|
| |
|
(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 |
| |
| |
31 | After section 69A (as inserted by paragraph 30) insert— |
| 5 |
“69B | Cancellation of registration: childminder agencies |
| |
(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 |
| 10 |
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 |
| |
| 15 |
(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, |
| 20 |
(c) | that the person has failed to comply with a requirement |
| |
imposed by regulations under that Chapter, |
| |
(d) | that the person has failed to comply with a requirement |
| |
imposed by this Chapter, or by regulations under this |
| |
| 25 |
(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 |
| 30 |
on the ground of any defect or insufficiency in the services, if— |
| |
(a) | the time set for complying with the requirements has not |
| |
| |
(b) | it is shown that the defect or insufficiency is due to the |
| |
changes or additions not having been made. |
| 35 |
(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. |
| 40 |
69C | Suspension of registration: childminder agencies |
| |
(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. |
| 45 |
(2) | Regulations under subsection (1) must include provision conferring |
| |
on the registered person a right of appeal to the Tribunal against |
| |
| |
|
| |
|
| |
|
(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. |
| 5 |
(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 |
| |
| |
(a) | exercise any functions of an early years childminder agency, |
| 10 |
| |
(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 |
| 15 |
| |
(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). |
| 20 |
(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 |
| |
| |
32 (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”. |
| 25 |
(3) | In the title for “register” substitute “a childcare register: early years and later |
| |
| |
33 | 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 |
| 30 |
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 |
| |
| |
(2) | If a person gives notice under subsection (1) the Chief Inspector must |
| 35 |
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 |
| 40 |
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 |
| 5 |
brought, it has not been determined.” |
| |
34 | In section 71 (termination of voluntary registration on expiry of prescribed |
| |
period), in the title after “registration” insert “in Part B of the general |
| |
| |
35 | In section 72 (protection of children in an emergency), in subsection (1) after |
| 10 |
“or 4” insert “in the early years register or the general childcare register”. |
| |
36 (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”. |
| |
| 15 |
(a) | for “he” substitute “the recipient”, and |
| |
(b) | for “him” substitute “the recipient”. |
| |
(5) | In subsection (6) for “his” substitute “the recipient’s”. |
| |
(6) | In subsection (7) for “he” (in the second place it occurs) substitute “the |
| |
| 20 |
(7) | In subsection (9) for “he” substitute “the person”. |
| |
(8) | In subsection (10) for “his” substitute “the”. |
| |
37 (1) | Section 74 (appeals) is amended as follows. |
| |
| |
(a) | in paragraph (a) for “his” substitute “the”, |
| 25 |
(b) | in paragraph (b) for “his” substitute “the person’s”, |
| |
(c) | in paragraph (c) for “his” substitute “the person’s”, and |
| |
(d) | in 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”. |
| 30 |
38 | In the italic heading before section 75 (disqualification from registration), at |
| |
the end insert “: early years and later years providers”. |
| |
39 | In the title of section 75, at the end insert “: early years and later years |
| |
| |
40 (1) | Section 76 (consequences of disqualification) is amended as follows. |
| 35 |
| |
(a) | in paragraph (a) after “34(1)” insert “or (1A)”, and |
| |
(b) | in paragraph (c) after “53(1)” insert “or (1A)”. |
| |
| |
(a) | after paragraph (a) omit “or”, and |
| 40 |
|
| |
|
| |
|
(b) | after paragraph (b) insert “, or |
| |
(c) | be a member, director, manager or other officer of an |
| |
early years childminder agency or a later years |
| |
childminder agency, or otherwise work for such an |
| |
| 5 |
| |
(a) | omit the words from “, in connection” to “applies,”, and |
| |
| |
“(a) | in connection with the provision of early years |
| |
provision or later years provision to which this |
| 10 |
| |
(b) | in connection with the exercise of the functions of an |
| |
early years childminder agency or a later years |
| |
| |
(5) | After subsection (3) insert— |
| 15 |
“(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 |
| 20 |
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.” |
| |
(6) | In subsection (4), for “or (3)” substitute “, (3), (3A), (3B) or (3C)”. |
| 25 |
| |
(a) | After “A person” insert “(“A”)”, and |
| |
(b) | for “he” (in each place it occurs) substitute “A”. |
| |
(8) | After subsection (6) insert— |
| |
“(6A) | A person (“A”) who contravenes subsection (3A), (3B) or (3C) is not |
| 30 |
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.” |
| |
(9) | In the title, at the end insert “: early years and later years providers”. |
| |
41 | After section 76 insert— |
| 35 |
“Disqualification from registration: childminder agencies |
| |
76A | Disqualification from registration: childminder agencies |
| |
(1) | In this section, “registration” means registration under Chapter 2A or |
| |
| |
(2) | Regulations may provide for a person to be disqualified from |
| 40 |
| |
|
| |
|
| |
|
(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— |
| 5 |
(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 |
| |
| |
76B | Consequences of disqualification: childminder agencies |
| 10 |
(1) | A person who is disqualified from registration by regulations under |
| |
| |
(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, or |
| 15 |
(c) | be a member, director, manager or other officer of an early |
| |
years childminder agency or a later years childminder |
| |
agency, or otherwise work for such an agency. |
| |
(2) | A person who is disqualified from registration by regulations under |
| |
section 76A also must not— |
| 20 |
(a) | provide early years provision or later years provision to |
| |
which section 76 applies, or |
| |
(b) | be directly concerned in the management of early years or |
| |
later years provision to which section 76 applies. |
| |
(3) | A person who contravenes subsection (1) or (2) commits an offence. |
| 25 |
(4) | 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 |
| |
| |
(5) | In relation to an offence committed before the commencement of |
| 30 |
section 281(5) of the Criminal Justice Act 2003 (c 44) (alteration of |
| |
penalties for summary offences), the reference in subsection (4) to 51 |
| |
weeks is to be read as a reference to 6 months.” |
| |
42 (1) | Section 77 (powers of entry) is amended as follows. |
| |
| 35 |
(a) | after “34(1)” insert “or (1A)”, and |
| |
(b) | after “53(1)” insert “or (1A)”. |
| |
(3) | In subsection (2)(a) for “or 60” substitute “, 51D(2), 60 or 61E(2)”. |
| |
(4) | For the title substitute “Chief Inspector’s powers of entry: early years |
| |
provision and later years provision”. |
| 40 |
43 | For the title of section 78 substitute “Powers of entry under section 77: |
| |
requirement for consent”. |
| |
|
| |
|
| |
|
44 | After section 78 insert— |
| |
“78A | Chief Inspector’s powers of entry: childminder agencies |
| |
(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— |
| 5 |
(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 |
| 10 |
| |
(b) | Part A of the general childcare register as premises of a later |
| |
years childminder agency, |
| |
| for any of the purposes in subsection (3). |
| |
| 15 |
(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 |
| 20 |
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))— |
| 25 |
(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 |
| 30 |
| |
(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; |
| 35 |
(d) | take measurements and photographs or make recordings; |
| |
(e) | interview in private any person present on the premises who |
| |
| |
(6) | A person entering premises under this section may (subject to any |
| |
conditions imposed under subsection (4)(b)) require any person to |
| 40 |
afford such facilities and assistance with respect to matters within |
| |
the person’s control as are necessary to enable the powers under this |
| |
| |
(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 |
| 45 |
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 |
| |
| 5 |
(10) | In this section, “documents” and “records” each include information |
| |
| |
78B | Powers of entry under section 78A: requirement for consent |
| |
(1) | This section applies where a person (“the authorised person”) |
| |
proposes to enter domestic premises in pursuance of a power of |
| 10 |
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 |
| 15 |
(b) | is not a member, director, manager or other officer of the |
| |
| |
| 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).” |
| 20 |
45 | In section 79 (power of constable to assist in exercise of powers of entry), in |
| |
subsection (2), in paragraph (a) after “77” insert “or 78A”. |
| |
46 (1) | Section 82 (supply of information to the Chief Inspector), is amended as |
| |
| |
(2) | The existing provision becomes subsection (1). |
| 25 |
(3) | In that subsection, after “later years provider” insert “, or (as the case may |
| |
be) as an early years childminder agency or later years childminder |
| |
| |
(4) | After subsection (1) insert— |
| |
“(2) | The Chief Inspector’s power under subsection (1) includes a power |
| 30 |
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.” |
| |
47 (1) | Section 83 (supply of information to HMRC and local authorities) is |
| 35 |
| |
| |
(a) | after “in which” insert “— |
| |
| |
(b) | after “registered” insert “; |
| 40 |
(b) | registered premises of the early years childminder |
| |
agency or later years childminder agency are (or, as |
| |
the case may be, were) located.” |
| |
(3) | In the title, at the end insert “by the Chief Inspector”. |
| |
|
| |
|