any amendment of that definition, make such other amendments of section 2 or 4 as appear to him to be necessary or expedient.

Provision of childcare

Duty to secure sufficient childcare for working parents

6

(1) An English local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

(a) to take up, or remain in, work, or

(b) to undertake education or training which could reasonably be expected to assist them to obtain work.

(2) In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

(a) must have regard to the needs of parents in their area for—

(i) the provision of childcare in respect of which the child care element of working tax credit is payable, and

(ia) the provision of childcare in respect of which an amount in respect of childcare costs may be included under section 12 of the Welfare Reform Act 2012 in the calculation of an award of universal credit, and

(ii) the provision of childcare which is suitable for disabled children, and

(b) may have regard to any childcare which they expect to be available outside their area.

(3) In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Secretary of State.

(4) The Secretary of State may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

(5) Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

(6) In this section—

“child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);

“disabled child” means a child who has a disability for the purposes of the Equality Act 2010 ;

“parent” includes any individual who—has parental responsibility for a child, orhas care of a child.

Duty to secure prescribed early years provision free of charge

7

(1) An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who—

(a) is under compulsory school age, and

(b) is of such description as may be prescribed.

(2) Regulations under subsection (1) may in particular include provision about—

(a) how much early years provision is to be made available in pursuance of the duty imposed by subsection (1);

(b) the times at which, and periods over which, early years provision is to be made available in pursuance of that duty.

(3) In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.

Powers of local authority in relation to the provision of childcare

8

(1) An English local authority may—

(a) assist any person who provides or proposes to provide childcare;

(b) make arrangements with any other person for the provision of childcare;

(2) The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

Arrangements between local authority and childcare providers

9

(1) This section applies where an English local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

(2) The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

(3) The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

Charges where local authority provide childcare

10

(1) An English local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.

(2) Subsection (1) does not apply—

(a) to childcare provided in pursuance of the duty imposed by section 7, or

(b) to childcare provided under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need), provision as to charges for such care being made by section 29 of that Act.

Duty to assess childcare provision

11

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Information, advice and assistance

Duty to provide information, advice and assistance

12

(1) An English local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

(2) The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following—

(a) the provision of childcare in the area of the local authority;

(b) any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

(c) any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

(3) In prescribing information for the purpose of subsection (2), the Secretary of State must have regard to the needs of the parents of disabled children or young persons for information relating to—

(a) the provision of childcare which is suitable for disabled children, and

(b) other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

(4) The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

(5) The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.

(6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.

(6A) Regulations may require each English local authority to publish information which is of a prescribed description and relates to any of the matters mentioned in paragraphs (a) to (c) of subsection (2).

(6B) Regulations under subsection (6A) may require information to be published—

(a) at prescribed intervals;

(b) in a prescribed manner.

(6C) Subsection (3) applies in relation to information prescribed under subsection (6A) as it applies in relation to information prescribed under subsection (2).

(7) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.

(8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Equality Act 2010.

(9) In this section—

“parent” means a parent of a child or young person and includes any individual who—has parental responsibility for a child, orhas care of a child;

“prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

“young person” means a person who has attained the age of 18 but has not attained the age of 20.

Duty to provide information, advice and training to childcare providers

13

(1) An English local authority must, in accordance with regulations, secure the provision of information, advice and training to—

(a) persons providing childcare in their area who are registered under Part 3;

(b) persons who intend to provide childcare in their area in respect of which they will be required to be registered under Part 3;

(c) persons who provide childcare at any of the following institutions in their area (whether or not they are required to be registered under Part 3)—

(i) a maintained school,

(ii) a school approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools),

(iii) an independent educational institution or an alternative provision Academy that is not an independent school;

(d) persons who intend to provide childcare at any such institution (whether or not they would be required to be registered under Part 3);

(e) persons who are employed to assist any such persons as are mentioned in paragraph (a) or (c) in the provision of childcare or persons who intend to obtain such employment.

(2) An English local authority may, in addition to securing the provision of information, advice and training which they are required to secure under subsection (1), provide other information, advice and training to any persons mentioned in paragraphs (a) to (e) of that subsection.

(3) An English local authority may provide information, advice and training to persons who do not fall within any of paragraphs (a) to (e) of subsection (1) but who—

(a) provide or intend to provide childcare in their area, or

(b) are employed to assist in the provision of childcare in their area or who intend to obtain such employment.

(4) An English local authority may impose such charges as they consider reasonable for the provision of information, advice or training provided by them in pursuance of subsection (1), (2) or (3).

(5) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

Miscellaneous

Inspection

14

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Powers of Secretary of State to secure proper performance etc.

15

(1) Section 496 of the 1996 Act (powers of Secretary of State to prevent unreasonable exercise of functions) applies in relation to the powers conferred or duties imposed on an English local authority by or under this Part as it applies in relation to the powers conferred or duties imposed on a local authority in England by or under the 1996 Act.

(2) Section 497 of the 1996 Act (general default powers) applies in relation to the duties imposed on an English local authority by or for the purposes of this Part as it applies in relation to the duties imposed on a local authority in England by or for the purposes of the 1996 Act.

(3) Section 497A of the 1996 Act (power to secure proper performance of a local authority’s education functions) applies in relation to an English local authority’s functions under this Part as it applies in relation to the education functions of a local authority in England.

(3A) In subsection (3) “education functions” has the meaning given by section 579(1) of the 1996 Act.

(4) Sections 497AA and 497B of the 1996 Act apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of an English local authority under this Part.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (5) of section 497A of the 1996 Act, the reference to functions to which that section applies includes (for all purposes) functions of an English local authority under this Part.

(6A) If any functions of an English local authority under this Part are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—

(a) a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined authority, and

(b) a reference in those subsections to functions under this Part is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.

(6B) If any functions of an English local authority under this Part are exercisable by a combined county authority by virtue of section 18 of the Levelling-up and Regeneration Act 2023—

(a) a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined county authority, and

(b) a reference in those subsections to functions under this Part is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority.

(7) In this section, “the 1996 Act” means the Education Act 1996 (c. 56).

Amendments of Children Act 2004

16

(1) The Children Act 2004 (c. 31) is amended as follows.

(2) In section 18 (director of children's services), in subsection (2)—

(a) omit the “and” at the end of paragraph (d), and

(b) after paragraph (e) insert

; and (f) the functions conferred on the authority under Part 1 of the Childcare Act 2006.

(3) In section 23 (interpretation), in subsection (3) (which defines “children's services”)—

(a) omit the “and” at the end of paragraph (b), and

(b) after paragraph (c) insert

; and (d) any function conferred on a local authority under Part 1 of the Childcare Act 2006.

Charges for early years provision at maintained school

17

(1) Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.

(2) After subsection (2) insert—

(2A) Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than — (a) early years provision provided in pursuance of the duty imposed by section 7 of that Act, or (b) early years provision for a pupil who is of compulsory school age.

(3) In subsection (4) after paragraph (b) insert

or (c) provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006.

Interpretation

Meaning of childcare

18

(1) This section applies for the purposes of this Part and Part 3.

(2) “Childcare” means any form of care for a child and, subject to subsection (3), care includes—

(a) education for a child, and

(b) any other supervised activity for a child.

(3) “Childcare” does not include—

(a) education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or

(b) any form of health care for a child.

(4) “Childcare” does not include care provided for a child by—

(a) a parent or step-parent of the child;

(b) a person with parental responsibility for the child;

(d) a person who is a local authority foster parent in relation to the child;

(e) a person who is a foster parent with whom the child has been placed by a voluntary organisation;

(f) a person who fosters the child privately.

(5) “Childcare” does not include care provided for a child if the care—

(a) is provided in any of the following establishments as part of the establishment's activities—

(i) a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,

(ii) a care home,

(iii) a hospital in which the child is a patient,

(iv) a residential family centre, and

(b) is so provided by the person carrying on the establishment or a person employed to work at the establishment.

(6) The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.

(7) “Childcare” does not include care provided for a child who is detained in—

(a) a young offender institution, ...

(b) a secure training centre , or

(8) In this section—

(a) ... “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);

(b) “care home”, “children's home” ... and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);

(ba) “hospital” has the meaning given by section 275 of the National Health Service Act 2006.

(c) “relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.

Meaning of “young child”

19

For the purposes of this Part and Part 3, a child is a “young child” during the period—

(a) beginning with his birth, and

(b) ending immediately before the 1st September next following the date on which he attains the age of five.

Meaning of “early years provision”

20

In this Part “early years provision” means the provision of childcare for a young child.

Interpretation of Part 1

21

In this Part—

“childcare” has the meaning given by section 18;

“early years provision” has the meaning given by section 20;

“young child” has the meaning given by section 19.

Part 2 — General Functions of Local Authority: Wales

Provision of childcare

Duty to secure sufficient childcare for working parents

22

(1) A Welsh local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

(a) to take up, or remain in, work, or

(b) to undertake education or training which could reasonably be expected to assist them to obtain work.

(2) In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

(a) must have regard to the needs of parents in their area for—

(i) the provision of childcare in respect of which the child care element of working tax credit is payable,

(ia) the provision of childcare in respect of which an amount in respect of childcare costs may be included under section 12 of the Welfare Reform Act 2012 in the calculation of universal credit,

(ii) the provision of childcare which is suitable for disabled children, and

(iii) the provision of childcare involving the use of the Welsh language, and

(b) may have regard to any childcare which they expect to be available outside their area.

(3) In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Assembly.

(4) The Assembly may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

(5) Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

(6) In this section—

“child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);

“disabled child” means a child who has a disability for the purposes of the Equality Act 2010;

“parent” includes any individual who—has parental responsibility for a child, orhas care of a child.

Powers of local authority in relation to the provision of childcare

23

(1) A Welsh local authority may—

(a) assist any person who provides or proposes to provide childcare;

(b) make arrangements with any other person for the provision of childcare;

(2) The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.

(3) In exercising their functions under this section, a Welsh local authority must have regard to any guidance given from time to time by the Assembly.

Arrangements between local authority and childcare providers

24

(1) This section applies where a Welsh local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

(2) The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

(3) The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

Charges where local authority provide childcare

25

(1) A Welsh local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.

(2) Subsection (1) does not apply to childcare provided under sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children), provision as to charges for such care being made by Part 5 of that Act.

Power to require local authority to assess childcare provision

26

(1) The Assembly may by regulations require a Welsh local authority to—

(a) prepare assessments at prescribed intervals of the sufficiency of the provision of childcare (whether or not by them) in their area;

(b) review any such assessment prepared by them.

(2) Regulations under subsection (1) may make provision for the manner in which an assessment or review is to be prepared and, in particular, may require the local authority to—

(a) consult such persons, or persons of such a description, as may be prescribed, and

(b) have regard to any guidance given from time to time by the Assembly.

(3) Subsection (5) of section 22 applies for the purposes of this section as it applies for the purposes of that section.

Information, advice and assistance

Duty to provide information, advice and assistance

27

(1) A Welsh local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

(2) The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following—

(a) the provision of childcare in the area of the local authority;

(b) any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

(c) any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

(3) In prescribing information for the purpose of subsection (2), the Assembly must have regard to the needs of the parents of disabled children or young persons for information relating to—

(a) the provision of childcare which is suitable for disabled children, and

(b) other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

(4) The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

(5) The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.

(6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.

(7) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Assembly.

(8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Equality Act 2010.

(9) In this section—

“parent” means a parent of a child or young person and includes any individual who—has parental responsibility for a child, orhas care of a child;

“prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

“young person” means a person who has attained the age of 18 but has not attained the age of 20.

Miscellaneous

Inspection

28

For the purposes of section 38 of the Education Act 1997 (c. 44) (inspection of local education authorities), the functions conferred on a Welsh local authority by or under this Part are to be regarded as education functions (as defined in section 579(1) of the Education Act 1996).

Powers of Assembly to secure proper performance etc.

29

(1) Chapter 2 of Part 2 the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to a Welsh local authority and the powers conferred or the duties imposed on it by, under or for the purposes of this Part as it applies in relation to the education functions (as defined by section 579(1) of the Education Act 1996) of such an authority.

(2) In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) functions of a Welsh local authority under this Part.

Interpretation

Interpretation of Part 2

30

In this Part—

“childcare” means—child minding or day care within the meaning of Part 10A of the Children Act 1989 (c. 41) Part 2 of the Children and Families (Wales) Measure 2010 in respect of which the provider is required to be registered under that Part;care provided by a person of a description approved in accordance with a scheme made by the Assembly under section 12(5) of the Tax Credits Act 2002 (c. 21);

“prescribed” means prescribed by regulations made by the Assembly.

Part 3 — Regulation of Provision of Childcare in England

Chapter 1 — General functions of Chief Inspector

General functions of the Chief Inspector

31

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Maintenance of the two childcare registers

32

(1) The Chief Inspector must maintain two registers.

(2) The first register (“the early years register”) is to be a register of —

(a) all persons ... registered as early years childminders or other early years providers by the Chief Inspector for the purposes of Chapter 2 (which provides for the compulsory registration of persons providing early years provision) , and

(b) all persons registered as early years childminder agencies under Chapter 2A (which provides for the compulsory registration of persons with whom early years childminders and certain other early years providers may register for the purposes of Chapter 2).

(3) The second register (“the general childcare register”) is to be divided into two Parts.

(4) The first Part (“Part A”) is to be a register of —

(a) all persons ... registered as later years childminders or other later years providers by the Chief Inspector for the purposes of Chapter 3 (which provides for the compulsory registration of persons providing later years provision for children under the age of eight) , and

(b) all persons registered as later years childminder agencies under Chapter 3A (which provides for the compulsory registration of persons with whom later years childminders and certain other later years providers may register for the purposes of Chapter 3).

(5) The second Part (“Part B”) is to be a register of all persons who are registered as childminders or other childcare providers by the Chief Inspector for the purposes of Chapter 4 (which provides for the voluntary registration of persons providing early years provision or later years provision in respect of which they are not required to be registered under Chapter 2 or 3).

(6) In this section—

(a) a reference to persons registered as early years childminders is to be read as a reference to persons registered as early years childminders with domestic premises and to persons registered as early years childminders without domestic premises collectively;

(b) a reference to persons registered as later years childminders is to be read as a reference to persons registered as later years childminders with domestic premises and to persons registered as later years childminders without domestic premises collectively;

(c) a reference to persons registered as childminders by the Chief Inspector for the purposes of Chapter 4 is to be read as a reference to persons so registered as childminders with domestic premises and to persons so registered as childminders without domestic premises collectively.

Chapter 2 — Regulation of early years provision

Requirements to register

Requirement to register: early years childminders

33

(1) A person may not provide early years childminding in England , where some or all of the childminding is provided on domestic premises, unless he is registered as an early years childminder—.

(a) in the early years register, or

(b) with an early years childminder with domestic premises agency.

(2) The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.

(3) The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a) the person providing the early years childminding;

(b) the child or children for whom it is provided;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(4) If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.

(5) An enforcement notice may be served on a person—

(a) by delivering it to him, or

(b) by sending it by post.

(6) An enforcement notice has effect until it is revoked by the Chief Inspector.

(7) A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Requirement to register: other early years providers

34

(1) A person may not provide early years provision on non-domestic premises in England unless—

(a) the person is registered in the early years register as an early years provider other than a childminder (whether or not the provision is or includes early years childminding), or

(b) the provision is early years childminding, none of which is provided on domestic premises, and the person is registered as an early years childminder without domestic premises—

(i) in the early years register, or

(ii) with an early years childminder agency.

(1ZA) Subsection (1)(a) does not apply to early years provision in respect of which the person providing it is required to be registered under section 33(1) or under subsection (1A).

(1A) A person may not provide early years provision ... in England which would be early years childminding but for section 96(5) , and some or all of which is provided on domestic premises, unless the person is registered as an early years provider other than a childminder—

(a) in the early years register ..., or

(b) with an early years childminder agency ....

(2) Subsections (1) and (1A) do not apply in relation to early years provision for a child or children who has (or have) attained the age of two if—

(a) the provision is made at any of the following institutions as part of the institution's activities—

(i) a maintained school,

(ii) a school approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii) an independent educational institution,

(b) the provision is made by the proprietor of the institution or a person employed to work at the institution, and

(i) the child is a registered pupil at the school, or

(ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

(3) The Secretary of State may by order provide that, in circumstances specified in the order, subsections (1) and (1A) do not apply in relation to early years provision.

(4) The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—

(a) the person providing the early years provision;

(b) the child or children for whom it is provided;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(5) A person commits an offence if, without reasonable excuse, he provides early years provision in contravention of subsection (1) or (1A).

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

Process of registration

Applications for registration: early years childminders

35

(1) A person who proposes to provide early years childminding in respect of which he is required by section 33(1) to be registered may make an application — .

(a) to the Chief Inspector for registration in the early years register as an early years childminder with domestic premises, or

(b) to an early years childminder agency for registration with that agency as an early years childminder with domestic premises.

(2) An application under subsection (1) must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector or (as the case may be) the early years childminder agency reasonably requires the applicant to give, and

(3) The Chief Inspector must grant an application under subsection (1) (a) if—

(a) the applicant is not disqualified from registration by regulations under section 75, and

(b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4) The Chief Inspector must refuse any application under subsection (1) (a) which subsection (3) does not require him to grant.

(4A) An early years childminder agency may grant an application under subsection (1)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(5) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

(aa) prohibiting the applicant from being registered in the early years register as an early years childminder with domestic premises if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder with domestic premises if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;

(b) the premises on which the early years childminding is to be provided;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

Applications for registration: other early years providers

36

(1) A person who proposes to provide ... early years provision in respect of which he is required by section 34(1) to be registered may make an application —

(a) in any case, to the Chief Inspector for registration as an early years provider other than a childminder, or

(b) if the early years provision is early years childminding—

(i) to the Chief Inspector for registration as an early years childminder without domestic premises, or

(ii) to an early years childminder agency for registration with that agency as an early years childminder without domestic premises,

(whether or not an application is also made under paragraph (a)).

(1A) A person who proposes to provide ... early years provision in respect of which the person is required by section 34(1A) to be registered may make an application—

(a) to the Chief Inspector for registration as an early years provider ..., or

(b) to an early years childminder agency for registration with that agency as an early years provider ....

(2) An application under subsection (1) or (1A) must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector or (as the case may be) the early years childminder agency reasonably requires the applicant to give, and

(3) The Chief Inspector must grant an application under subsection (1)(a) or (b)(i) or (1A)(a) if—

(a) the applicant is not disqualified from registration by regulations under section 75, and

(b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4) The Chief Inspector must refuse any application under subsection (1)(a) or (b)(i) or (1A)(a) which subsection (3) does not require him to grant.

(4A) An early years childminder agency may grant an application under subsection (1)(b)(ii) or (1A)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(5) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

(aa) prohibiting the applicant from being registered in the early years register as an early years provider other than a childminder if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with an early years childminder agency as an early years provider other than a childminder if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;

(ac) prohibiting the applicant from being registered in the early years register as an early years childminder without domestic premises if the applicant is registered with a childminder agency;

(ad) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder without domestic premises if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;

(b) the premises on which the early years provision is to be provided;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

Entry on the register and certificates

37

(1) If an application under section 35(1) (a) is granted, the Chief Inspector must—

(a) register the applicant in the early years register as an early years childminder with domestic premises, and

(b) give the applicant a certificate of registration stating that he is so registered.

(2) If an application under section 36(1)(a) or (1A)(a) is granted, the Chief Inspector must—

(a) register the applicant in the early years register as an early years provider other than a childminder (even if, in the case of an application under section 36(1)(a), the early years provision is or includes early years childminding) ..., and

(b) give the applicant a certificate of registration stating that he is so registered.

(2A) If an application under section 36(1)(b)(i) is granted, the Chief Inspector must—

(a) register the applicant in the early years register as an early years childminder without domestic premises, and

(b) give the applicant a certificate of registration stating that the applicant is so registered.

(3) A certificate of registration given to the applicant in pursuance of subsection (1) , (2) or (2A) must contain prescribed information about prescribed matters.

(4) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered early years provider an amended certificate.

(5) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered early years provider a copy, on payment by the provider of any prescribed fee.

Conditions on registration

38

(1) The Chief Inspector may impose such conditions as he thinks fit on the registration of an early years provider in the early years register .

(2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 37 or at any subsequent time.

(3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4) The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.

(5) An early years provider registered in the early years register commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).

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

Requirements to be met by early years providers

The Early Years Foundation Stage

39

(1) For the purpose of promoting the well-being of young children for whom early years provision is provided by early years providers to whom section 40 applies, the Secretary of State must—

(a) by order specify in accordance with section 41 such requirements as he considers appropriate relating to learning by, and the development of, such children (“learning and development requirements”), and

(b) by regulations specify in accordance with section 43 such requirements as he considers appropriate governing the activities of early years providers to whom section 40 applies (“welfare requirements”).

(2) The learning and development requirements and the welfare requirements are together to be known as “the Early Years Foundation Stage”.

Duty to implement Early Years Foundation Stage

40

(1) This section applies to—

(a) early years providers providing early years provision in respect of which they are registered under this Chapter, and

(b) early years providers providing early years provision in respect of which, but for section 34(2) (exemption for provision for children aged 2 or over at certain schools), they would be required to be registered under this Chapter.

(2) An early years provider to whom this section applies—

(a) must secure that the early years provision meets the learning and development requirements, and

(b) must comply with the welfare requirements.

The learning and development requirements

41

(1) The learning and development requirements must cover the areas of learning and development specified in subsection (3).

(2) The learning and development requirements may specify in relation to each of the areas of learning and development—

(a) the knowledge, skills and understanding which young children of different abilities and maturities are expected to have before the 1st September next following the day on which they attain the age of five (“early learning goals”);

(b) the matters, skills and processes which are required to be taught to young children of different abilities and maturities (“educational programmes”), and

(3) The areas of learning and development are as follows—

(a) personal, social and emotional development,

(b) communication, language and literacy,

(d) knowledge and understanding of the world,

(e) physical development, and

(f) creative development.

(4) The Secretary of State may by order amend subsection (3).

(4A) In subsection (2)(c) “ the specified purposes ” means—

(a) the purpose of ascertaining what children have achieved in relation to the early learning goals, and

(b) such other purposes as the Secretary of State may by order specify.

(5) A learning and development order may not require—

(a) the allocation of any particular period or periods of time to the teaching of any educational programme or any matter, skill or process forming part of it, or

(b) the making in the timetables of any early years provider of provision of any particular kind for the periods to be allocated to such teaching.

(6) In this section “a learning and development order” means an order under section 39(1)(a).

Further provisions about assessment arrangements

42

(A1) Before making a learning and development order specifying assessment arrangements the Secretary of State—

(a) must consult the Office of Qualifications and Examinations Regulation, and

(b) may consult such other persons as the Secretary of State considers appropriate.

(1) A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.

(2) Those persons are—

(a) an early years provider,

(b) the governing body or head teacher of a maintained school in England, ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.

(3) A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.

(3A) A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—

(a) must consult the Office of Qualifications and Examinations Regulation, and

(b) may consult such other persons as that person considers appropriate.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—

(a) to enter premises on which the early years provision is provided,

(b) to observe implementation of the arrangements, ...

(6) A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(6A) In this section “ delegated supplementary provisions ” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

(6AA) A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—

(a) must consult the Office of Qualifications and Examinations Regulation, and

(b) may consult such other persons as that person considers appropriate.

(6B) A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(6C) Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.

(7) In this section “a learning and development order” means an order under section 39(1)(a).

Welfare requirements

43

(1) The matters that may be dealt with by welfare regulations include—

(a) the welfare of the children concerned;

(b) the arrangements for safeguarding the children concerned;

(d) qualifications and training;

(e) the suitability of premises and equipment;

(f) the manner in which the early years provision is organised;

(g) procedures for dealing with complaints;

(h) the keeping of records;

(i) the provision of information.

(2) Before making welfare regulations, the Secretary of State must consult the Chief Inspector and any other persons he considers appropriate.

(3) Welfare regulations may provide—

(a) that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and

(b) that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) In this section “welfare regulations” means regulations under section 39(1)(b).

Instruments specifying learning and development or welfare requirements

44

(1) A relevant instrument may, instead of containing the provisions to be made, refer to provisions in a document published by a person, and in the manner, specified in the instrument and direct that those provisions are to have effect or, as the case may be, are to have effect as specified in the instrument.

(2) The power to make a relevant instrument may be exercised so as to confer powers or impose duties on the Chief Inspector or early years childminder agencies in the exercise of ... functions under this Part.

(3) In particular, that power may be exercised so as to require or authorise the Chief Inspector or early years childminder agencies, in exercising those functions, to have regard to factors, standards and other matters prescribed by or referred to in the instrument.

(4) If a relevant instrument requires any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the instrument, the instrument may also provide for any allegation that the person has failed to do so to be taken into account—

(a) by the Chief Inspector in the exercise of his functions under this Part,

(aa) by early years childminder agencies in the exercise of functions under this Part, or

(b) in any proceedings under this Part.

(5) In this section “a relevant instrument” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.

Procedure for making certain orders

45

(1) This section applies where the Secretary of State proposes to make an order under section 39(1)(a) specifying early learning goals or educational programmes.

(2) The Secretary of State must give notice of the proposal—

(a) to such bodies representing the interests of early years providers as the Secretary of State considers appropriate, and

(b) to any other persons with whom consultation appears to the Secretary of State to be desirable,

and must give them a reasonable opportunity of submitting evidence and representations as to the issues arising.

(3) When the Secretary of State has considered any evidence and representations submitted to him in pursuance of subsection (2), he must publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in early years provision—

(a) a draft of the proposed order and any associated document, and

(b) a summary of the views expressed during the consultation.

(4) The Secretary of State must allow a period of not less than one month beginning with the publication of the draft of the proposed order for the submission of any further evidence and representations as to the issues arising.

(5) When the period so allowed has expired, the Secretary of State may make the order, with or without modifications.

Power to enable exemptions to be conferred

46

(1) Regulations may enable the Secretary of State, in prescribed circumstances, to direct in respect of a particular early years provider or a particular description of early years providers, that to such extent as may be prescribed the learning and development requirements—

(a) do not apply, or

(b) apply with such modifications as may be specified in the direction.

(1A) Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.

(1B) If required by the Secretary of State to do so a person designated by the Secretary of State for the purposes of this subsection must keep under review the effect of a direction given under regulations made under subsection (1).

(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1D) A designation under subsection (1B) may make different provision for different purposes.

(2) Regulations may enable an early years provider, in prescribed circumstances, to determine in respect of a particular young child that to such extent as may be prescribed the learning and development requirements—

(a) do not apply, or

(b) apply with such modifications as may be specified in the determination.

Independent schools

47

(1) In section 157 of the Education Act 2002 (c. 32) (independent school standards) after subsection (1) insert—

(1A) In relation to England, the standards do not apply to early years provision for pupils who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006).

(2) For subsection (2) of that section substitute—

(2) In this Chapter “independent school standards” means— (a) the standards for the time being prescribed under this section, and (b) in relation to early years provision in England for pupils who have attained the age of three, the Early Years Foundation Stage.

(3) In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the definition of “Chief Inspector” insert—

“early years provision”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;

Amendments relating to curriculum

48

Schedule 1 (which contains amendments relating to the preceding provisions of this Chapter, including amendments excluding or modifying the application to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32)) has effect.

Inspection

Inspections

49

(1) This section applies to early years provision in respect of which the early years provider is registered in the early years register .

(2) The Chief Inspector—

(a) must at such intervals as may be prescribed inspect early years provision to which this section applies,

(b) must inspect early years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(c) may inspect early years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(3) Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect early years provision at an interval prescribed for the purposes of subsection (2)(a).

(4) Regulations may provide that the Chief Inspector is not required by subsection (2)(a) to inspect early years provision at an independent educational institution or an alternative provision Academy that is not an independent school if the early years provision is inspected in prescribed circumstances by a body approved by the Secretary of State for the purposes of this subsection.

(5) A requirement made by the Secretary of State as mentioned in subsection (2)(b) may be imposed in relation to early years provision at particular premises or a class of premises.

(5A) The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where—

(a) the inspection is conducted at the request of a registered person who provides that early years provision, and

(b) the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.

(6) Regulations may make provision requiring the registered person to notify prescribed persons of the fact that early years provision is to be inspected under this section.

(7) If the Chief Inspector so elects in the case of an inspection falling within paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were an inspection falling within paragraph (a) of that subsection.

Report of inspections

50

(1) After conducting an inspection under section 49, the Chief Inspector must make a report in writing on—

(a) the contribution of the early years provision to the well-being of the children for whom it is provided,

(b) the quality and standards of the early years provision,

(d) the quality of leadership and management in connection with the early years provision.

(2) The Chief Inspector—

(a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b) must ensure that a copy of the report is sent without delay to the registered person, 23

(c) must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and

(d) may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.

(3) Regulations may make provision—

(a) requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;

(b) requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

Interpretation of Chapter 2

51

In this Chapter—

“assessment arrangements” is to be read in accordance with section 41(2)(c);

“early learning goals” is to be read in accordance with section 41(2)(a);

“educational programmes” is to be read in accordance with section 41(2)(b);

“learning and development requirements” means requirements specified by order under section 39(1)(a);

“welfare requirements” means requirements specified by regulations under section 39(1)(b).

Chapter 3 — Regulation of later years provision for children under 8

Requirements to register

Requirement to register: later years childminders for children under eight

52

(1) A person may not provide later years childminding in England for a child who has not attained the age of eight , where some or all of the childminding is provided on domestic premises, unless he is registered as a later years childminder with domestic premises —

(a) in Part A of the general childcare register, or

(b) with a later years childminder agency.

(2) The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to later years childminding.

(3) The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a) the person providing the later years childminding;

(b) the child or children for whom it is provided;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(4) If it appears to the Chief Inspector that a person has provided later years childminding in contravention of subsection (1), the Chief Inspector may serve a notice (“an enforcement notice”) on the person.

(5) An enforcement notice may be served on a person—

(a) by delivering it to him, or

(b) by sending it by post.

(6) An enforcement notice has effect until it is revoked by the Chief Inspector.

(7) A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides later years childminding in contravention of subsection (1).

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Requirement to register: other later years providers for children under eight

53

(1) A person may not provide, for a child who has not attained the age of eight, later years provision on non-domestic premises in England unless—

(a) the person is registered in Part A of the general childcare register as a later years provider other than a childminder (whether or not the provision is or includes later years childminding), or

(b) the provision is later years childminding, none of which is provided on domestic premises, and the person is registered as a later years childminder without domestic premises—

(i) in Part A of the general childcare register, or

(ii) with a later years childminder agency.

(1ZA) Subsection (1)(a) does not apply to later years provision in respect of which the person providing it is required to be registered under section 52(1) or under subsection (1A).

(1A) A person may not provide, for a child who has not attained the age of eight, later years provision ... in England which would be later years childminding but for section 96(9) , and some or all of which is provided on domestic premises, unless the person is registered as a later years provider other than a childminder —

(a) in Part A of the general childcare register ..., or

(b) with a later years childminder agency ....

(2) Subsections (1) and (1A) do not apply in relation to later years provision for a child if—

(a) the provision is made at any of the following institutions as part of the institution's activities—

(i) a maintained school,

(ii) a school approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii) an independent educational institution or an alternative provision Academy that is not an independent school,

(b) the provision is made by the proprietor of the institution or a person employed to work at the institution, and

(i) the child is a registered pupil at the school, or

(ii) if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

(3) The Secretary of State may by order provide that, in circumstances specified in the order, subsections (1) and (1A) do not apply in relation to later years provision.

(4) The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—

(a) the person providing the later years provision;

(b) the child or children for whom it is provided;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(5) A person commits an offence if, without reasonable excuse, he provides later years provision in contravention of subsection (1) or (1A).

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

Process of registration

Applications for registration: later years childminders

54

(1) A person who proposes to provide later years childminding in respect of which he is required by section 52(1) to be registered may make an application — .

(a) to the Chief Inspector for registration in Part A of the general childcare register as a later years childminder with domestic premises, or

(b) to a later years childminder agency for registration with that agency as a later years childminder with domestic premises.

(2) An application under subsection (1) must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and

(3) The Chief Inspector must grant an application under subsection (1) (a) if—

(a) the applicant is not disqualified from registration by regulations under section 75, and

(b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4) The Chief Inspector must refuse any application under subsection (1) (a) which subsection (3) does not require him to grant.

(4A) A later years childminder agency may grant an application under subsection (1)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(5) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

(aa) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder with domestic premises if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder with domestic premises if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;

(b) the premises on which the later years childminding is to be provided;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

Applications for registration: other later years providers

55

(1) A person who proposes to provide ... later years provision in respect of which he is required by section 53(1) to be registered may make an application to the Chief —

(a) in any case, to the Chief Inspector for registration as a later years provider other than a childminder, or

(b) if the later years provision is later years childminding—

(i) to the Chief Inspector for registration as a later years childminder without domestic premises, or

(ii) to a later years childminder agency for registration with that agency as a later years childminder without domestic premises,

(whether or not an application is also made under paragraph (a)).

(1A) A person who proposes to provide ... later years provision in respect of which the person is required by section 53(1A) to be registered may make an application—

(a) to the Chief Inspector for registration as a later years provider ..., or

(b) to a later years childminder agency for registration with that agency as a later years provider ....

(2) An application under subsection (1) or (1A) must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector or (as the case may be) the later years childminder agency reasonably requires the applicant to give, and

(3) The Chief Inspector must grant an application under subsection (1)(a) or (b)(i) or (1A)(a) if—

(a) the applicant is not disqualified from registration by regulations under section 75, and

(b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4) The Chief Inspector must refuse any application under subsection (1)(a) or (b)(i) or (1A)(a) which subsection (3) does not require him to grant.

(4A) A later years childminder agency may grant an application under subsection (1)(b)(ii) or (1A)(b) only if—

(a) the applicant is not disqualified from registration by regulations under section 75,

(b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(5) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

(aa) prohibiting the applicant from being registered in Part A of the general childcare register as a later years provider other than a childminder if the applicant is registered with a childminder agency;

(ab) prohibiting the applicant from being registered with a later years childminder agency as a later years provider other than a childminder if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;

(ac) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder without domestic premises if the applicant is registered with a childminder agency;

(ad) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder without domestic premises if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare register;

(b) the premises on which the later years provision is to be provided;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

Entry on the register and certificates

56

(1) If an application under section 54(1) (a) is granted, the Chief Inspector must—

(a) register the applicant in Part A of the general childcare register as a later years childminder with domestic premises, and

(b) give the applicant a certificate of registration stating that he is so registered.

(2) If an application under section 55(1)(a) or (1A)(a) is granted, the Chief Inspector must—

(a) register the applicant in Part A of the general childcare register as a later years provider other than a childminder (even if, in the case of an application under section 55(1)(a), the later years provision is or includes later years childminding) ..., and

(b) give the applicant a certificate of registration stating that he is so registered.

(2A) If an application under section 55(1)(b)(i) is granted, the Chief Inspector must—

(a) register the applicant in Part A of the general childcare register as a later years childminder without domestic premises, and

(b) give the applicant a certificate of registration stating that the applicant is so registered.

(3) A certificate of registration given to the applicant in pursuance of subsection (1) , (2) or (2A) must contain prescribed information about prescribed matters.

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