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 5 — Provisions applying in relation to all childminder agencies
168

(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.”
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
Inspector—
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
Chapter, or
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
expired, and
(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
suspension.

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
169

(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
section—
(a)
exercise any functions of an early years childminder agency,
10
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
15
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).
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
scale.”
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
years providers”.
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
childcare register.
(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—

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
170

(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
childcare register”.
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”.
      (4)
In subsection (5)—
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
recipient”.
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.
      (2)
In subsection (1)—
(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
providers”.
40    (1)
Section 76 (consequences of disqualification) is amended as follows.
35
      (2)
In subsection (1)—
(a)
in paragraph (a) after “34(1)” insert “or (1A)”, and
(b)
in paragraph (c) after “53(1)” insert “or (1A)”.
      (3)
In subsection (2)—
(a)
after paragraph (a) omit “or”, and
40

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
171

(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
agency.”
5
      (4)
In subsection (3)—
(a)
omit the words from “, in connection” to “applies,”, and
(b)
after “75” insert—
“(a)
in connection with the provision of early years
provision or later years provision to which this
10
section applies;
(b)
in connection with the exercise of the functions of an
early years childminder agency or a later years
childminder agency.”
      (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
      (7)
In subsection (6)—
(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
3A.
(2)
Regulations may provide for a person to be disqualified from
40
registration.

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
172

(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
withdrawn the consent.
76B
Consequences of disqualification: childminder agencies
10
(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, 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
both.
(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.
      (2)
In subsection (1)—
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”.

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
173

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
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—
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
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;
35
(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
40
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
45
section as it applies for the purposes of Part 1 of that Act.

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
174

(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.
5
(10)
In this section, “documents” and “records” each include information
recorded in any form.
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
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).”
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
follows.
      (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
agency,”.
      (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
amended as follows.
      (2)
In subsection (4)—
(a)
after “in which” insert “—
(a)
”, and
(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”.