Children and Families Bill (HC Bill 131)

(3) In subsection (2)—

(a) in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the later years childminder agency”, and

(b) in paragraph (c) at the beginning insert “if it is an application to the
5Chief Inspector,”.

(4) In subsections (3) and (4), after “subsection (1)” insert “(a)”.

(5) After subsection (4) insert—

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

(a) 10the applicant is not disqualified from registration by
regulations under section 75,

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

(c) 15it appears to the agency that any other reasonable
requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered—

(i) 20in Part A of the general childcare register and with a
later years childminder agency;

(ii) with more than one later years childminder agency;”.

15 (1) Section 55 (applications for registration: other later years providers) is
amended as follows.

(2) 25After subsection (1) insert—

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

(a) to the Chief Inspector for registration as a later years provider
30in respect of the premises, or

(b) to a later years childminder agency for registration with that
agency as a later years provider in respect of the premises.”

(3) In subsection (2)—

(a) after “subsection (1)” insert “or (1A)”,

(b) 35in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the later years childminder agency”, and

(c) in paragraph (c) at the beginning insert “if it is an application to the
Chief Inspector,”.

(4) In subsections (3) and (4), after “subsection (1)” insert “or (1A)(a)”.

(5) 40After subsection (4) insert—

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

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

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

(c) it appears to the agency that any other reasonable
5requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered—

(i) in Part A of the general childcare register and with a
10later years childminder agency;

(ii) with more than one later years childminder agency;”.

16 (1) Section 56 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 54(1)” insert “(a)”.

(3) In subsection (2) after “section 55(1)” insert “or (1A)(a)”.

17 15After section 56 insert—

“56A Later years childminder agencies: registers and certificates

(1) If an application under section 54(1)(b) is granted, the later years
childminder agency must—

(a) register the applicant in the register maintained by the
20agency as a later years childminder, and

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

(2) If an application under section 55(1A)(b) is granted, the later years
childminder agency must—

(a) 25register the applicant in the register maintained by the
agency as a later years provider other than a childminder, in
respect of the premises in question, and

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

(3) 30A certificate of registration given to the applicant in pursuance of
subsection (1) 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
35must give the registered later years provider an amended
certificate.”

18 In section 58 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in Part A of the general childcare register”.

19 (1) Section 59 (regulations governing activities) is amended as follows.

(2) 40In subsection (4)—

(a) after “Chief Inspector” insert “or later years childminder agencies”,
and

(b) omit “his”.

(3) In subsection (5)—

(a) after “Chief Inspector” insert “or later years childminder agencies”,
and

(b) omit “his”.

(4) In subsection (6) after paragraph (a) (and before the “or” which follows it)
5insert—

“(aa) by later years childminder agencies in the exercise of
functions under this Part,”.

20 In section 60 (inspections), in subsection (1) for “under this Chapter”
substitute “in Part A of the general childcare register”.

21 10After Chapter 3 (regulation of later years provision for children under 8)
insert—

“Regulation of later years childminder agencies

Process of registration

61A Applications for registration

(1) 15A 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
20reasonably requires the applicant to give, and

(c) be accompanied by any prescribed fee.

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

(a) the applicant is not disqualified from registration by
25regulations 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) 30The 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) 35any persons employed by the applicant;

(c) management and control of the applicant (where the
applicant is not an individual);

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

(e) 40the 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
5provision is of a sufficient standard.

61B Entry on the register and certificates

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

(a) register the applicant in Part A of the general childcare
10register 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
15matters.

(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
20been 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 Special procedure for registered early years childminder agencies

(1) If an early years childminder agency gives notice to the Chief
25Inspector 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) 30give 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
35pursuance of subsection (1) of that section.

61D Conditions on registration

(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) 40The 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
5summary conviction to a fine not exceeding level 5 on the standard
scale.

Inspections

61E Inspections of later years childminder agencies

(1) The Chief Inspector—

(a) 10must 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
15appropriate 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) 20The 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) 25Regulations 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 Reports of inspections

(1) After conducting an inspection under section 61E, the Chief
30Inspector 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, and

(b) the quality of leadership and management in the later years
35childminder agency.

(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) 40must 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) 5requiring 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;

(c) 10authorising the agency in prescribed cases to charge a fee for
providing a copy of the report.

False representations

61G False representations

(1) A person who without reasonable excuse falsely represents that the
15person 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.”

Part 4 20Provisions applying in relation to all childminder agencies

22 (1) Section 68 (cancellation of registration) is amended as follows.

(2) In subsection (1) after “or 4” insert “in the early years register or the general
childcare register”.

(3) In subsection (2)—

(a) 25after “or 4” insert “in the early years register or the general childcare
register”, and

(b) in paragraph (d) after “Chapter 2” insert “in the early years register”.

(4) In subsection (3) for “as an early years childminder under Chapter 2”
substitute “under Chapter 2 in the early years register as an early years
30childminder”.

(5) In subsection (4) for “as a later years childminder under Chapter 3”
substitute “under Chapter 3 in Part A of the general childcare register as a
later years childminder”.

(6) In subsection (6) after “or 4” insert “in the early years register or the general
35childcare register”.

(7) In the title, at the end insert “in a childcare register: early years and later
years providers”.

23 (1) Section 69 (suspension of registration) is amended as follows.

(2) In subsection (1) after “or 4” insert “in the early years register or the general
40childcare register”.

(3) In subsection (3) for “as an early years childminder under Chapter 2”
substitute “under Chapter 2 in the early years register as an early years
childminder”.

(4) In subsection (4) for “as a later years childminder under Chapter 3”
5substitute “under Chapter 3 in Part A of the general childcare register as a
later years childminder”.

(5) In subsection (6) for “as an early years provider (other than an early years
childminder) under Chapter 2” substitute “under Chapter 2 in the early
years register as an early years provider (other than an early years
10childminder)”.

(6) In subsection (7) for “as a later years provider (other than a later years
childminder) under Chapter 3” substitute “under Chapter 3 in Part A of the
general childcare register as a later years provider (other than a later years
childminder)”.

(7) 15In the title, at the end insert “in a childcare register: early years and later
years providers”.

24 After section 69 insert—

“69A Cancellation, termination and suspension of registration with a
childminder agency

(1) 20Regulations 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 or 3, in
particular—

(a) 25about 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
30provider or a later years provider and an early years
childminder agency or a later years childminder agency.

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

(a) triable only summarily, and

(b) 35punishable only with a fine not exceeding the level specified
in the regulations, which may not exceed level 5 on the
standard scale.”

25 After section 69A (as inserted by paragraph 24) insert—

“69B Cancellation of registration: childminder agencies

(1) 40The 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) 45The 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
5have 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,

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

(d) 10that 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
15services 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
20expired, 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
25early 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 or 3.

69C Suspension of registration: childminder agencies

(1) Regulations may provide for the registration of a person registered
30under 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
35suspension.

(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
40for the purposes of Chapter 2 or 3.

(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) 45exercise 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) 5exercise 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
10summary conviction to a fine not exceeding level 5 on the standard
scale.”

26 (1) Section 70 (voluntary removal from register) is amended as follows.

(2) In subsection (1) for “any of Chapters 2 to 4” substitute “Chapter 2, 3 or 4”.

(3) In the title for “register” substitute “a childcare register: early years and later
15years providers”.

27 After section 70 insert—

“70A Voluntary removal from a childcare register: childminder agencies

(1) A person registered under Chapter 2A or 3A as an early years
childminder agency or a later years childminder agency may give
20notice 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
25be) 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) 30the 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
35person’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.”

28 In section 71 (termination of voluntary registration on expiry of prescribed
40period), in the title after “registration” insert “under Chapter 4”.

29 In section 72 (protection of children in an emergency), in subsection (1) after
“or 4” insert “in the early years register or the general childcare register”.

30 (1) Section 73 (procedure for taking certain steps) is amended as follows.

(2) In subsection (3)(b) for “his” substitute “the person’s”.

(3) In subsection (4) for “he” substitute “the applicant or registered person”.

(4) In subsection (5)—

(a) for “he” substitute “the recipient”, and

(b) for “him” substitute “the recipient”.

(5) 5In subsection (6) for “his” substitute “the recipient’s”.

(6) In subsection (7) for “he” (in the second place it occurs) substitute “the
recipient”.

(7) In subsection (9) for “he” substitute “the person”.

(8) In subsection (10) for “his” substitute “the”.

31 (1) 10Section 74 (appeals) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “his” substitute “the”,

(b) in paragraph (b) for “his” substitute “the person’s”,

(c) in paragraph (c) for “his” substitute “the person’s”, and

(d) 15in paragraph (e) for “his” substitute “the person’s”.

(3) In subsection (5)(b) for “his” substitute “the”.

(4) In the title, at the end insert “relating to registration in a childcare register”.

32 In the italic heading before section 75 (disqualification from registration), at
the end insert “: early years and later years providers”.

33 20In the title of section 75, at the end insert “: early years and later years
providers”.

34 (1) Section 76 (consequences of disqualification) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “34(1)” insert “or (1A)”, and

(b) 25in paragraph (c) after “53(1)” insert “or (1A)”.

(3) In subsection (2)—

(a) after paragraph (a) omit “or”, and

(b) after paragraph (b) insert “, or

(c) be a member, director, manager or other officer of an
30early years childminder agency or a later years
childminder agency, or otherwise work for such an
agency.”

(4) In subsection (3)—

(a) omit the words from “, in connection” to “applies,”, and

(b) 35after “75” insert—

“(a) in connection with the provision of early years
provision or later years provision to which this
section applies;

(b) in connection with the exercise of the functions of an
40early years childminder agency or a later years
childminder agency.”