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

(4) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered later 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 later years provider a copy, on payment by the provider of any prescribed fee.

Special procedure for registered early years providers

57

(1) If a person who is registered in the early years register as an early years childminder with or without domestic premises gives notice to the Chief Inspector that he proposes to provide later years childminding in respect of which he is required to be registered under this Chapter, the Chief Inspector must—

(a) register the person in Part A of the general childcare register —

(i) in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises;

(ii) otherwise, as a later years childminder without domestic premises, and

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

(2) If a person who is registered in the early years register ... as an early years provider other than a childminder gives notice to the Chief Inspector that he proposes to provide later years provision in respect of which he is required to be registered under this Chapter ..., the Chief Inspector must—

(a) register the person in Part A of the general childcare register as a later years provider other than a childminder ..., and

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

(3) Subsections (3) to (5) of section 56 apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

Regulation

Conditions on registration

58

(1) The Chief Inspector may impose such conditions as he thinks fit on the registration of a later years provider in Part A of the general childcare 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 56 or 57 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 regulations under section 59.

(5) A later years provider registered in Part A of the general childcare 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.

Regulations governing activities

59

(1) This section applies to—

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

(b) later years providers providing later years provision in respect of which, but for section 53(2) (exemption for provision for children at certain schools), they would be required to be registered under this Chapter.

(2) The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of later years providers to whom this section applies.

(3) The regulations may deal with the following matters (among others)—

(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 later years provision is organised;

(g) procedures for dealing with complaints;

(h) the keeping of records;

(i) the provision of information.

(4) The power to make regulations under this section may be exercised so as confer powers or impose duties on the Chief Inspector or later years childminder agencies in the exercise of ... functions under this Part.

(5) In particular, it may be so exercised so as to require the Chief Inspector or later years childminder agencies, in exercising ... functions under this Part, to have regard to factors, standards and other matters prescribed by or referred to in the regulations.

(6) If the regulations require any person (other than the Chief Inspector) to have regard to or to meet factors, standards and other matters prescribed by or referred to in the regulations, they 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 later years childminder agencies in the exercise of functions under this Part, or

(b) in any proceedings under this Part.

(7) The 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.

Inspection

Inspections

60

(1) This section applies to later years provision in respect of which the provider is registered in Part A of the general childcare register.

(2) The Chief Inspector—

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

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

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

Report of inspections

61

(1) After conducting an inspection under section 60, the Chief Inspector may make a report in writing on such of the following matters as he considers appropriate—

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

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

(d) the quality of leadership and management in connection with the later 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,

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 — Voluntary registration

Process of voluntary registration

Applications for registration on the general register: childminders

62

(1) A person who provides or proposes to provide in England—

(a) later years childminding for a child who has attained the age of eight, or

(b) early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,

where some or all of the childminding is (or is to be) provided on domestic premises, may make an application to the Chief Inspector for registration in Part B of the general childcare register as a 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 reasonably requires the applicant to give, and

(3) The Chief Inspector must grant an application under subsection (1) 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) which subsection (3) does not require him to grant.

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

(a) the applicant;

(b) the premises on which the childminding is being (or 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 on the general register: other childcare providers

63

(A1) Subsection (1) applies to a person who provides or proposes to provide on premises in England—

(a) later years provision for a child who has attained the age of eight, or

(b) early years provision or later years provision for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,

except where it is provision in respect of which an application for registration may be made under section 62.

(1) The person may make an application to the Chief Inspector—

(a) in any case, for registration in Part B of the general childcare register as a provider of childcare other than a childminder, or

(b) where the provision is early years childminding or later years childminding, for registration in Part B of the general childcare register as a childminder without domestic premises (whether or not an application is also made under paragraph (a)).

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

(a) give any prescribed information about prescribed matters;

(b) give any other information which the Chief Inspector reasonably requires the applicant to give;

(3) An application under subsection (1) may not be made in respect of provision for a child who has 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 institutionor 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.

(4) The Chief Inspector must grant an application under subsection (1) 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.

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

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

(a) the applicant;

(b) the premises on which the childcare is being (or 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

64

(1) If an application under section 62(1) is granted, the Chief Inspector must—

(a) register the applicant in Part B of the general childcare register as a 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 63(1)(a) is granted, the Chief Inspector must—

(a) register the applicant in Part B of the general childcare register as a provider of childcare other than a childminder (even if the childcare to be provided is or includes early years or later years childminding) ..., and

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

(2A) If an application under section 63(1)(b) is granted, the Chief Inspector must—

(a) register the applicant in Part B of the general childcare register as a 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 person 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 person a copy, on payment by the provider of any prescribed fee.

Special procedure for persons already registered

65

(1) If a person who is registered as an early years childminder with or without domestic premises in the early years register, or as a later years childminder with or without domestic premises in Part A of the general childcare register, gives notice to the Chief Inspector that he wishes to be registered in Part B of the general childcare register, the Chief Inspector must—

(a) register the person in Part B of the general childcare register as a childminder (as the case may be, with or without domestic premises), and

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

(2) If a person who is registered (otherwise than as a childminder) in the early years register or in Part A of the general childcare register ... gives notice to the Chief Inspector that he wishes to be registered in Part B of the general childcare register ..., the Chief Inspector must—

(a) register the person in Part B of the general childcare register as a provider of childcare other than a childminder ... , and

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

(3) Subsections (3) to (5) of section 64 apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

Regulation of persons registering voluntarily

Conditions on registration

66

(1) The Chief Inspector may impose such conditions as he thinks fit on the registration of a person in Part B of the general childcare register.

(2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers a person in pursuance of section 64 or 65 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 regulations under section 67.

(5) A person registered in Part B of the general childcare 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.

Regulations governing activities

67

(1) This section applies to persons providing early years provision or later years provision (or both) in respect of which they are registered under this Chapter.

(2) The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of persons to whom this section applies.

(3) The regulations may deal with the following matters (among others)—

(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 childcare provision is organised;

(g) procedures for dealing with complaints;

(h) the keeping of records;

(i) the provision of information.

(4) The power to make regulations under this section may be exercised so as confer powers or impose duties on the Chief Inspector , early years childminder agencies or later years childminder agencies in the exercise of ... functions under this Part.

(5) In particular, it may be so exercised so as to require the Chief Inspector , early years childminder agencies or later years childminder agencies, in exercising ... functions under this Part, to have regard to factors, standards and other matters prescribed by or referred to in the regulations.

(6) If the regulations require 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 regulations, they 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 or later years childminder agencies in the exercise of functions under this Part, or

(b) in any proceedings under this Part.

Chapter 5 — Common provisions

Cancellation of registration etc.

Cancellation of registration

68

(1) The Chief Inspector must cancel the registration of a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register if it appears to him that the person has become disqualified from registration by regulations under section 75.

(2) The Chief Inspector may cancel the registration of a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register if it appears to him—

(a) that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,

(b) that the person has failed to comply with a condition imposed on his registration under that Chapter,

(d) in the case of a person registered under Chapter 2 in the early years register, that he has failed to comply with section 40(2)(a), or

(e) in any case, that he has failed to pay a prescribed fee.

(3) The Chief Inspector may cancel the registration of a person registered under Chapter 2 in the early years register —

(a) as an early years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on domestic premises in England for a period of more than three years during which the person was registered;

(b) as an early years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.

(4) The Chief Inspector may cancel the registration of a person registered under Chapter 3 in Part A of the general childcare register —

(a) as a later years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on domestic premises in England for a period of more than three years during which the person was registered;

(b) as a later years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.

(5) The Chief Inspector may cancel the registration of a person registered under Chapter 4 in Part B of the general childcare register —

(a) as a childminder with domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on domestic premises in England for a period of more than three years during which the person was registered;

(b) as a childminder without domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.

(6) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register, his registration may not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—

(a) the time set for complying with the requirements has not expired, and

(b) it is shown that the defect or insufficiency is due to the changes or additions not having been made.

Suspension of registration

69

(1) Regulations may provide for the registration of a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register to be suspended for a prescribed period in prescribed circumstances.

(1A) Regulations under subsection (1) may in particular provide that registration may be suspended generally or only in relation to particular premises.

(2) Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.

(3) A person registered under Chapter 2 in the early years register as an early years childminder with or without domestic premises —

(a) may not provide early years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b) may not provide early years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(4) A person registered under Chapter 3 in Part A of the general childcare register as a later years childminder with or without domestic premises —

(a) may not provide later years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b) may not provide later years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(5) Subsection (3) or (4) does not apply in relation to early years childminding or (as the case may be) later years childminding which the person may provide without being registered under Chapter 2 or 3.

(6) A person registered under Chapter 2 in the early years register as an early years provider (other than an early years childminder) —

(a) may not provide early years provision at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b) may not provide early years provision on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(7) A person registered under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) —

(a) may not provide later years provision, for a child who has not attained the age of 8, at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b) may not provide later years provision, for a child who has not attained the age of 8, on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(8) Subsection (6) or (7) does not apply in relation to early years provision or (as the case may be) later years provision which the person may provide without being registered under Chapter 2 or 3.

(9) A person commits an offence if, without reasonable excuse, he contravenes subsection (3), (4), (6) or (7).

(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) In this Part, “the Tribunal” means the First-tier Tribunal.

Voluntary removal from register

70

(1) A person registered under Chapter 2, 3 or 4 may give notice to the Chief Inspector that he wishes to be removed from the early years register or (as the case may be) from Part A or B of the general childcare register.

(2) If a person gives notice under subsection (1) the Chief Inspector must remove him from the early years register or (as the case may be) from the relevant Part of the general childcare register.

(3) The Chief Inspector must not act under subsection (2) if—

(a) the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of his intention to cancel his registration, and

(b) the Chief Inspector has not decided that he no longer intends to take that step.

(4) The Chief Inspector must not act under subsection (2) if—

(a) the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of his decision to cancel his registration, and

(b) the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.

(5) Subsections (3) and (4) do not apply if the person is seeking removal from Part B of the general childcare register.

Termination of voluntary registration on expiry of prescribed period

71

Regulations may make provision requiring the Chief Inspector to remove a registered person from Part B of the general childcare register on the expiry of a prescribed period of time from the date of his registration.

Cancellation etc. in an emergency

Protection of children in an emergency

72

(1) In relation to a person registered under Chapter 2, 3 or 4 in the early years register or the general childcare register , the Chief Inspector may apply to the family court for an order—

(a) cancelling the person's registration;

(b) varying or removing a condition to which his registration is subject;

(2) If it appears to the court that a child for whom early years provision or later years provision is being or may be provided by that person is suffering or is likely to suffer significant harm, the court may make the order.

(3) An application under subsection (1) may be made without notice.

(4) An order under subsection (2)—

(a) must be made in writing, and

(b) has effect from the time when it is made.

(5) If an order is made under subsection (2), the Chief Inspector must serve on the registered person as soon as is reasonably practicable after the making of the order—

(a) a copy of the order,

(b) a copy of any written statement in support of the application for the order, and

(6) The documents mentioned in subsection (5) may be served on the registered person by—

(a) delivering them to him, or

(b) sending them by post.

(7) For the purposes of this section, “harm” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.

Registration – procedural safeguards

Procedure for taking certain steps

73

(1) This section applies if the Chief Inspector proposes to take any of the following steps under this Part—

(a) refuse an application for registration;

(b) impose a new condition on a person's registration;

(d) refuse to grant an application for the variation or removal of any such condition;

(e) cancel a person's registration.

(2) The Chief Inspector must give to the applicant or (as the case may be) the registered person notice of his intention to take the step in question.

(3) The notice must—

(a) give the Chief Inspector's reasons for proposing to take the step, and

(b) inform the person concerned of the person's rights under this section.

(4) The Chief Inspector may not take the step until the end of the period of 14 days beginning with the day on which he gives notice under subsection (2) unless the applicant or (as the case may be) the registered person notifies the Chief Inspector that the applicant or registered person does not wish to object to the step being taken.

(5) If the recipient of a notice under subsection (2) (“the recipient”) gives notice to the Chief Inspector that the recipient wishes to object to the step being taken, the Chief Inspector must give the recipient an opportunity to object before deciding whether to take the step.

(6) An objection made in pursuance of subsection (5) may be made orally or in writing and in either case may be made by the recipient or the recipient's representative.

(7) If the Chief Inspector decides to take the step, he must give the recipient notice of his decision (whether or not the recipient informed the Chief Inspector that the recipient wished to object to the step being taken).

(8) The taking of a step mentioned in paragraph (b), (c) or (e) of subsection (1) does not have effect until—

(a) the expiry of the time within which an appeal may be brought under section 74, or

(b) if such an appeal is brought, the time when the appeal is determined (and the taking of the step is confirmed).

(9) Subsection (8) does not prevent such a step having effect before the expiry of the time within which an appeal may be brought if the person concerned notifies the Chief Inspector that the person does not intend to appeal.

(10) If the Chief Inspector gives notice to an applicant for registration under Chapter 2 or 3 that he intends to refuse the application, the application may not be withdrawn without the consent of the Chief Inspector.

(11) In this section and in section 74, “a new condition” means a condition imposed otherwise than at the time of the person's registration.

Appeals

74

(1) An applicant for registration or (as the case may be) a registered person may appeal to the Tribunal against the taking of any of the following steps by the Chief Inspector under this Part—

(a) the refusal of the application for registration;

(b) the imposition of a new condition on the person's registration;

(d) the refusal of an application to vary or remove any such condition;

(e) the cancellation of the person's registration.

(2) An applicant for registration or (as the case may be) a registered person may also appeal to the Tribunal against any other determination made by the Chief Inspector under this Part which is of a prescribed description.

(3) A person against whom an order is made under section 72(2) may appeal to the Tribunal against the making of the order.

(4) On an appeal the Tribunal must either—

(a) confirm the taking of the step, the making of the other determination or the making of the order (as the case may be), or

(b) direct that it shall not have, or shall cease to have, effect.

(5) Unless the Tribunal has confirmed the taking of a step mentioned in subsection (1)(a) or (e) or the making of an order under section 72(2) cancelling a person's registration, the Tribunal may also do either or both of the following—

(a) impose conditions on the registration of the person concerned;

(b) vary or remove any condition previously imposed on the registration.

Disqualification from registration : early years and later years providers

Disqualification from registration

75

(1) In this section, “registration” means registration under Chapters 2, 3 and 4.

(2) Regulations may provide for a person to be disqualified from registration.

(3) The regulations may, in particular, provide for a person to be disqualified from registration if—

(a) he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);

(b) he is subject to a direction under section 142 of the Education Act 2002 (c. 32) on the grounds that he is unsuitable to work with children or on grounds relating to his health;

(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);

(d) an order of a prescribed kind has been made at any time with respect to a child who has been in his care;

(e) a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;

(f) he has at any time been refused registration under Chapter 2, 3 or 4 of this Part of this Act or under Part 10 or Part 10A of the Children Act 1989 (c. 41) or under Part 2 of the Children and Families (Wales) Measure 2010 or any prescribed enactment, or had any such registration cancelled;

(g) he has been convicted of an offence of a prescribed kind or has been discharged absolutely or conditionally for such an offence;

(h) he has been given a caution in respect of an offence of a prescribed kind;

(i) he has at any time been disqualified from fostering a child privately (within the meaning of the Children Act 1989 (c. 41));

(j) a prohibition has been imposed on him at any time under section 69 of the Children Act 1989, section 10 of the Foster Children (Scotland) Act 1984 (c. 56) or any prescribed enactment;

(k) his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

(4) Regulations may provide for a person to be disqualified from registration if—

(a) he lives in the same household as another person who is disqualified from registration, or

(b) he lives in a household in which any such person is employed.

(5) Regulations under subsection (2) or (4) may provide for a person not to be disqualified from registration (and in particular may provide for a person not to be disqualified from registration for the purposes of section 76) by reason of any fact which would otherwise cause him to be disqualified if—

(a) he has disclosed the fact to the Chief Inspector, and

(b) the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn his consent.

(6) In this section—

“enactment” means any enactment having effect at any time in any part of the United Kingdom.

(7) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this section.

Consequences of disqualification

76

(1) This section applies to—

(a) early years provision in respect of which the provider is required by section 33(1) or 34(1) or (1A) to be registered,

(b) early years provision in respect of which, but for section 34(2), the provider would be required to be registered,

(c) later years provision in respect of which the provider is required by section 52(1) or 53(1) or (1A) to be registered, and

(d) later years provision in respect of which, but for section 53(2), the provider would be required to be registered.

(2) A person who is disqualified from registration by regulations under section 75 must not—

(a) provide early years or later years provision to which this section applies, or

(b) be directly concerned in the management of early years or later years provision to which this section applies.

(3) No person may employ, in connection with the provision of early years or later years provision to which this section applies, a person who is disqualified from registration by regulations under section 75.

(3A) An early years childminder agency must not register for the purposes of Chapter 2 a person who is disqualified from registration by regulations under section 75.

(3B) A later years childminder agency must not register for the purposes of Chapter 3 a person who is disqualified from registration by regulations under section 75.

(3C) An early years childminder agency or a later years childminder agency must not register for the purposes of Chapter 4 a person who is disqualified from registration by regulations under section 75.

(4) A person who contravenes subsection (2) , (3), (3A), (3B) or (3C) commits an offence.

(5) A person who contravenes subsection (2) is not guilty of an offence under subsection (4) if—

(a) he is disqualified from registration by virtue only of regulations under section 75(4), and

(b) he proves that he did not know, and had no reasonable grounds for believing, that he was living—

(i) in the same household as a person who was disqualified from registration, or

(ii) in a household in which such a person was employed.

(6) A person (“A”) who contravenes subsection (3) is not guilty of an offence under subsection (4) if A proves that A did not know, and had no reasonable grounds for believing, that the person whom A was employing was disqualified from registration.

(6A) A person (“A”) who contravenes subsection (3A), (3B) or (3C) is not guilty of an offence under subsection (4) if A proves that A did not know, and had no reasonable grounds for believing, that the person registered by A was disqualified from registration.

(7) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.

(8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (7) to 51 weeks is to be read as a reference to 6 months.

Rights of entry

Powers of entry

77

(1) ... the Chief Inspector may at any reasonable time enter any premises in England if he has reasonable cause to believe that early years provision or later years provision is being provided on the premises in breach of section 33(1), 34(1) or (1A), 52(1) or 53(1) or (1A).

(2) ... the Chief Inspector may at any reasonable time enter any premises in England on which early years provision or later years provision in respect of which a person is registered under this Part is being provided—

(a) for the purpose of conducting an inspection under section 49 , 51D(2), 60 or 61E(2), or

(b) for the purpose of determining whether any conditions or requirements imposed by or under this Part are being complied with.

(3) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to his functions under subsection (1) or (2)—

(a) may be given for a particular occasion or period;

(b) may be given subject to conditions.

(4) A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b))—

(a) inspect the premises;

(b) inspect, and take copies of—

(i) any records kept by the person providing the childcare, and

(ii) any other documents containing information relating to that provision;

(c) seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;

(d) take measurements and photographs or make recordings;

(e) inspect any children being cared for there, and the arrangements made for their welfare;

(f) interview in private the childcare provider;

(g) interview in private any person caring for children, or living or working, on the premises who consents to be interviewed.

(5) A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b)) require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under this section.

(6) Section 58 of the Education Act 2005 (c. 18) (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A person commits an offence if he intentionally obstructs a person exercising any power under this section.

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(10) In this section, “documents” and “records” each include information recorded in any form.

78

(1) This section applies where a person (“the authorised person”) proposes to enter domestic premises in pursuance of—

(a) provision made by virtue of section 42(1) and (4) in a learning and development order specifying assessment arrangements in relation to early years provision, or

(b) a power of entry conferred by section 77(2).

(2) If the authorised person has reasonable cause to believe—

(a) that the premises are not the home of the person providing the early years or later years provision, or

(b) that the premises are the home of a child for whom the early years or later years provision is provided,

the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises.

(3) Subsection (2) does not prevent the imposition under section 38, 58 or 66 of a condition requiring a person registered under Chapter 2, 3 or 4 to secure that the occupier of any premises on which the registered person provides early years provision or later years provision gives any consent required by that subsection.

(4) In this section—

“a learning and development order” means an order under section 39(1)(a);

“occupier” does not include the person providing the early years or later years rovision.

Power of constable to assist in exercise of powers of entry

79

(1) The Chief Inspector may apply to a court for a warrant under this section.

(2) If it appears to the court that the Chief Inspector—

(a) has attempted to exercise a power conferred on him by section 77 or 78A but has been prevented from doing so, or

(b) is likely to be prevented from exercising any such power,

the court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.

(3) A warrant issued under this section must be addressed to, and executed by, a constable.

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

(5) In this section, “court” means the High Court or the family court.

Reports and information

Combined reports

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information to be included in annual reports

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of information to Chief Inspector

82

(1) The Chief Inspector may at any time require any person registered under this Part to provide him with any information connected with the person's activities as an early years provider or later years provider , or (as the case may be) as an early years childminder agency or later years childminder agency, which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part.

(2) The Chief Inspector's power under subsection (1) includes a power to require an early years childminder agency or a later years childminder agency to provide the Chief Inspector with information about an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

Supply of information to HMRC and local authorities

83

(1) The Chief Inspector must provide prescribed information to the Secretary of State, Her Majesty's Revenue and Customs, and the relevant local authority, if he takes any of the following steps under this Part—

(a) grants a person's application for registration;

(b) gives notice of his intention to cancel a person's registration;

(d) suspends a person's registration;

(e) removes a person from the register at that person's request.

(2) The Chief Inspector must also provide prescribed information to the Secretary of State, Her Majesty's Revenue and Customs, and the relevant local authority, if an order is made under section 72(2).

(3) The information which may be prescribed for the purposes of this section is—

(a) in the case of information to be provided to Her Majesty's Revenue and Customs, information which Her Majesty's Revenue and Customs may require for the purposes of their functions in relation to tax credits;

(aa) in the case of information to be provided to the Secretary of State, information which the Secretary of State may require for the purposes of the Secretary of State’s functions in relation to universal credit;

(b) in the case of information to be provided to the relevant local authority, information which would assist the local authority in the discharge of their functions under section 12.

(4) In this section, “the relevant local authority” means the English local authority for the area in which —

(a) the person provides (or, as the case may be, has provided) the early years provision or later years provision in respect of which he is (or was) registered.;

(b) registered premises of the early years childminder agency or later years childminder agency are (or, as the case may be, were) located.

Disclosure of information for certain purposes

84

(1) The Chief Inspector may arrange for prescribed information held by him in relation to persons registered under this Part to be made available for the purpose of—41

(a) assisting parents or prospective parents in choosing an early years or later years provider, or

(b) protecting children from harm or neglect.

(2) The information may be made available in such manner and to such persons as the Chief Inspector considers appropriate.

(3) Regulations may require the Chief Inspector to provide prescribed information held by him in relation to persons registered under this Part to prescribed persons for either of the purposes mentioned in subsection (1).

Offences and criminal proceedings

Offence of making false or misleading statement

85

(1) A person commits an offence if, in an application for registration under any of Chapters 2 to 4, the person knowingly makes a statement which is false or misleading in a material particular.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Time limit for proceedings

86

(1) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings comes to his knowledge.

(2) No such proceedings may be brought by virtue of subsection (1) more than three years after the commission of the offence.

Offences by bodies corporate

87

(1) Subsection (2) applies where any offence under this Part is committed by a body corporate.

(2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) Subsection (4) applies where any offence under this Part is committed by a partnership.

(4) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, that partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

Unincorporated associations

88

(1) Proceedings for an offence under this Part which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in the name of any of its members).

(2) For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(3) In proceedings for an offence under this Part brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate.

(4) A fine imposed on an unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the association.

(5) If an offence under this Part by an unincorporated association is shown—

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

Miscellaneous

Fees

89

(1) Regulations may require persons registered under any of Chapters 2 to 4 in the early years register or the general childcare register to pay to the Chief Inspector at or by prescribed times fees of the prescribed amounts in respect of the discharge by the Chief Inspector of his functions under this Part.

(2) Regulations under subsection (1) may prescribe circumstances in which—

(a) the amount of a fee payable under the regulations may be varied in accordance with the regulations;

(b) a fee payable under the regulations may be waived.

90

(1) This section applies where the Chief Inspector—

(a) is determining, for the purpose of deciding whether to grant an application for registration under any of Chapters 2 to 4, whether the prescribed requirements for registration are satisfied and are likely to be continued to be satisfied, or

(b) is determining, for the purpose of deciding whether to cancel the registration of any person under section 68(2)(a) or 69B(2)(a), whether the prescribed requirements for registration have ceased, or will cease, to be satisfied.

(2) The Chief Inspector may, if regulations so provide and he thinks it appropriate to do so, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied if for the purpose of his determination—

(a) the Chief Inspector has requested a person (“A”) to consent to the disclosure by another person (“B”) to the Chief Inspector of information which—

(i) relates to A,

(ii) is held by B, and

(iii) is of a prescribed description, and

(b) A does not give ... consent or withdraws ... consent after giving it.

Co-operation between authorities

91

(1) If it appears to the Chief Inspector that any English local authority could, by taking any specified action, help in the exercise of any of his functions under this Part, he may request the help of the authority, specifying the action in question.

(2) An authority whose help is requested must comply with the request if it is compatible with their own statutory and other duties and does not unduly prejudice the discharge of any of their functions.

Combined certificates of registration

92

(1) This section applies if the Chief Inspector is required by virtue of this Part to issue more than one certificate of registration to a person.

(2) If the Chief Inspector considers it appropriate, he may combine any two or more of those certificates in a single certificate (a combined certificate).

(3) A combined certificate of registration must contain prescribed information about prescribed matters.

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

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

Notices

93

(1) This section applies in relation to notices required or authorised to be given to any person by any of the following—

(a) section 57(1) and (2);

(aa) section 57A(2) and (4);

(ab) section 61C(1);

(b) section 65(1) and (2);

(ba) section 65A(1) and (3);

(d) section 73(2), (4), (5), (7) and (9).

(2) The notice may be given to the person in question—

(a) by delivering it to the person,

(b) by sending it by post, or

(3) If the notice is transmitted electronically, it is to be treated as given only if the requirements of subsection (4) or (5) are met.

(4) If the person required or authorised to give the notice is the Chief Inspector—

(a) the person to whom the notice is required or authorised to be given must have indicated to the Chief Inspector a willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and

(b) the notice must be sent to the address provided ....

(5) If the person required or authorised to give the notice is not the Chief Inspector, the notice must be transmitted in such manner as the Chief Inspector may require.

(6) An indication given for the purposes of subsection (4) may be given generally for the purposes of notices required or authorised to be given by the Chief Inspector under this Part or may be limited to notices of a particular description.

(7) A requirement imposed by the Chief Inspector under subsection (5) must be published in such manner as the Chief Inspector thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it.

(8) In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section 73, notification authorised to be given to the Chief Inspector under subsection (4) or (9) of that section may be given orally to a person authorised by the Chief Inspector to receive such notification (as well as by any of the methods mentioned in subsection (2)).

Power to amend Part 3: applications in respect of multiple premises

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain institutions not to be regarded as schools

95

(1) Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as follows.

(2) In subsection (1) after “In this Act” insert “ (subject to subsection (1A)) ”.

(3) After subsection (1) insert—

(1A) An institution which— (a) provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and (b) is not a maintained nursery school, is not a school.

Interpretation

Meaning of early years and later years provision etc.

96

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

(2) “Early years provision” means the provision of childcare for a young child.

(3) “Early years provider” means a person who provides early years provision.

(4) Subject to subsection (5), “early years childminding” means early years provision ... for reward ... (and “early years childminder” is to be read accordingly).

(5) Early years provision which would otherwise fall within subsection (4) is not early years childminding if at any time the number of persons providing the early years provision ... or assisting with the provision exceeds four.

(6) “Later years provision”, in relation to a child, means the provision of childcare at any time during the period—

(a) beginning with the 1st September next following the date on which he attains the age of five, and

(b) ending with such day as may be prescribed.

(7) “Later years provider” means a person who provides later years provision.

(8) Subject to subsection (9), “later years childminding” means later years provision ... for reward ... (and “later years childminder” is to be read accordingly).

(9) Later years provision which would otherwise fall within subsection (8) is not later years childminding if at any time the number of persons providing the later years provision ... or assisting with the provision exceeds four.

Employees not to be regarded as providing childcare

97

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

(2) Where an individual (“the employee”) is employed to care for a child by a person who provides early years provision or later years provision for the child, the employee is not to be regarded as providing early years provision or (as the case may be) later years provision by virtue of anything done by him in the course of that employment.

Interpretation of Part 3

98

(1) In this Part—

“the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

“childcare” has the meaning given by section 18;

“ childminder agency ” means— an early years childminder agency;a later years childminder agency;

“domestic premises” means premises which are used wholly or mainly as a private dwelling (and references to non-domestic premises are to be construed accordingly);

“ early years childminder agency ” means a person registered in the early years register as an early years childminder agency;

“early years provision” has the meaning given by section 96(2);

“early years provider” has the meaning given by section 96(3);

“early years childminding” and “early years childminder” have the meanings given by section 96(4);

“ later years childminder agency ” means a person registered in Part A of the general childcare register as a later years childminder agency;

“later years provision” has the meaning given by section 96(6);

“later years provider” has the meaning given by section 96(7);

“later years childminding” and “later years childminder” have the meanings given by section 96(8);

“premises” includes any area and any vehicle;

“proprietor”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56);

“the Tribunal” has the meaning given by section 69(11);

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

(1A) A person is registered for the purposes of this Part if that person is registered—

(a) in the early years register,

(b) in the general childcare register, or

(1B) In this Part, references to a person registered—

(a) as an early years childminder with domestic premises are to a person registered as such under section 37(1)(a) or 37A(1)(a);

(b) as an early years childminder without domestic premises are to a person registered as such under section 37(2A) or 37A(1A);

(c) as a later years childminder with domestic premises are to a person registered as such under section 56(1)(a) or 56A(1)(a);

(d) as a later years childminder without domestic premises are to a person registered as such under section 56(2A) or 56A(1A).

(2) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to service by post), a notice or order which may by virtue of any provision of this Part be sent by post to an applicant for registration or to a registered person is to be treated as properly addressed if it is addressed to him at the address notified by him to the Chief Inspector as the address to which correspondence to him should be sent.

Part 4 — Miscellaneous and General

Provision of information about children

Provision of information about young children: England

99

(1) Regulations may make provision, in relation to England, requiring—

(a) a person registered as an early years provider under Chapter 2 of Part 3,

(aa) a person registered as an early years childminder agency under Chapter 2A of Part 3, ...

(b) a person who provides early years provision in respect of which, but for section 34(2) (exemption for provision for children aged 2 or over at certain schools), he would be required to be registered under that Chapter,, and

(c) any other person who provides early years provision for the purposes of section 1(1) of the Childcare Act 2016 (Secretary of State's duty to secure 30 hours free childcare available for working parents),

to provide to the relevant person such individual child information as may be prescribed.

(2) In subsection (1), “the relevant person” means one or more of the following—

(a) the Secretary of State, and

(b) any prescribed person.

(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

(a) to the Secretary of State, or

(b) to any prescribed person.

(4) The Secretary of State may provide any individual child information—

(a) to any information collator,

(b) to any prescribed person, or

(5) Any information collator—

(a) may provide any individual child information—

(i) to the Secretary of State, or

(ii) to any other information collator, and

(b) may at such times as the Secretary of State may determine or in prescribed circumstances provide such individual child information as may be prescribed—

(i) to any prescribed person, or

(ii) to any person falling within a prescribed category.

(6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

(a) the Secretary of State,

(b) any information collator, or

(7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

(9) In this section—

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

“individual child information” means information relating to and identifying individual children for whom early years provision is being or has been provided by a person mentioned in subsection (1)(a) or (b), whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to early years provision, is responsible for collating or checking information relating to children for whom such provision is made;

Provision of information about young children: transitory provision

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information about children: Wales

101

(1) Regulations may make provision, in relation to Wales, requiring—

(a) a person who is registered under Part 10A of the Children Act 1989 (c. 41)Part 2 of the Children and Families (Wales) Measure 2010 to provide child minding or day care, and

(b) a person who provides funded nursery education,

to provide to the relevant person such individual child information as may be prescribed.

(2) In subsection (1), “the relevant person” means one or more of the following—

(a) the Assembly, and

(b) any prescribed person.

(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Assembly may require that person to provide any such information—

(a) to the Assembly, or

(b) to any prescribed person.

(4) The Assembly may provide any individual child information—

(a) to any information collator,

(b) to any prescribed person, or

(5) Any information collator—

(a) may provide any individual child information—

(i) to the Assembly, or

(ii) to any other information collator, and

(b) may at such times as the Assembly may determine or in prescribed circumstances provide such individual child information as may be prescribed—

(i) to any prescribed person, or

(ii) to any person falling within a prescribed category.

(6) Any person holding any individual child information (other than the Assembly or an information collator) may provide that information to—

(a) the Assembly,

(b) any information collator, or

(7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Assembly is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Assembly.

(9) In this section—

“child minding” and “day care” have the same meaning as in Part 10A of the Children Act 1989 Part 2 of the Children and Families (Wales) Measure 2010;

“funded nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 (c. 31), which is provided by any person—under arrangements made with that person by a local authority in Wales in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), andin consideration of financial assistance provided by the authority under those arrangements,other than such education provided by a school for its pupils;

“individual child information” means information relating to and identifying individual children for whom child minding, day care or funded nursery education is being or has been provided, whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Assembly relating to child minding, day care or funded nursery education (as the case may be), is responsible for collating or checking information relating to children for whom such provision is made;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Assembly.

Disqualification for registration under Children Act 1989

102

(1) Paragraph 4 of Schedule 9A to the Children Act 1989 (c. 41) (disqualification for registration) is amended as follows.

(2) In sub-paragraph (2)—

(a) in paragraph (b) after “children” insert “ or on grounds relating to his health ”, and

(b) after paragraph (g) insert—

(ga) he has been given a caution in respect of any offence of a prescribed kind;

(3) For sub-paragraph (6) substitute—

(6) In this paragraph— - “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998; - “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

General

Minor and consequential amendments and repeals

103

(1) Schedule 2 (which contains minor and consequential amendments) has effect.

(2) The enactments specified in Schedule 3 are repealed to the extent specified.

Subordinate legislation: general provisions

104

(1) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power—

(a) to make different provision for different cases or areas;

(b) to make provision generally or in relation to specific cases;

(c) to make such incidental, supplementary, saving or transitional provision as the Secretary of State or the Assembly thinks fit.

Subordinate legislation: parliamentary control

105

(1) A statutory instrument containing an order or regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to—

(a) an order under section 109(2) (commencement), or

(b) an order to which subsection (3) applies.

(3) A statutory instrument which contains (whether alone or with other provisions) —

(a) an order under section 5,

(b) an order under section 41(4), or

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

General interpretation etc.

106

In this Act—

“the Assembly” means the National Assembly for Wales;

“child” means a person under the age of 18;

“English local authority” means—a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;

“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“maintained nursery school” has the same meaning as in the School Standards and Framework Act 1998 (c. 31);

“parental responsibility” has the same meaning as in the Children Act 1989 (c. 41);

“prescribed” (except in Part 2 and section 101) means prescribed by regulations;

“registered pupil” has the same meaning as in the Education Act 1996 (c. 56);

“regulations” (except in Part 2 and section 101) means regulations made by the Secretary of State;

“school” has the same meaning as in the Education Act 1996;

“Welsh local authority” means a county council or county borough council in Wales;

“well-being”, in relation to children, has the meaning given by section 1(2).

Financial provisions

107

There shall be paid out of money provided by Parliament—

(a) any expenses incurred by a Minister of the Crown or government department under or by virtue of this Act, and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

Isles of Scilly

108

Parts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

Commencement

109

(1) The following provisions come into force on the day on which this Act is passed—

this section,

sections 104 to 108,

sections 110 and 111, and

paragraph 1 of Schedule 2 (and section 103(1) so far as relating to that paragraph).

(2) The other provisions of this Act come into force in accordance with provision made by order by the appropriate authority (as determined under section 110).

The appropriate authority by whom commencement order is made

110

(1) This section has effect for determining who is the appropriate authority for the purposes of section 109(2).

(2) In relation to Parts 1 and 3 (including Schedule 1) and sections 99 and 100, the appropriate authority is the Secretary of State.

(3) In relation to Part 2 and section 101, the appropriate authority is the Assembly.

(4) In relation to section 102, the appropriate authority is—

(a) in relation to England, the Secretary of State, and

(b) in relation to Wales, the Assembly.

(5) In relation to section 103(1) and Schedule 2, the appropriate authority is—

(a) for paragraphs 18(5)(b) and (c), 20 to 22, 24, 27, 31, 32(4) and 34 of that Schedule (and section 103(1) so far as relating to those provisions)—

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly,

(b) for paragraph 28 of that Schedule (and section 103(1) so far as relating to that paragraph), the Assembly, and

(c) for the other provisions of that Schedule to which section 109(2) applies (and section 103(1) so far as relating to those provisions), the Secretary of State.

(6) In relation to section 103(2) and Schedule 3, the appropriate authority is—

(a) for a repeal contained in Part 1 of that Schedule, the Secretary of State, and

(b) for a repeal contained in Part 2 of that Schedule, the appropriate authority for the purposes of section 109(2) in relation to the provision on which the repeal is consequential.

Short title and extent

111

(1) This Act may be cited as the Childcare Act 2006.

(2) Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(3) Except as provided by subsection (2), this Act extends to England and Wales only.

SCHEDULE 1

Interpretation

1

In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

Education Act 1997 (c. 44)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 2002 (c. 32)

3

(1) Section 76 of the 2002 Act (interpretation of Part 6) is amended as follows.

(2) For the definition of “assessment arrangements” substitute—

“assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage for the purpose of ascertaining what they have achieved in relation to the attainment targets for that stage;

(3) Omit the definitions of “early learning goals”, “the foundation stage”, and “pupil”.

(4) In the definition of “school year”, omit the words from “and has a corresponding” to the end.

4

Omit section 77 of the 2002 Act (meaning of “nursery education” and related expressions).

5

In section 78 of the 2002 Act (general requirements in relation to the curriculum), omit subsection (2).

6

(1) Section 79 of the 2002 Act (duty to implement general requirements) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78. (2) Every local education authority in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.

(3) In subsection (4)(b), omit the words from “or the” to “nursery school”.

(4) Omit subsection (5).

7

(1) Section 80 of the 2002 Act (basic curriculum for maintained school) is amended as follows.

(2) In subsection (1)(b), for “who have attained the age of three” substitute “ who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006 ”.

(3) In subsection (2)(a), for “a nursery class in a primary school” substitute “ pupils who are under compulsory school age ”.

8

Omit section 81 of the 2002 Act (the foundation stage).

9

Omit section 83 of the 2002 Act (curriculum requirements for the foundation stage).

10

(1) Section 87 of the 2002 Act (establishment of National Curriculum by order) is amended as follows.

(2) For subsection (1) substitute—

(1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.

(3) Omit subsection (2).

(4) In subsection (4), omit—

(a) “(2) or”,

(b) in paragraph (a), the words “the foundation stage or” and “educational programme or”, and

(5) In subsection (5), omit “(2) or”.

(6) Omit subsection (6).

(7) In subsection (8), omit “(2)(c) or”.

(8) In subsection (10), omit—

(a) “(6) or”, and

(b) in paragraph (a) the words from “or” to “provided”.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Omit section 89 of the 2002 Act (implementation in respect of nursery schools etc.).

12

(1) Section 90 of the 2002 Act (development work and experiments) is amended as follows.

(2) In subsection (1), omit “or maintained nursery school”.

(3) In subsection (3), omit “or a maintained nursery school”.

13

In section 93 of the 2002 Act (temporary exceptions for individual pupils), in subsections (1) and (5), omit “or maintained nursery school”.

14

In section 94 of the 2002 Act (information concerning directions under section 93), in subsection (4)(a), omit “or maintained nursery school”.

15

In section 96 of the 2002 Act (procedure for making certain orders and regulations), in subsection (1)(a)—

(a) omit “83(3)”, and

(b) for “87(2)(a) or (b) or (3)(a) or (b)” substitute “ 87(3)(a) or (b) ”.

16

In section 210 of the 2002 Act (orders and regulations)—

(a) omit subsection (3)(c), and

(b) in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “ 87(3)(c) ”.

SCHEDULE 2

1

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) after the entry relating to the Children Act 1975 insert—

Adoption Act 1976	Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.

Magistrates' Courts Act 1980 (c. 43)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supreme Court Act 1981 (c. 54)

3

In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court) in paragraph 3 (which deals with business assigned to the Family Division) after paragraph (e) insert—

(ea) proceedings under section 79 of the Childcare Act 2006;

Children Act 1989 (c. 41)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In the heading of Part 10A of the Children Act 1989 (child minding and day care for children in England and Wales), omit “England and”.

6

In Part 10A of the Children Act 1989 (including Schedule 9A) for “the registration authority”, “a registration authority” or “the authority”, wherever occurring, substitute (in each case) “ the Assembly ” .

7

In section 79B of the Children Act 1989 (other definitions etc. )—

(a) omit subsection (1),

(b) for subsection (2) substitute—

(2) In this Act “ the Assembly ” means the National Assembly for Wales.

, and

(7) “ Regulations ” means regulations made by the Assembly.

8

In section 79C of the Children Act 1989 (regulations etc. governing child minders and day care providers), omit subsections (1), (4) and (5).

9

In section 79D of the Children Act 1989 (requirement to register)—

(a) for subsection (1) substitute—

(1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.

(b) in subsection (4) omit the words “(whether the contravention occurs in England or Wales)”, and

10

In section 79H of the Children Act 1989 (suspension of registration), omit subsection (3).

11

In section 79K of the Children Act 1989 (protection of children in an emergency), in subsection (1) after “registered” insert “ under this Part ” .

12

Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only to England).

13

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Childcare Act 2006

Special procedure for registered early years providers

57

Regulation

Conditions on registration

58

Regulations governing activities

59

Inspection

Inspections

60

Report of inspections

61

Chapter 4 — Voluntary registration

Process of voluntary registration

Applications for registration on the general register: childminders

62

Applications for registration on the general register: other childcare providers

63

Entry on the register and certificates

64

Special procedure for persons already registered

65

Regulation of persons registering voluntarily

Conditions on registration

66

Regulations governing activities

67

Chapter 5 — Common provisions

Cancellation of registration etc.

Cancellation of registration

68

Suspension of registration

69

Voluntary removal from register

70

Termination of voluntary registration on expiry of prescribed period

71

Cancellation etc. in an emergency

Protection of children in an emergency

72

Registration – procedural safeguards

Procedure for taking certain steps

73

Appeals

74

Disqualification from registration : early years and later years providers

Disqualification from registration

75

Consequences of disqualification

76

Rights of entry

Powers of entry

77

Requirement for consent to entry

78

Power of constable to assist in exercise of powers of entry

79

Reports and information

Combined reports

80

Information to be included in annual reports

81

Supply of information to Chief Inspector

82

Supply of information to HMRC and local authorities

83

Disclosure of information for certain purposes

84

Offences and criminal proceedings

Offence of making false or misleading statement

85

Time limit for proceedings

86

Offences by bodies corporate

87

Unincorporated associations

88

Miscellaneous

Fees