Children and Families Bill (HL Bill 59)

(a) the applicant is not disqualified from registration by
regulations under section 76A, and

(b) it appears to the Chief Inspector that any requirements
prescribed for the purposes of this subsection (“the
5prescribed 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) The prescribed requirements for registration may include
10requirements relating to—

(a) the applicant;

(b) any persons employed by the applicant;

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

(d) 15the provision to the Chief Inspector of information about
early years providers registered with the applicant;

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

(f) the applicant’s arrangements in relation to training and
20monitoring early years providers and providing such
persons with information, advice and assistance;

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

51B Entry on the register and certificates

(1) 25If an application under section 51A is granted, the Chief Inspector
must—

(a) register the applicant in the early years register as an early
years childminder agency, and

(b) give the applicant a certificate of registration stating that the
30applicant 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) If there is a change of circumstances which requires the amendment
35of a certificate of registration, the Chief Inspector must give the early
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 early years
childminder agency a copy, on payment by the agency of any
40prescribed fee.

51C Conditions on registration

(1) The Chief Inspector may impose such conditions as the Chief
Inspector thinks fit on the registration of an early years childminder
agency under this Chapter.

(2) 45The power conferred by subsection (1) may be exercised at the time
when the Chief Inspector registers the person in pursuance of section
51B or at any subsequent time.

(3) The Chief Inspector may at any time vary or remove any condition
imposed under subsection (1).

(4) An early 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

51D 10Inspections of early years childminder agencies

(1) The Chief Inspector—

(a) must inspect an early years childminder agency at any time
when the Secretary of State requires the Chief Inspector to
secure its inspection, and

(b) 15may inspect an early 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 early years provision provided by early years
20providers who are registered with the early years childminder
agency for the purposes of Chapter 2.

(3) The Chief Inspector may charge a prescribed fee for conducting an
inspection of an early 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 an early years
childminder agency to notify prescribed persons of the fact that it is
to be inspected under this section.

51E 30Reports of inspections

(1) After conducting an inspection under section 51D, the Chief
Inspector must make a report in writing on—

(a) the quality and standards of the services offered by the early
years childminder agency to early years providers registered
35with it, and

(b) the quality of leadership and management in the early 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 early years childminder agency,

(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 early 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

51F False representations

(1) A person who without reasonable excuse falsely represents that the
person is an early 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 3 Later years childminder agencies

14 The Childcare Act 2006 is amended as follows.

15 25In section 52 (requirement to register: later years childminders for children
under 8), in subsection (1) for “in Part A of the general childcare register as
a childminder” substitute “as a later years childminder—

(a) in Part A of the general childcare register, or

(b) with a later years childminder agency.”

16 (1) 30Section 53 (requirement to register: other later years providers for children
under 8) is amended as follows.

(2) For subsection (1) substitute—

“(1) A person may not provide, for a child who has not attained the age
of eight, later years provision on premises in England which are not
35domestic premises unless the person is registered in Part A of the
general childcare register in respect of the premises.

(1A) A person may not provide, for a child who has not attained the age
of eight, later years provision on domestic premises in England
which would be later years childminding but for section 96(9) unless
40the person is registered—

(a) in Part A of the general childcare register in respect of the
premises, or

(b) with a later years childminder agency in respect of the
premises.”

(3) In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and
(1A) do”.

(4) 5In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.

(5) In subsection (5) after “subsection (1)” insert “or (1A)”.

17 (1) Section 54 (applications for registration: later years childminders) is
amended as follows.

(2) 10In subsection (1) for “to the Chief Inspector for registration as a later years
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
15agency 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
20Chief 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) 25the 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) 30it 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
35the 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) 40with 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) After 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) 5to the Chief Inspector for registration as a later years provider
in 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) 10after “subsection (1)” insert “or (1A)”,

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

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

(4) 15In subsections (3) and (4), after “subsection (1)” insert “or (1A)(a)”.

(5) After subsection (4) insert—

“(4A) A later years childminder agency may grant an application under
subsection (1A)(b) only if—

(a) the applicant is not disqualified from registration by
20regulations 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) it appears to the agency that any other reasonable
25requirements 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
the general childcare register as a later years provider other
30than a 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 provider other than
a childminder if the applicant is registered—

(i) 35with another childminder agency;

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

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) 40In subsection (2) after “section 55(1)” insert “or (1A)(a)”.

20 After section 56 insert—

“56A Later 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) give the applicant a certificate of registration stating that he
or she is so registered.

(2) 5If 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
agency as a later years provider other than a childminder, in
respect of the premises in question, and

(b) 10give the applicant a certificate of registration stating that he
or she is so registered.

(3) A certificate of registration given to the applicant in pursuance of
subsection (1) or (2) must contain prescribed information about
prescribed matters.

(4) 15If there is a change of circumstances which requires the amendment
of 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
20title for “registered early years providers” substitute “providers registered in
the early years register”.

22 After section 57 insert—

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

(1) 25Subsection (2) applies where—

(a) a 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
30provide later years childminding in respect of which he or she is
required 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
35she is so registered.

(3) Subsection (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) 40that agency is also a later years childminder agency.

(4) If 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) 45register the person in the register maintained by the agency
as 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
of registration given in pursuance of subsection (2) or (4) of this
5section 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) Section 59 (regulations governing activities) is amended as follows.

(2) 10In subsection (4)—

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

(b) omit “his”.

(3) In subsection (5)—

(a) 15after “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) 20by 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)
25insert—

“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
30registration 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) 35be 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) 40it 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)
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

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

(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—