(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.

(4) 5Regulations 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.

69C 10Suspension 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.

(2) 15Regulations under subsection (1) must include provision conferring
on the registered person a right of appeal to the Tribunal against
suspension.

(3) Regulations under subsection (1) may make provision about the
effect of the suspension of the registration of an early years
20childminder 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.

(4) A person registered under Chapter 2A as an early years childminder
agency may not, at any time when the person’s registration under
25that Chapter is suspended in accordance with regulations under this
section—

(a) exercise any functions of an early years childminder agency,
or

(b) represent that the person may exercise such functions.

(5) 30A 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
section—

(a) exercise any functions of a later years childminder agency, or

(b) 35represent that the person may exercise such functions.

(6) A person commits an offence if, without reasonable excuse, the
person contravenes subsection (4) or (5).

(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
40scale.”

37 (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”.

(3) In the title for “register” substitute “a childcare register: early years and later
years providers”.

38 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
childminder agency or a later years childminder agency may give
5notice 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
remove the person from the early years register or (as the case may
10be) 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
the person’s registration, and

(b) 15the 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
20person’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
brought, it has not been determined.”

39 In section 71 (termination of voluntary registration on expiry of prescribed
25period), in the title after “registration” insert “in Part B of the general
childcare register”.

40 In section 72 (protection of children in an emergency), in subsection (1) after
“or 4” insert “in the early years register or the general childcare register”.

41 (1) Section 73 (procedure for taking certain steps) is amended as follows.

(2) 30In 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)—

(a) for “he” substitute “the recipient”, and

(b) for “him” substitute “the recipient”.

(5) 35In subsection (6) for “his” substitute “the recipient’s”.

(6) In subsection (7) for “he” (in the second place it occurs) substitute “the
recipient”.

(7) In subsection (9) for “he” substitute “the person”.

(8) In subsection (10) for “his” substitute “the”.

42 (1) 40Section 74 (appeals) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “his” substitute “the”,

(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) 5In the title, at the end insert “relating to registration in a childcare register”.

43 In the italic heading before section 75 (disqualification from registration), at
the end insert “: early years and later years providers”.

44 In the title of section 75, at the end insert “: early years and later years
providers”.

45 (1) 10Section 76 (consequences of disqualification) is amended as follows.

(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) 15after paragraph (a) omit “or”, and

(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
20agency.”

(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
25provision or later years provision to which this
section applies;

(b) in connection with the exercise of the functions of an
early years childminder agency or a later years
childminder agency.”

(5) 30After subsection (3) insert—

“(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
35of Chapter 3 a person who is disqualified from registration by
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) 40In subsection (4), for “or (3)” substitute “, (3), (3A), (3B) or (3C)”.

(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
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
5registered by A was disqualified from registration.”

(9) In the title, at the end insert “: early years and later years providers”.

46 After section 76 insert—

“Disqualification from registration: childminder agencies

76A Disqualification from registration: childminder agencies

(1) 10In this section, “registration” means registration under Chapter 2A or
3A.

(2) Regulations may provide for a person to be disqualified from
registration.

(3) Regulations under subsection (2) may provide for a person not to be
15disqualified 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—

(a) the person has disclosed the fact to the Chief Inspector, and

(b) 20the 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

(1) A person who is disqualified from registration by regulations under
25section 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

(c) be a member, director, manager or other officer of an early
30years 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—

(a) provide early years provision or later years provision to
35which 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.

(4) A person guilty of an offence under subsection (3) is liable on
40summary 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
section 281(5) of the Criminal Justice Act 2003 (c 44)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.”

47 (1) Section 77 (powers of entry) is amended as follows.

(2) In subsection (1)—

(a) 5after “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”.

48 10For the title of section 78 substitute “Powers of entry under section 77:
requirement for consent”.

49 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
15in England if the Chief Inspector has reasonable cause to believe that
a person on the premises is falsely representing—

(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
20in England which is registered in—

(a) the early years register as premises of an early years
childminder agency, or

(b) Part A of the general childcare register as premises of a later
years childminder agency,

25for any of the purposes in subsection (3).

(3) Those purposes are—

(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) 30An authorisation given by the Chief Inspector under paragraph 9(1)
of Schedule 12 to the Education and Inspections Act 2006 in relation
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) 35A person entering premises under this section may (subject to any
conditions imposed under subsection (4)(b))—

(a) inspect the premises;

(b) inspect, and take copies of—

(i) any records kept concerning early years providers or
40later years providers, and

(ii) any other documents containing information relating
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;

(d) take measurements and photographs or make recordings;

(e) interview in private any person present on the premises who
5works there.

(6) A person entering premises under this section may (subject to any
conditions imposed under subsection (4)(b)) require any person to
afford such facilities and assistance with respect to matters within
the person’s control as are necessary to enable the powers under this
10section 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
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
15power 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.

(10) In this section, “documents” and “records” each include information
20recorded 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
entry conferred by section 78A(2).

(2) 25If 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

(b) is not a member, director, manager or other officer of the
30agency,

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).”

50 In section 79 (power of constable to assist in exercise of powers of entry), in
35subsection (2), in paragraph (a) after “77” insert “or 78A”.

51 (1) Section 82 (supply of information to the Chief Inspector), is amended as
follows.

(2) The existing provision becomes subsection (1).

(3) In that subsection, after “later years provider” insert “, or (as the case may
40be) 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
to require an early years childminder agency or a later years
45childminder 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.”

52 (1) Section 83 (supply of information to HMRC and local authorities) is
amended as follows.

(2) 5In subsection (4)—

(a) after “in which” insert “—

(a)”, and

(b) after “registered” insert “;

(b) registered premises of the early years childminder
10agency 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”.

53 After section 83 insert—

“83A Supply of information to the Secretary of State, HMRC and local
15authorities by childminder agencies

(1) An early years childminder agency or a later years childminder
agency must provide prescribed information to the Secretary of
State, Her Majesty‘s Revenue and Customs, and each relevant local
authority, if it—

(a) 20grants a person’s application for registration for the purposes
of Chapter 2, 3 or 4;

(b) takes any other steps under this Part of a prescribed
description.

(2) The information which may be prescribed for the purposes of this
25section is—

(a) in the case of information to be provided to the Secretary of
State, information which the Secretary of State may require
for the purposes of the Secretary of State’s functions in
relation to universal credit under Part 1 of the Welfare
30Reform Act 2012;

(b) in the case of information to be provided to Her Majesty’s
Revenue and Customs, information which Her Majesty’s
Revenue and Customs may require for the purposes of their
functions in relation to tax credits;

(c) 35in the case of information to be provided to a relevant local
authority, information which would assist the local authority
in the discharge of their functions under section 12.

(3) In this section, “relevant local authority” means an English local
authority for an area in which a person who is (or, as the case may
40be, was) registered with the early years childminder agency or later
years childminder agency for the purposes of Chapter 2 or 3
provides (or has provided) early years provision or later years
provision in respect of which he or she is (or was) registered.”

54 In the title of section 84 (disclosure of information for certain purposes), at
45the end insert “: the Chief Inspector”.

55 After section 84 insert—

“84A Disclosure of information for certain purposes: childminder agencies

(1) An early years childminder agency or a later years childminder
agency may arrange for prescribed information held by the agency
5in relation to persons registered with the agency under this Part to be
made available for the purpose of—

(a) assisting parents or prospective parents in choosing an early
years provider or later years provider, or

(b) protecting children from harm or neglect.

(2) 10The information may be made available in such manner and to such
persons as the agency considers appropriate.

(3) Regulations may require an early years childminder agency or a later
years childminder agency to provide prescribed information held by
the agency in relation to persons registered with the agency under
15this Part to prescribed persons for either of the purposes mentioned
in subsection (1).”

56 In section 85 (offence of making false or misleading statement), in subsection
(1) for “he” substitute “the person”.

57 In section 89 (fees), in subsection (1) after “to 4” insert “in the early years
20register or the general childcare register”.

58 (1) Section 90 (cases where consent to disclosure is withheld) is amended as
follows.

(2) In subsection (1)—

(a) in paragraph (a) for “Chapter 2, 3 or 4” substitute “any of Chapters 2
25to 4”, and

(b) in paragraph (b) after “68(2)(a)” insert “or 69B(2)(a)”.

(3) In subsection (2)(b) omit “his” in both places it occurs.

59 (1) Section 93 (notices) is amended as follows.

(2) In subsection (1)—

(a) 30after paragraph (a) insert—

“(aa) section 57A(2) and (4);

(ab) section 61C(1);”, and

(b) after paragraph (b) insert—

“(ba) section 65A(1) and (3);”.

(3) 35In subsection (2)(a) for “him” substitute “the person”.

(4) In subsection (4)—

(a) in paragraph (a) for “his” substitute “a”, and

(b) in paragraph (b) omit “by him”.

60 In section 94 (power to amend Part 3: applications in respect of multiple
40premises), in paragraph (a)—

(a) after “36(1)” insert “or (1A)”, and

(b) after “55(1)” insert “or (1A)”.

61 (1) Section 98 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “childcare” insert—

• ““childminder agency” means—

  (a)

  an early years childminder agency;

  (b)

  5a later years childminder agency;”,

(b) after the definition of “domestic premises” insert—

• ““early years childminder agency” means a person
  registered in the early years register as an early years
  childminder agency;”, and

(c) 10before the definition of “later years provision” insert—

• ““later years childminder agency” means a person
  registered in Part A of the general childcare register as
  a later years childminder agency;”.

(3) After that subsection insert—

“(1A) 15A person is registered for the purposes of this Part if that person is
registered—

(a) in the early years register,

(b) in the general childcare register, or

(c) with an early years childminder agency or a later years
20childminder agency.”

Part 6 Other amendments

62 In section 99 of the Childcare Act 2006 (provision of information about
young children: England), in subsection (1) after paragraph (a) (and before
25the “and” which follows it) insert—

“(aa) a person registered as an early years childminder agency
under Chapter 2A of Part 3,”.

63 In the Employment Agencies Act 1973, in section 13(7) (exemptions) after
paragraph (c) insert—

“(ca) 30an early years childminder agency or a later years
childminder agency (as defined in section 98 of the Childcare
Act 2006);”.

Section 85

SCHEDULE 5 Children’s Commissioner: minor and consequential amendments

35Inquiries

1 (1) Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is
amended as follows.

(2) Omit subsection (3) (requirement to consult the Secretary of State before
holding an inquiry).

(3) 40In subsection (7) for “under any enactment” substitute “of a public nature”.

2 (1) Section 4 of the Children Act 2004 (inquiries held on the direction of the
Secretary of State) is repealed.

(2) In consequence of sub-paragraph (1), omit the following provisions of the
Children Act 2004—

(a) 5section 5(6) and (7) (inquiries in Wales),

(b) section 6(7) to (9) (inquiries in Scotland), and

(c) section 7(7) to (9) (inquiries in Northern Ireland).

Functions of Commissioner: children in Wales, Scotland and Northern Ireland

3 (1) Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is
10amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Wales” substitute “promoting and protecting the rights of
children in Wales”.

(3) After subsection (1) insert—

“(1A) 15The function under subsection (1) includes promoting awareness of
the views and interests of children in Wales.”

(4) For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
20subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
substituted “in Wales, except in so far as relating to any
matter falling within the remit of the Children’s
25Commissioner for Wales under section 72B, 73 or 74 of the
Care Standards Act 2000,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
30were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

4 (1) 35Section 6 of the Children Act 2004 (functions of Commissioner in Scotland)
is amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Scotland in relation to reserved matters” substitute “promoting
and protecting the rights of children in Scotland where those rights are or
40may be affected by reserved matters”.

(3) After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Scotland.”