Children and Families Bill (HL Bill 59)

(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

(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)”.

(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 by virtue of subsection (1) which make provision about
the suspension of the registration of an early years provider or a later
years provider with a childminder agency must include provision
25conferring on the registered provider a right of appeal to the
Tribunal against suspension.

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

(a) triable only summarily, and

(b) 30punishable 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) 35The 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) 40The 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
45in 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
imposed by regulations under that Chapter,

(d) 5that 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
10services 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—

(a) the time set for complying with the requirements has not
15expired, and

(b) it is shown that the defect or insufficiency is due to the
changes 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
20early 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 Suspension of registration: childminder agencies

(1) Regulations may provide for the registration of a person registered
25under 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) Regulations under subsection (1) must include provision conferring
on the registered person a right of appeal to the Tribunal against
30suspension.

(3) Regulations under subsection (1) may make provision about the
effect of the suspension of the registration of an early years
childminder agency or a later years childminder agency on an early
years provider or a later years provider registered with the agency
35for 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
that Chapter is suspended in accordance with regulations under this
section—

(a) 40exercise any functions of an early years childminder agency,
or

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

(5) A person registered under Chapter 3A as a later years childminder
agency may not, at any time when the person’s registration under
45that Chapter is suspended in accordance with regulations under this
section—

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

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

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

(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
5scale.”

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 10After 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
notice to the Chief Inspector of a wish to be removed from the early
15years 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
be) from Part A of the general childcare register.

(3) 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(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
25intends 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
person’s registration, and

(b) 30the 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
period), in the title after “registration” insert “in Part B of the general
35childcare 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) In subsection (3)(b) for “his” substitute “the person’s”.

(3) 40In 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) In 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) 5In subsection (10) for “his” substitute “the”.

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) 10in 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
15the 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) 20in paragraph (a) after “34(1)” insert “or (1A)”, and

(b) in paragraph (c) after “53(1)” insert “or (1A)”.

(3) After 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
25by 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) An early years childminder agency or a later years childminder
30agency must not register for the purposes of Chapter 4 a person who
is disqualified from registration by regulations under section 75.”

(4) In subsection (4), for “or (3)” substitute “, (3), (3A), (3B) or (3C)”.

(5) In subsection (6)—

(a) After “A person” insert “(“A”)”, and

(b) 35for “he” (in each place it occurs) substitute “A”.

(6) 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
40registered by A was disqualified from registration.”

(7) 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) 5In 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
10disqualified 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) 15the 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
20section 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,

(c) be a director, manager or other officer of, or partner in, an
25early years childminder agency or a later years childminder
agency, be a member of the governing body of such an
agency, or otherwise be directly concerned in the
management of such an agency, or

(d) work for such an agency in any capacity which involves
30entering premises on which early years provision or later
years provision is being provided.

(2) No early years childminder agency or later years childminder
agency may employ a person who is disqualified from registration
by regulations under section 76A in any capacity which involves—

(a) 35being directly concerned in the management of an early years
childminder agency or a later years childminder agency, or

(b) entering premises on which early years provision or later
years provision is being provided.

(3) A person who contravenes subsection (1) or (2) commits an offence.

(4) 40A person (“P”) who contravenes subsection (2) is not guilty of an
offence under subsection (3) if P proves that P did not know, and had
no reasonable grounds for believing, that the person whom P was
employing was disqualified from registration.

(5) A person guilty of an offence under subsection (3) is liable on
45summary 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.

(6) 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
5penalties for summary offences), the reference in subsection (5) 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) after “34(1)” insert “or (1A)”, and

(b) 10after “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 For the title of section 78 substitute “Powers of entry under section 77:
15requirement 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
in England if the Chief Inspector has reasonable cause to believe that
20a 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
in England which is registered in—

(a) 25the 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,

for any of the purposes in subsection (3).

(3) 30Those 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) An authorisation given by the Chief Inspector under paragraph 9(1)
35of 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) A person entering premises under this section may (subject to any
40conditions imposed under subsection (4)(b))—

(a) inspect the premises;

(b) inspect, and take copies of—

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

(ii) any other documents containing information relating
to such providers;

(c)
seize and remove any document or other material or thing
found there which the person has reasonable grounds to
5believe 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
works there.

(6) 10A 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
section to be exercised.

(7) 15Section 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
power under this section.

(9) 20A 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
recorded in any form.

78B 25Powers 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) If the authorised person has reasonable cause to believe that the
30premises 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 director, manager or other officer of, or partner in, the
agency, a member of its governing body or otherwise directly
35concerned in the management of the agency,

the authorised person may not enter the premises without the
consent of an adult who is an occupier of the premises and who falls
within paragraph (a) or (b).”

50 In section 79 (power of constable to assist in exercise of powers of entry), in
40subsection (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
45be) 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
childminder agency to provide the Chief Inspector with information
5about 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) In subsection (4)—

(a) 10after “in which” insert “—

(a)”, and

(b) after “registered” insert “;

(b) registered premises of the early years childminder
agency or later years childminder agency are (or, as
15the 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
authorities by childminder agencies

(1) 20An 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) grants a person’s application for registration for the purposes
25of 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
section is—

(a) 30in 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
Reform Act 2012;

(b) 35in 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) in the case of information to be provided to a relevant local
40authority, 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
be, was) registered with the early years childminder agency or later
45years 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.”