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

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

(3) A certificate of registration given to the applicant in pursuance of subsection (1) , (1A) or (2) 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 later years childminder agency must give the registered later years provider an amended certificate.

57A

(1) Subsection (2) applies where—

(a) a person is registered with an early years childminder with or without domestic premises agency as an early years childminder, and

(b) that agency is also a later years childminder agency.

(2) If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must—

(a) register the person in the register maintained by the agency —

(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 or she is so registered.

(3) Subsection (4) applies where—

(a) a person is registered with an early years childminder agency ... as an early years provider other than a childminder, and

(b) that agency is also a later years childminder agency.

(4) If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter ..., the agency must—

(a) register the person in the register maintained by the agency as a later years provider other than a childminder ..., and

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

(5) Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

CHAPTER 3A — Regulation of later years childminder agencies

Process of registration

61A

(1) A person may make an application to the Chief Inspector for registration as a later years childminder agency.

(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 76A, 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 the Chief Inspector to grant.

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

(a) the applicant;

(b) any persons employed by the applicant;

(d) the provision to the Chief Inspector of information about later years providers registered with the applicant;

(e) the applicant's arrangements for registering later years providers;

(f) the applicant's arrangements in relation to training and monitoring later years providers, and providing such persons with information, advice and assistance;

(g) the applicant's arrangements for ensuring that later years provision is of a sufficient standard.

61B

(1) If an application under section 61A is granted, the Chief Inspector must—

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

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

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

(3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the later years childminder agency an amended certificate.

(4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the later years childminder agency a copy, on payment by the agency of any prescribed fee.

61C

(1) If an early years childminder agency gives notice to the Chief Inspector of a wish to be a later years childminder agency the Chief Inspector must—

(a) register the early years childminder agency in Part A of the general childcare register as a later years childminder agency, and

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

(2) Subsections (2) to (4) of section 61B apply in relation to a certificate of registration given in pursuance of subsection (1) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) of that section.

61D

(1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of a later years childminder agency under this Chapter.

(2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 61B or 61C or at any subsequent time.

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

(4) A later years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Inspections

61E

(1) The Chief Inspector—

(a) must inspect a later years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b) may inspect a later years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2) For the purposes of an inspection under this section, the Chief Inspector may inspect later years provision provided by later years providers who are registered with the later years childminder agency for the purposes of Chapter 3.

(3) The Chief Inspector may charge a prescribed fee for conducting an inspection of a later years childminder agency where—

(a) the inspection is conducted at the request of the agency, and

(b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

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

61F

(1) After conducting an inspection under section 61E, the Chief Inspector must make a report in writing on—

(a) the quality and standards of the services offered by the later years childminder agency to later years providers registered with it,

(b) the quality of leadership and management in the later years childminder agency, and

(c) the effectiveness of the arrangements of the later years childminder agency for assuring itself of the quality of the care and education provided by the later years providers registered with it.

(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 later years childminder agency,

(c) must ensure that copies of the report, or such parts of it as the Chief Inspector 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 the Chief Inspector considers appropriate.

(3) Regulations may make provision—

(a) requiring the later years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

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

False representations

61G

(1) A person who without reasonable excuse falsely represents that the person is a later years childminder agency commits an offence.

(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.

Applications for registration: other later years providers

Voluntary registration of persons registered with childminder agencies

65A

(1) A person who is registered as an early years childminder with an early years childminder with or without domestic premises agency or as a later years childminder with or without domestic premises with a later years childminder agency may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision in England of—

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

(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.

(2) If a person gives notice to an agency under subsection (1), the agency must—

(a) register the person in the register maintained by the agency as a childminder registered under this Chapter (as the case may be, with or without domestic premises), and

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

(3) A person who is registered as an early years provider (other than a childminder) with an early years childminder agency or as a later years provider (other than a childminder) with a later years childminder agency ... may give notice to the agency that he or she wishes to be registered with the agency in respect of ...—

(a) later years provision (other than later years childminding) for a child who has attained the age of eight;

(b) early years provision or later years provision (other than early years 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.

(4) If a person gives notice to an agency under subsection (3), the agency must—

(a) register the person in the register maintained by the agency as a provider of childcare (other than a childminder) registered under this Chapter ..., and

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

(5) A certificate of registration given to the applicant in pursuance of subsection (2) or (4) must contain prescribed information about prescribed matters.

(6) If there is a change of circumstances which requires the amendment of a certificate of registration, the agency must give the registered person an amended certificate.

Cancellation, termination and suspension of registration with a childminder agency

69A

(1) Regulations may make provision about the cancellation, termination and suspension of the registration of an early years provider or a later years provider with an early years childminder agency or a later years childminder agency for the purposes of Chapter 2, 3 or 4, in particular—

(a) about the termination by an early years provider or a later years provider of his or her registration;

(b) for the creation of offences relating to things done while a registration is suspended;

(c) about the resolution of disputes between an early years provider or a later years provider and an early years childminder agency or a later years childminder agency.

(2) Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension.

(3) Regulations made by virtue of subsection (1)(b) may only create offences which are—

(a) triable only summarily, and

(b) punishable only with a fine not exceeding the level specified in the regulations, which may not exceed level 5 on the standard scale.

69B

(1) The Chief Inspector must cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector that the person has become disqualified from registration by regulations under section 76A.

(2) The Chief Inspector may cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector—

(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 the registration under that Chapter,

(d) that the person has failed to comply with a requirement imposed by this Chapter, or by regulations under this Chapter, or

(e) that the person has failed to pay a prescribed fee.

(3) Where a requirement to make any changes or additions to any services has been imposed on a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency, the person's registration may not be cancelled on the ground of any defect or insufficiency in the services, 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.

(4) Regulations may make provision about the effect of the cancellation under this section of the registration under Chapter 2A or 3A of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

69C

(1) Regulations may provide for the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency to be suspended for a prescribed period in prescribed circumstances.

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

(3) Regulations under subsection (1) may make provision about the effect of the suspension of the registration of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

(4) A person registered under Chapter 2A as an early years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—

(a) exercise any functions of an early years childminder agency, or

(b) represent that the person may exercise such functions.

(5) A person registered under Chapter 3A as a later years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—

(a) exercise any functions of a later years childminder agency, or

(b) represent that the person may exercise such functions.

(6) A person commits an offence if, without reasonable excuse, the person contravenes subsection (4) or (5).

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

70A

(1) A person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency may give notice to the Chief Inspector of a wish to be removed from the early years register or (as the case may be) from Part A of the general childcare register.

(2) If a person gives notice under subsection (1) the Chief Inspector must remove the person from the early years register or (as the case may be) from Part A 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 the Chief Inspector's intention to cancel the person's registration, and

(b) the Chief Inspector has not decided that he or she 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 the Chief Inspector's decision to cancel the person's 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.

Entry on the register and certificates

Disqualification from registration: early years and later years providers

Disqualification from registration: childminder agencies

Procedure for taking certain steps

76A

(1) In this section, “ registration ” means registration under Chapter 2A or 3A.

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

(3) Regulations under subsection (2) 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 76B) by reason of any fact which would otherwise cause the person to be disqualified if—

(a) the person 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 the consent.

Consequences of disqualification: childminder agencies

76B

(1) A person who is disqualified from registration by regulations under section 76A must not—

(a) exercise any functions of an early years childminder agency or a later years childminder agency,

(b) represent that the person can exercise such functions,

(c) be a director, manager or other officer of, or partner in, an early years childminder agency or a later years childminder agency, be a member of the governing body of such an agency, or otherwise be directly concerned in the management of such an agency, or

(d) work for such an agency in any capacity which involves entering premises on which early years provision or later years provision is being provided.

(2) No early years childminder agency or later years childminder agency may employ a person who is disqualified from registration by regulations under section 76A in any capacity which involves—

(a) being directly concerned in the management of an early years childminder agency or a later years childminder agency, or

(b) entering premises on which early years provision or later years provision is being provided.

(3) A person who contravenes subsection (1) or (2) commits an offence.

(4) A person (“P”) who contravenes subsection (2) is not guilty of an offence under subsection (3) if P proves that P did not know, and had no reasonable grounds for believing, that the person whom P was employing was disqualified from registration.

(5) A person guilty of an offence under subsection (3) 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.

(6) 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 (5) to 51 weeks is to be read as a reference to 6 months.

78A

(1) The Chief Inspector may at any reasonable time enter any premises in England if the Chief Inspector has reasonable cause to believe that a person on the premises is falsely representing—

(a) that the person is an early years childminder agency, or

(b) that the person is a later years childminder agency.

(2) The Chief Inspector may at any reasonable time enter any premises in England which is registered in—

(a) the early years register as premises of an early years childminder agency, or

(b) Part A of the general childcare register as premises of a later years childminder agency,

for any of the purposes in subsection (3).

(3) Those purposes are—

(a) conducting an inspection under section 51D(1) or 61E(1);

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

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

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

(b) may be given subject to conditions.

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

(a) inspect the premises;

(b) inspect, and take copies of—

(i) any records kept concerning early years providers or later years providers, and

(ii) any other documents containing information relating to such providers;

(c) seize and remove any document or other material or thing found there which the person 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) interview in private any person present on the premises who works there.

(6) A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b)) require any person to afford such facilities and assistance with respect to matters within the person's control as are necessary to enable the powers under this section to be exercised.

(7) Section 58 of the Education Act 2005 (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.

(8) It is an offence intentionally to obstruct 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.

78B

(1) This section applies where a person (“ the authorised person ”) proposes to enter domestic premises in pursuance of a power of entry conferred by section 78A(2).

(2) If the authorised person has reasonable cause to believe that the premises are the home of a person who—

(a) is not employed by the early years childminder agency or (as the case may be) the later years childminder agency, or

(b) is not a director, manager or other officer of, or partner in, the agency, a member of its governing body or otherwise directly concerned in the management of the agency,

the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises and who falls within paragraph (a) or (b).

Power of constable to assist in exercise of powers of entry

Combined reports

Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector

83A

(1) An early years childminder agency or a later years childminder agency must provide prescribed information to the Secretary of State, Her Majesty‘s Revenue and Customs, and each relevant local authority, if it—

(a) grants a person's application for registration for the purposes of Chapter 2, 3 or 4;

(b) takes any other steps under this Part of a prescribed description.

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

(a) 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 under Part 1 of the Welfare Reform Act 2012;

(b) 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—

(i) their functions in relation to tax credits, or

(ii) their functions under the Childcare Payments Act 2014;

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

(3) In this section, “ relevant local authority ” means an English local authority for an area in which a person who is (or, as the case may be, was) registered with the early years childminder agency or later years childminder agency for the purposes of Chapter 2 or 3 provides (or has provided) early years provision or later years provision in respect of which he or she is (or was) registered.

Disclosure of information for certain purposes : the Chief Inspector

Disclosure of information for certain purposes: childminder agencies

84A

(1) An early years childminder agency or a later years childminder agency may arrange for prescribed information held by the agency in relation to persons registered with the agency under this Part to be made available for the purpose of—

(a) assisting parents or prospective parents in choosing an early years provider 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 agency considers appropriate.

(3) Regulations may require an early years childminder agency or a later years childminder agency to provide prescribed information held by the agency in relation to persons registered with the agency under this Part to prescribed persons for either of the purposes mentioned in subsection (1).

Time limit for proceedings

Fees

Disclosure of information for certain purposes : the Chief Inspector

Co-operation between authorities

Inspections

Inspection of children's centres: interpretation

Provision of information about young children: England

Independent schools

Applications for registration: later years childminders with domestic premises

Applications for registration: other later years providers

Cancellation, termination and suspension of registration with a childminder agency

Disqualification from registration: early years and later years providers

Disqualification from registration: childminder agencies

Combined reports

Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector

Offence of providing provision other than on approved premises

Fees

Meaning of early years and later years provision etc.

Reports

Minor and consequential amendments and repeals

Cancellation of registration: childminder agencies

Appeals relating to registration in a childcare register

Consequences of disqualification : early years and later years providers

Disqualification from registration: childminder agencies

Chief Inspector's powers of entry: early years provision and later years provision

Chief Inspector's powers of entry: childminder agencies

Power of constable to assist in exercise of powers of entry

Information to be included in annual reports

Supply of information to the Secretary of State, HMRC and local authorities by childminder agencies

Disclosure of information for certain purposes : the Chief Inspector

Disclosure of information for certain purposes: childminder agencies

85A

The Secretary of State may by regulations provide—

(a) that a person who without reasonable excuse fails to comply with a prescribed requirement falling within section 35(5)(b), 36(5)(b), 54(5)(b) or 55(5)(b) (premises) is guilty of an offence, and

(b) that a person guilty of the offence is liable on summary conviction to a fine.

Fees

Meaning of early years and later years provision etc.

Inspections

Minor and consequential amendments and repeals

Meaning of early years and later years provision etc.

Inspections

Inspection of children's centres: interpretation

Provision of information about young children: transitory provision

Minor and consequential amendments and repeals

Applications for registration: early years childminders with domestic premises

Entry on the register and certificates

Welfare requirements

Independent schools

Entry on the register and certificates

Disqualification from registration: childminder agencies

Consequences of disqualification: childminder agencies

Power of constable to assist in exercise of powers of entry

Provision of information about young children: transitory provision

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Childcare Act 2006

57A

CHAPTER 3A — Regulation of later years childminder agencies

Process of registration

61A

61B

61C

61D

Inspections

61E

61F

False representations

61G

Applications for registration: other later years providers

Voluntary registration of persons registered with childminder agencies

65A

Cancellation, termination and suspension of registration with a childminder agency

69A

69B

69C

70A

Entry on the register and certificates

Disqualification from registration: early years and later years providers

Disqualification from registration: childminder agencies

Procedure for taking certain steps

76A

Consequences of disqualification: childminder agencies

76B

Powers of entry under section 77: requirement for consent

78A

Powers of entry under section 77: requirement for consent

78B

Power of constable to assist in exercise of powers of entry

Combined reports

Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector

83A

Disclosure of information for certain purposes : the Chief Inspector

Disclosure of information for certain purposes: childminder agencies

84A

Time limit for proceedings

Fees

Disclosure of information for certain purposes : the Chief Inspector

Co-operation between authorities

Inspections

Inspection of children's centres: interpretation

Provision of information about young children: England

Independent schools

Applications for registration: later years childminders with domestic premises

Applications for registration: other later years providers

Cancellation, termination and suspension of registration with a childminder agency

Disqualification from registration: early years and later years providers

Disqualification from registration: early years and later years providers

Disqualification from registration: childminder agencies

Powers of entry under section 77: requirement for consent

Powers of entry under section 78A: requirement for consent

Combined reports

Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector

Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector

Offence of providing provision other than on approved premises

Fees

Meaning of early years and later years provision etc.

Reports

Minor and consequential amendments and repeals

Cancellation of registration: childminder agencies

Appeals relating to registration in a childcare register

Consequences of disqualification : early years and later years providers

Disqualification from registration: childminder agencies

Chief Inspector's powers of entry: early years provision and later years provision

Chief Inspector's powers of entry: childminder agencies

Powers of entry under section 78A: requirement for consent

Power of constable to assist in exercise of powers of entry

Information to be included in annual reports

Supply of information to the Secretary of State, HMRC and local authorities by childminder agencies

Disclosure of information for certain purposes : the Chief Inspector

Disclosure of information for certain purposes : the Chief Inspector

Disclosure of information for certain purposes: childminder agencies

85A

Fees

Meaning of early years and later years provision etc.

Inspections