Children and Families Bill (HL Bill 32)

Children and Families BillPage 170

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)
which subsection (3) does not require the Chief Inspector to grant.

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

(a) the applicant;

(b) any persons employed by the applicant;

(c) management and control of the applicant (where the
10applicant is not an individual);

(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) 15the 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 20Entry 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) 25give 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) 30If 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
35childminder 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
40Inspector 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
45registered.

(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

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they apply in relation to a certificate of registration given in
pursuance of subsection (1) of that section.

61D Conditions on registration

(1) The Chief Inspector may impose such conditions as the Chief
5Inspector 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
when the Chief Inspector registers the person in pursuance of section
61B or 61C or at any subsequent time.

(3) 10The 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
imposed under subsection (1).

(5) 15A 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 Inspections of later years childminder agencies

(1) 20The 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) may inspect a later years childminder agency at any other
25time 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
providers who are registered with the later years childminder
30agency 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) the Chief Inspector is required by the Secretary of State under
35subsection (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 Reports of inspections

(1) 40After 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
with it, and

Children and Families BillPage 172

(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
5must 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,

(c) must ensure that copies of the report, or such parts of it as the
10Chief 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
published in any manner the Chief Inspector considers
appropriate.

(3) 15Regulations 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
inspection by prescribed persons;

(b) requiring the agency, except in prescribed cases, to provide a
20copy of the report to prescribed persons;

(c) authorising the agency in prescribed cases to charge a fee for
providing a copy of the report.

False representations
61G False representations

(1) 25A 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
summary conviction to a fine not exceeding level 5 on the standard
scale.

30Part 4 Voluntary registration with childminder agency

27 The Childcare Act 2006 is amended as follows.

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

29 35After section 65 insert—

Voluntary registration of persons registered with childminder agencies

65A Procedure for persons already registered with a childminder agency

(1) A person who is registered as an early years childminder with an
early years childminder agency or as a later years childminder with
40a 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—

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(a) later 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
5the person is not required to be registered under Chapter 2 or
3.

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

(a) register the person in the register maintained by the agency
10as a childminder registered under this Chapter, and

(b)
give the person a certificate of registration stating that he or
she is so registered.

(3) A person who is registered as an early years provider (other than a
childminder) with an early years childminder agency or as a later
15years 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
in respect of the provision on the same premises of—

(a) later years provision (other than later years childminding) for
20a 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
not attained that age but in respect of which the person is not
required to be registered under Chapter 2 or 3.

(4) 25If a person gives notice to an agency under subsection (3), the agency
must—

(a) register the person in the register maintained by the agency
as a provider of childcare (other than a childminder)
registered under this Chapter, in respect of the premises, and

(b)
30give 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
subsection (2) or (4) must contain prescribed information about
prescribed matters.

(6) 35If 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 In 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) 40Section 67 (regulations governing activities) is amended as follows.

(2) In subsection (4)—

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

(b) omit “his”.

(3) 45In subsection (5)—

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

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(b) omit “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
5childminder agencies in the exercise of functions under this
Part,.

Part 5 Provisions applying in relation to all childminder agencies

32 The Childcare Act 2006 is amended as follows.

33 (1) 10Section 68 (cancellation of registration) is amended as follows.

(2) In 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
15register”, and

(b) in 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) 20In subsection (4) for “as a later years childminder under Chapter 3”
substitute “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) 25In subsection (6) after “or 4” insert “in the early years register or the general
childcare 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) 30In subsection (1) after “or 4” insert “in the early years register or the general
childcare 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) 35In subsection (4) for “as a later years childminder under Chapter 3”
substitute “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
40years register as an early years provider (other than an early years
childminder)”.

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(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) 5In the title, at the end insert “in a childcare register: early years and later
years providers”.

35 After section 69 insert—

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

(1) 10Regulations may make provision about the cancellation, termination
and 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) 15about the termination by an early years provider or a later
years 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
20provider or a later years provider and an early years
childminder 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) 25punishable only with a fine not exceeding the level specified
in 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) 30The 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
by regulations under section 76A.

(2) 35The 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—

(a) that the prescribed requirements for registration which apply
40in 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,

(c) that the person has failed to comply with a requirement
45imposed 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

Children and Families BillPage 176

(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
5childminder agency, the person’s registration may not be cancelled
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
10changes or additions not having been made.

(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
15the agency for the purposes of Chapter 2, 3 or 4.

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
20period in prescribed circumstances.

(2) Regulations 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
25effect 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.

(4) A person registered under Chapter 2A as an early years childminder
30agency 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,
or

(b) 35represent 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
section—

(a) 40exercise 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).

(7) A person guilty of an offence under subsection (6) is liable on
45summary conviction to a fine not exceeding level 5 on the standard
scale.

37 (1) Section 70 (voluntary removal from register) is amended as follows.

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(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 5Voluntary 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
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
10childcare 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
be) from Part A of the general childcare register.

(3) The Chief Inspector must not act under subsection (2) if—

(a) 15the 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) the Chief Inspector has not decided that he or she no longer
intends to take that step.

(4) 20The 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
25brought 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
period), in the title after “registration” insert “in Part B of the general
childcare register”.

40 30In 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) In subsection (3)(b) for “his” substitute “the person’s”.

(3) In subsection (4) for “he” substitute “the applicant or registered person”.

(4) 35In subsection (5)—

(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
40recipient”.

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

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

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42 (1) Section 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) 5in 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”.

43 In the italic heading before section 75 (disqualification from registration), at
10the 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) Section 76 (consequences of disqualification) is amended as follows.

(2) In subsection (1)—

(a) 15in 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

(b) after paragraph (b) insert , or

(c) 20be 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.

(4) In subsection (3)—

(a) 25omit 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
section applies;

(b) 30in connection with the exercise of the functions of an
early years childminder agency or a later years
childminder agency.

(5) After subsection (3) insert—

(3A) An early years childminder agency must not register for the
35purposes 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
regulations under section 75.

(3C) 40An 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)”.

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(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) 5A 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
registered by A was disqualified from registration.

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

46 10After section 76 insert—

Disqualification from registration: childminder agencies

76A Disqualification from registration: childminder agencies

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

(2) 15Regulations may provide for a person to be disqualified from
registration.

(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
20section 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) the Chief Inspector has consented in writing to the person‘s
not being disqualified from registration and has not
25withdrawn the consent.

76B Consequences of disqualification: childminder agencies

(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
30or 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
years childminder agency or a later years childminder
agency, or otherwise work for such an agency.

(2) 35A person who is disqualified from registration by regulations under
section 76A also must not—

(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
40later 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
summary conviction to imprisonment for a term not exceeding 51