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 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”.

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 26 April 2013