Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 2 — Early years childminder agencies
154

      (6)
In subsection (5), after paragraph (a) insert—
“(aa)
prohibiting the applicant from being registered in the early
years register as an early years provider other than a
childminder if the applicant is registered with a childminder
agency;
5
(ab)
prohibiting the applicant from being registered with an early
years childminder agency as an early years provider other
than a childminder if the applicant is registered—
(i)
with another childminder agency;
(ii)
in the early years register or the general childcare
10
register;”.
6     (1)
Section 37 (entry on the register and certificates) is amended as follows.
      (2)
In subsection (1) after “section 35(1)” insert “(a)”.
      (3)
In subsection (2) after “section 36(1)” insert “or (1A)(a)”.
7
After section 37 insert—
15
“37A
Early years childminder agencies: registers and certificates
(1)
If an application under section 35(1)(b) is granted, the early years
childminder agency must—
(a)
register the applicant in the register maintained by the
agency as an early years childminder, and
20
(b)
give the applicant a certificate of registration stating that he
or she is so registered.
(2)
If an application under section 36(1A)(b) is granted, the early years
childminder agency must—
(a)
register the applicant in the register maintained by the
25
agency as an early 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)
A certificate of registration given to the applicant in pursuance of
30
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 early years childminder agency
must give the registered early years provider an amended
35
certificate.”
8
In section 38 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in the early years register”.
9     (1)
Section 44 (instruments specifying learning and development or welfare
requirements) is amended as follows.
40
      (2)
In subsection (2)—
(a)
after “Chief Inspector” insert “or early years childminder agencies”,
and
(b)
omit “his”.

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 2 — Early years childminder agencies
155

      (3)
In subsection (3) after “Chief Inspector” insert “or early years childminder
agencies”.
      (4)
In subsection (4) after paragraph (a) (and before the “or” which follows it)
insert—
“(aa)
by early years childminder agencies in the exercise of
5
functions under this Part,”.
10
In section 49 (inspections), in subsection (1) for “under this Chapter”
substitute “in the early years register”.
11
After Chapter 2 (regulation of early years provision) insert—
“Chapter 2A
10
Regulation of early years childminder agencies
Process of registration
51A
Applications for registration
(1)
A person may make an application to the Chief Inspector for
registration as an early years childminder agency.
15
(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
(c)
be accompanied by any prescribed fee.
20
(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
25
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.
30
(5)
The prescribed requirements for registration may include
requirements relating to—
(a)
the applicant;
(b)
any persons employed by the applicant;
(c)
management and control of the applicant (where the
35
applicant is not an individual);
(d)
the provision to the Chief Inspector of information about
early years providers registered with the applicant;
(e)
the applicant’s arrangements for registering early years
providers;
40
(f)
the applicant’s arrangements in relation to training and
monitoring early years providers and providing such
persons with information, advice and assistance;

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 2 — Early years childminder agencies
156

(g)
the applicant’s arrangements for ensuring that early years
provision is of a sufficient standard.
51B
Entry on the register and certificates
(1)
If an application under section 51A is granted, the Chief Inspector
must—
5
(a)
register the applicant in the early years register as an early
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
10
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 early
years childminder agency an amended certificate.
15
(4)
If the Chief Inspector is satisfied that a certificate of registration has
been lost or destroyed, the Chief Inspector must give the early years
childminder agency a copy, on payment by the agency of any
prescribed fee.
51C
Conditions on registration
20
(1)
The Chief Inspector may impose such conditions as the Chief
Inspector thinks fit on the registration of an early 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
25
51B or at any subsequent time.
(3)
The Chief Inspector may at any time vary or remove any condition
imposed under subsection (1).
(4)
An early years childminder agency commits an offence if, without
reasonable excuse, the agency fails to comply with any condition
30
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
35
51D
Inspections of early years childminder agencies
(1)
The Chief Inspector—
(a)
must inspect an early years childminder agency at any time
when the Secretary of State requires the Chief Inspector to
secure its inspection, and
40
(b)
may inspect an early years childminder agency at any other
time when the Chief Inspector considers that it would be
appropriate for it to be inspected.

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 2 — Early years childminder agencies
157

(2)
For the purposes of an inspection under this section, the Chief
Inspector may inspect early years provision provided by early years
providers who are registered with the early years childminder
agency for the purposes of Chapter 2.
(3)
The Chief Inspector may charge a prescribed fee for conducting an
5
inspection of an early 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 an early years
10
childminder agency to notify prescribed persons of the fact that it is
to be inspected under this section.
51E
Reports of inspections
(1)
After conducting an inspection under section 51D, the Chief
Inspector must make a report in writing on—
15
(a)
the quality and standards of the services offered by the early
years childminder agency to early years providers registered
with it, and
(b)
the quality of leadership and management in the early years
childminder agency.
20
(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
25
the early 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
30
published in any manner the Chief Inspector considers
appropriate.
(3)
Regulations may make provision—
(a)
requiring the early years childminder agency to make a copy
of any report sent to it under subsection (2)(b) available for
35
inspection by prescribed persons;
(b)
requiring the agency, except in prescribed cases, to provide a
copy of the report to prescribed persons;
(c)
authorising the agency in prescribed cases to charge a fee for
providing a copy of the report.
40
False representations
51F
False representations
(1)
A person who without reasonable excuse falsely represents that the
person is an early years childminder agency commits an offence.

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 3 — Later years childminder agencies
158

(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 3
Later years childminder agencies
5
12
In section 52 (requirement to register: later years childminders for children
under 8), in subsection (1) for “in Part A of the general childcare register as
a childminder” substitute “as a later years childminder—
(a)
in Part A of the general childcare register, or
(b)
with a later years childminder agency.”
10
13    (1)
Section 53 (requirement to register: other later years providers for children
under 8) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
A person may not provide, for a child who has not attained the age
of eight, later years provision on premises in England which are not
15
domestic premises unless the person is registered in Part A of the
general childcare register in respect of the premises.
(1A)
A person may not provide, for a child who has not attained the age
of eight, later years provision on domestic premises in England
which would be later years childminding but for section 96(9) unless
20
the person is registered—
(a)
in Part A of the general childcare register in respect of the
premises, or
(b)
with a later years childminder agency in respect of the
premises.”
25
      (3)
In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and
(1A) do”.
      (4)
In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.
      (5)
In subsection (5) after “subsection (1)” insert “or (1A)”.
30
14    (1)
Section 54 (applications for registration: later years childminders) is
amended as follows.
      (2)
In subsection (1) for “to the Chief Inspector for registration as a later years
childminder” substitute “—
(a)
to the Chief Inspector for registration as a later years
35
childminder in Part A of the general childcare register, or
(b)
to a later years childminder agency for registration with that
agency as a later years childminder.”
      (3)
In subsection (2)—
(a)
in paragraph (b) after “Chief Inspector” insert “or (as the case may
40
be) the later years childminder agency”, and
(b)
in paragraph (c) at the beginning insert “if it is an application to the
Chief Inspector,”.

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 3 — Later years childminder agencies
159

      (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)
the applicant is not disqualified from registration by
5
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
10
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 in Part A of
the general childcare register as a later years childminder if
15
the applicant is registered with a childminder agency;
(ab)
prohibiting the applicant from being registered with a later
years childminder agency as a later years childminder if the
applicant is registered—
(i)
with another childminder agency;
20
(ii)
in the early years register or the general childcare
register;”.
15    (1)
Section 55 (applications for registration: other later years providers) is
amended as follows.
      (2)
After subsection (1) insert—
25
“(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
in respect of the premises, or
30
(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)
in paragraph (b) after “Chief Inspector” insert “or (as the case may
35
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)
After subsection (4) insert—
40
“(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,

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 3 — Later years childminder agencies
160

(b)
it appears to the agency that the prescribed requirements for
registration are satisfied and are likely to continue to be
satisfied, and
(c)
it appears to the agency that any other reasonable
requirements it has imposed are satisfied and are likely to
5
continue to be satisfied.”
      (6)
In subsection (5), after paragraph (a) insert—
“(aa)
prohibiting the applicant from being registered in Part A of
the general childcare register as a later years provider other
than a childminder if the applicant is registered with a
10
childminder agency;
(ab)
prohibiting the applicant from being registered with a later
years childminder agency as a later years provider other than
a childminder if the applicant is registered—
(i)
with another childminder agency;
15
(ii)
in the early years register or the general childcare
register;”.
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)”.
20
17
After 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
25
agency 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—
30
(a)
register 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.
35
(3)
A 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
40
must give the registered later years provider an amended
certificate.”
18
In section 57 (special procedure for registered early years providers), in the
title for “registered early years providers” substitute “providers registered in
the early years register”.
45