Children and Families Bill (HC Bill 5)

Children and Families BillPage 160

childminder” substitute

(a) to the Chief Inspector for registration as a later years
childminder in Part A of the general childcare register, or

(b) to a later years childminder agency for registration with that
5agency as a later years childminder.

(3) In subsection (2)—

(a) in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the later years childminder agency”, and

(b) in paragraph (c) at the beginning insert “if it is an application to the
10Chief Inspector,”.

(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) 15the applicant is not disqualified from registration by
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) 20it appears to the agency that any other reasonable
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
25the general childcare register as a later years childminder if
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) 30with another childminder agency;

(ii) in the early years register or the general childcare
register;.

18 (1) Section 55 (applications for registration: other later years providers) is
amended as follows.

(2) 35After subsection (1) insert—

(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
40in respect of the premises, or

(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) 45in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the later years childminder agency”, and

Children and Families BillPage 161

(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—

(4A) 5A 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,

(b) it appears to the agency that the prescribed requirements for
10registration 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
continue to be satisfied.

(6) 15In 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
childminder agency;

(ab) 20prohibiting 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;

(ii) in the early years register or the general childcare
25register;.

19 (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 After section 56 insert—

56A 30Later 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
agency as a later years childminder, and

(b) 35give 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—

(a) register the applicant in the register maintained by the
40agency 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.

Children and Families BillPage 162

(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
5of a certificate of registration, the later years childminder agency
must give the registered later years provider an amended
certificate.

21 In section 57 (special procedure for registered early years providers), in the
title for “registered early years providers” substitute “providers registered in
10the early years register”.

22 After section 57 insert—

57A Special procedure for providers registered with early years
childminder agencies

(1) Subsection (2) applies where—

(a) 15a person is registered with an early years childminder agency
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
20required to be registered under this Chapter, the agency must—

(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) 25Subsection (4) applies where—

(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) 30If the person gives notice to the agency that he or she proposes to
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
35as a later years provider other than a childminder, in respect
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
40of registration given in pursuance of subsection (2) or (4) of this
section as they apply in relation to a certificate of registration given
in pursuance of subsection (1) or (2) of that section.

23 In section 58 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in Part A of the general childcare register”.

24 (1) 45Section 59 (regulations governing activities) is amended as follows.

(2) In subsection (4)—

Children and Families BillPage 163

(a) after “Chief Inspector” insert “or later years childminder agencies”,
and

(b) omit “his”.

(3) In subsection (5)—

(a) 5after “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)
insert—

(aa) 10by later years childminder agencies in the exercise of
functions under this Part,.

25 In section 60 (inspections), in subsection (1) for “under this Chapter”
substitute “in Part A of the general childcare register”.

26 After Chapter 3 (regulation of later years provision for children under 8)
15insert—

Regulation of later years childminder agencies

Process of registration
61A Applications for registration

(1) A person may make an application to the Chief Inspector for
20registration as a later years childminder agency.

(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) 25be accompanied by any prescribed fee.

(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) 30it appears to the Chief Inspector that any requirements
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)
35which subsection (3) does not require the Chief Inspector to grant.

(5) The prescribed requirements for registration may include
requirements relating to—

(a) the applicant;

(b) any persons employed by the applicant;

(c) 40management and control of the applicant (where the
applicant is not an individual);

Children and Families BillPage 164

(d) the provision to the Chief Inspector of information about
later years providers registered with the applicant;

(e) the applicant’s arrangements for registering later years
providers;

(f) 5the applicant’s arrangements in relation to training and
monitoring later years providers, and providing such
persons with information, advice and assistance;

(g) the applicant’s arrangements for ensuring that later years
provision is of a sufficient standard.

61B 10Entry 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

(b) 15give 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.

(3) 20If 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
25childminder 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
30Inspector 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
35registered.

(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.

61D 40Conditions 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
45when the Chief Inspector registers the person in pursuance of section
61B or 61C or at any subsequent time.

Children and Families BillPage 165

(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
reasonable excuse, the agency fails to comply with any condition
5imposed 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
61E 10Inspections 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
secure its inspection, and

(b) 15may 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
Inspector may inspect later years provision provided by later years
20providers 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—

(a) the inspection is conducted at the request of the agency, and

(b) 25the 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
inspected under this section.

61F 30Reports 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
years childminder agency to later years providers registered
35with it, and

(b) the quality of leadership and management in the later years
childminder agency.

(2) The Chief Inspector—

(a) may send a copy of the report to the Secretary of State and
40must 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,

Children and Families BillPage 166

(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
5published in any manner the Chief Inspector considers
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
10inspection 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.

15False representations
61G False representations

(1) A person who without reasonable excuse falsely represents that the
person is a later years childminder agency commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on
20summary conviction to a fine not exceeding level 5 on the standard
scale.

Part 4 Voluntary registration with childminder agency

27 The Childcare Act 2006 is amended as follows.

28 25In section 65 (special procedure for persons already registered), in the title,
at the end insert “in a childcare register”.

29 After section 65 insert—

Voluntary registration of persons registered with childminder agencies

65A Procedure for persons already registered with a childminder agency

(1) 30A 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
provision in England of—

(a) 35later 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
the person is not required to be registered under Chapter 2 or
403.

(2) If a person gives notice to an agency under subsection (1), the agency
must—

Children and Families BillPage 167

(a) register the person in the register maintained by the agency
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) 5A person who is registered as an early years provider (other than a
childminder) with an early years childminder agency or as a later
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
10in respect of the provision on the same premises of—

(a) later years provision (other than later years childminding) for
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
15not 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
20as 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
25subsection (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.

30 30In section 66 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in Part B of the general childcare register”.

31 (1) Section 67 (regulations governing activities) is amended as follows.

(2) In subsection (4)—

(a) after “Chief Inspector” insert “, early years childminder agencies or
35later 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

(b) 40omit “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
45Part,.

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Part 5 Provisions applying in relation to all childminder agencies

32 The Childcare Act 2006 is amended as follows.

33 (1) Section 68 (cancellation of registration) is amended as follows.

(2) 5In subsection (1) after “or 4” insert “in the early years register or the general
childcare register”.

(3) In subsection (2)—

(a) after “or 4” insert “in the early years register or the general childcare
register”, and

(b) 10in paragraph (d) after “Chapter 2” insert “in the early years register”.

(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”.

(5) In subsection (4) for “as a later years childminder under Chapter 3”
15substitute “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”.

(7) In subsection (6) after “or 4” insert “in the early years register or the general
20childcare register”.

(8) In the title, at the end insert “in a childcare register: early years and later
years providers”.

34 (1) Section 69 (suspension of registration) is amended as follows.

(2) In subsection (1) after “or 4” insert “in the early years register or the general
25childcare 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”.

(4) In subsection (4) for “as a later years childminder under Chapter 3”
30substitute “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
years register as an early years provider (other than an early years
35childminder)”.

(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
childminder)”.

(7) 40In the title, at the end insert “in a childcare register: early years and later
years providers”.

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35 After section 69 insert—

69A Cancellation, termination and suspension of registration with a
childminder agency

(1) Regulations may make provision about the cancellation, termination
5and 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
particular—

(a) about the termination by an early years provider or a later
10years provider of his or her registration;

(b) for the creation of offences relating to things done while a
registration is suspended;

(c) about the resolution of disputes between an early years
provider or a later years provider and an early years
15childminder agency or a later years childminder agency.

(2) Regulations made by virtue of subsection (1)(b) may only create
offences which are—

(a) triable only summarily, and

(b) punishable only with a fine not exceeding the level specified
20in the regulations, which may not exceed level 5 on the
standard scale.

36 After section 69A (as inserted by paragraph 35) insert—

69B Cancellation of registration: childminder agencies

(1) The Chief Inspector must cancel the registration of a person
25registered 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
by regulations under section 76A.

(2) The Chief Inspector may cancel the registration of a person
30registered under Chapter 2A or 3A as an early years childminder
agency or a later years childminder agency if it appears to the Chief
Inspector—

(a) that the prescribed requirements for registration which apply
in relation to the person’s registration under that Chapter
35have 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,

(c) that the person has failed to comply with a requirement
imposed by regulations under that Chapter,

(d) 40that the person has failed to comply with a requirement
imposed by this Chapter, or by regulations under this
Chapter, or

(e) that the person has failed to pay a prescribed fee.

(3) Where a requirement to make any changes or additions to any
45services 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
on the ground of any defect or insufficiency in the services, if—