Children and Families Bill

Session 2012 - 13
Internet Publications
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 3 — Later years childminder agencies
161

19
After section 57 insert—
“57A
Special procedure for providers registered with early years
childminder agencies
(1)
Subsection (2) applies where—
(a)
a person is registered with an early years childminder agency
5
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—
10
(a)
register the person in the register maintained by the agency
as a later years childminder, and
(b)
give the person a certificate of registration stating that he or
she is so registered.
(3)
Subsection (4) applies where—
15
(a)
a person is registered with an early years childminder agency
in respect of particular premises 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
20
provide later years provision in respect of which he or she is required
to be registered under this Chapter on the same premises, the agency
must—
(a)
register the person in the register maintained by the agency
as a later years provider other than a childminder, in respect
25
of the premises, 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
30
section as they apply in relation to a certificate of registration given
in pursuance of subsection (1) or (2) of that section.”
20
In section 58 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in Part A of the general childcare register”.
21    (1)
Section 59 (regulations governing activities) is amended as follows.
35
      (2)
In subsection (4)—
(a)
after “Chief Inspector” insert “or later years childminder agencies”,
and
(b)
omit “his”.
      (3)
In subsection (5)—
40
(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)

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 3 — Later years childminder agencies
162

insert—
“(aa)
by later years childminder agencies in the exercise of
functions under this Part,”.
22
In section 60 (inspections), in subsection (1) for “under this Chapter”
substitute “in Part A of the general childcare register”.
5
23
After Chapter 3 (regulation of later years provision for children under 8)
insert—
“Chapter 3A
Regulation of later years childminder agencies
Process of registration
10
61A
Applications for registration
(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,
15
(b)
give any other information which the Chief Inspector
reasonably 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—
20
(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
25
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—
30
(a)
the applicant;
(b)
any 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
35
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
40
persons with information, advice and assistance;
(g)
the applicant’s arrangements for ensuring that later years
provision is of a sufficient standard.

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 3 — Later years childminder agencies
163

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
register as a later years childminder agency, and
5
(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.
10
(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
15
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
Inspector of a wish to be a later years childminder agency the Chief
20
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
25
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.
30
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)
The power conferred by subsection (1) may be exercised at the time
35
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
40
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.
45

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 3 — Later years childminder agencies
164

Inspections
61E
Inspections of later years childminder agencies
(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
5
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
10
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—
15
(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
20
inspected under this section.
61F
Reports of inspections
(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
25
years childminder agency to later years providers registered
with it, and
(b)
the quality of leadership and management in the later years
childminder agency.
(2)
The Chief Inspector—
30
(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,
35
(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
40
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;
45
(b)
requiring the agency, except in prescribed cases, to provide a
copy of the report to prescribed persons;

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 4 — Voluntary registration with childminder agency
165

(c)
authorising 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
5
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.”
Part 4
10
Voluntary registration with childminder agency
24
In section 65 (special procedure for persons already registered), in the title,
at the end insert “in a childcare register”.
25
After section 65 insert—
“Voluntary registration of persons registered with childminder agencies
15
65A
Procedure for persons already registered with a childminder agency
(1)
A person who is registered as an early years childminder with an
early years childminder agency or as a later years 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 the
20
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
25
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
30
as a childminder registered under this Chapter, 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
35
years provider (other than a childminder) with a later years
childminder agency in respect of particular premises may give notice
to the agency that he or she wishes to be registered with the agency
in respect of the provision on the same premises of—
(a)
later years provision (other than later years childminding) for
40
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

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 5 — Provisions applying in relation to all childminder agencies
166

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
5
as a provider of childcare (other than a childminder)
registered under this Chapter, in respect of the premises, 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
10
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.”
15
26
In section 66 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in Part B of the general childcare register”.
27    (1)
Section 67 (regulations governing activities) is amended as follows.
      (2)
In subsection (4)—
(a)
after “Chief Inspector” insert “, early years childminder agencies or
20
later years childminder agencies”, and
(b)
omit “his”.
      (3)
In subsection (5)—
(a)
after “Chief Inspector” insert “, early years childminder agencies or
later years childminder agencies”, and
25
(b)
omit “his”.
      (4)
In subsection (6) after paragraph (a) (and before the “or” which follows it)
insert—
“(aa)
by early years childminder agencies or later years
childminder agencies in the exercise of functions under this
30
Part,”.
Part 5
Provisions applying in relation to all childminder agencies
28    (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
35
childcare register”.
      (3)
In subsection (2)—
(a)
after “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”.
40
      (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
childminder”.

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 5 — Provisions applying in relation to all childminder agencies
167

      (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 (5) for “as a childminder under Chapter 4” substitute “under
Chapter 4 in Part B of the general childcare register as a childminder”.
5
      (7)
In subsection (6) after “or 4” insert “in the early years register or the general
childcare register”.
      (8)
In the title, at the end insert “in a childcare register: early years and later
years providers”.
29    (1)
Section 69 (suspension of registration) is amended as follows.
10
      (2)
In subsection (1) after “or 4” insert “in the early years register or the general
childcare 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”.
15
      (4)
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”.
      (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
20
years register as an early years provider (other than an early years
childminder)”.
      (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
25
childminder)”.
      (7)
In the title, at the end insert “in a childcare register: early years and later
years providers”.
30
After section 69 insert—
“69A
Cancellation, termination and suspension of registration with a
30
childminder agency
(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
35
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;
40
(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 made by virtue of subsection (1)(b) may only create
offences which are—
45