(1A) A person may not provide early years provision on domestic
premises in England which would be early years childminding but
for section 96(5) unless the person is registered—

(a) in the early years register in respect of the premises, or

(b) 5with an early years childminder agency in respect of the
premises.”

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

(4) In subsection (3) for “subsection (1) does” substitute “subsections (1) and
10(1A) do”.

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

6 (1) Section 35 (applications for registration: early years childminders) is
amended as follows.

(2) In subsection (1) for “to the Chief Inspector for registration as an early years
15childminder” substitute “—

(a) to the Chief Inspector for registration as an early years
childminder in the early years register, or

(b) to an early years childminder agency for registration with
that agency as an early years childminder.”

(3) 20In subsection (2)—

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

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

(4) 25In subsections (3) and (4), after “subsection (1)” insert “(a)”.

(5) After subsection (4) insert—

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

(a) the applicant is not disqualified from registration by
30regulations 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
35requirements 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 the early
years register as an early years childminder if the applicant is
40registered with a childminder agency;

(ab) prohibiting the applicant from being registered with an early
years childminder agency as an early years childminder if the
applicant is registered—

(i) with another childminder agency;

(ii) 45in the early years register or the general childcare
register;”.

7 (1) Section 36 (applications for registration: other early years providers) is
amended as follows.

(2) After subsection (1) insert—

“(1A) A person who proposes to provide on any premises early years
5provision in respect of which the person is required by section 34(1A)
to be registered may make an application—

(a) to the Chief Inspector for registration as an early years
provider in respect of the premises, or

(b) to an early years childminder agency for registration with
10that agency as an early years provider in respect of the
premises.”

(3) In subsection (2)—

(a) after “subsection (1)” insert “or (1A)”,

(b) in paragraph (b) after “Chief Inspector” insert “or (as the case may
15be) the early years childminder agency”, and

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

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

(5) After subsection (4) insert—

“(4A) 20An early years childminder agency may grant an application under
subsection (1A)(b) only if—

(a) the applicant is not disqualified from registration by
regulations under section 75,

(b) it appears to the agency that the prescribed requirements for
25registration are satisfied and are likely to continue to be
satisfied, and

(c) it appears to the agency that any other reasonable
requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) 30In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered in the early
years register as an early years provider other than a
childminder if the applicant is registered with a childminder
agency;

(ab) 35prohibiting the applicant from being registered with an early
years childminder agency as an early years provider other
than a childminder if the applicant is registered—

(i) with another childminder agency;

(ii) in the early years register or the general childcare
40register;”.

8 (1) Section 37 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 35(1)” insert “(a)”.

(3) In subsection (2) after “section 36(1)” insert “or (1A)(a)”.

9 After section 37 insert—

“37A Early years childminder agencies: registers and certificates

(1) If an application under section 35(1)(b) is granted, the early years
childminder agency must—

(a) 5register the applicant in the register maintained by the
agency as an early years childminder, and

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

(2) If an application under section 36(1A)(b) is granted, the early years
10childminder agency must—

(a) register the applicant in the register maintained by the
agency as an early years provider other than a childminder,
in respect of the premises in question, and

(b) give the applicant a certificate of registration stating that he
15or 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) If there is a change of circumstances which requires the amendment
20of a certificate of registration, the early years childminder agency
must give the registered early years provider an amended
certificate.”

10 In section 38 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in the early years register”.

11 (1) 25Section 44 (instruments specifying learning and development or welfare
requirements) is amended as follows.

(2) In subsection (2)—

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

(b) 30omit “his”.

(3) In subsection (3) after “Chief Inspector” insert “or early years childminder
agencies”.

(4) In subsection (4) after paragraph (a) (and before the “or” which follows it)
insert—

“(aa) 35by early years childminder agencies in the exercise of
functions under this Part,”.

12 In section 49 (inspections), in subsection (1) for “under this Chapter”
substitute “in the early years register”.

13 After Chapter 2 (regulation of early years provision) insert—

“CHAPTER 2A Regulation of early years childminder agencies

Process of registration

51A Applications for registration

(1) 5A person may make an application to the Chief Inspector for
registration as an early 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
10reasonably requires the applicant to give, and

(c) be 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
15regulations under section 76A, and

(b) it 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) 20The 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
requirements relating to—

(a) the applicant;

(b) 25any persons employed by the applicant;

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

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

(e) 30the applicant’s arrangements for registering early years
providers;

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

(g) 35the applicant’s arrangements for ensuring that early years
provision is of a sufficient standard.

51B Entry on the register and certificates

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

(a) 40register 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
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) If there is a change of circumstances which requires the amendment
5of 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
10prescribed 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) 15The 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) 20An early years childminder agency commits an offence if, without
reasonable excuse, the agency fails to comply with any condition
imposed 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
25scale.

Inspections

51D Inspections of early years childminder agencies

(1) The Chief Inspector—

(a) must inspect an early years childminder agency at any time
30when the Secretary of State requires the Chief Inspector to
secure its inspection, and

(b) may 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) 35For the purposes of an inspection under this section, the Chief
Inspector may inspect early years provision provided by early years
providers 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
40inspection of an early 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
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 Reports of inspections

(1) 5After 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
with it,

(b) 10the quality of leadership and management in the early years
childminder agency, and

(c) the effectiveness of the arrangements of the early years
childminder agency for assuring itself of the quality of the
care and education provided by the early years providers
15registered with it.

(2) The Chief Inspector—

(a) may send a copy of the report to the Secretary of State and
must do so without delay if the Secretary of State requests a
copy,

(b) 20must 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) 25may arrange for the report (or parts of it) to be further
published in any manner the Chief Inspector considers
appropriate.

(3) Regulations may make provision—

(a) requiring the early years childminder agency to make a copy
30of 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
copy of the report to prescribed persons;

(c) authorising the agency in prescribed cases to charge a fee for
35providing a copy of the report.

False 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) 40A person guilty of an offence under subsection (1) is liable on
summary 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 In section 52 (requirement to register: later years childminders for children
5under 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) Section 53 (requirement to register: other later years providers for children
10under 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
domestic premises unless the person is registered in Part A of the
15general 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
the person is registered—

(a) 20in 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
25(1A) do”.

(4) In 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
30amended as follows.

(2) In 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) 35to a later years childminder agency for registration with that
agency 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) 40in paragraph (c) at the beginning insert “if it is an application to the
Chief Inspector,”.

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

(5) After subsection (4) insert—

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

(a) the applicant is not disqualified from registration by
5regulations 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
10requirements 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 childminder if
15the 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) with another childminder agency;

(ii) 20in 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) 25A person who proposes to provide on any premises later years
provision in respect of which the person is required by section 53(1A)
to be registered may make an application—

(a) to the Chief Inspector for registration as a later years provider
in respect of the premises, or

(b) 30to a later years childminder agency for registration with that
agency as a later years provider in respect of the premises.”

(3) In subsection (2)—

(a) after “subsection (1)” insert “or (1A)”,

(b) in paragraph (b) after “Chief Inspector” insert “or (as the case may
35be) the later years childminder agency”, and

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

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

(5) After subsection (4) insert—

“(4A) 40A later years childminder agency may grant an application under
subsection (1A)(b) only if—

(a) the applicant is not disqualified from registration by
regulations under section 75,

(b) it appears to the agency that the prescribed requirements for
45registration are satisfied and are likely to continue to be
satisfied, and

(c) it appears to the agency that any other reasonable
requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) 5prohibiting the applicant from being registered in Part A of
the general childcare register as a later years provider other
than a childminder if the applicant is registered with a
childminder agency;

(ab) prohibiting the applicant from being registered with a later
10years childminder agency as a later years provider other than
a childminder if the applicant is registered—

(i) with another childminder agency;

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

19 (1) 15Section 56 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 54(1)” insert “(a)”.

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

20 After section 56 insert—

“56A Later years childminder agencies: registers and certificates

(1) 20If 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
25or she is so registered.

(2) If an application under section 55(1A)(b) is granted, the later years
childminder agency must—

(a) register the applicant in the register maintained by the
agency as a later years provider other than a childminder, in
30respect of the premises in question, and

(b) give 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
35prescribed matters.

(4) If 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 40In section 57 (special procedure for registered early years providers), in the
title 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) Subsection (2) applies where—

(a) 5a person is registered with an early years childminder agency
as an early years childminder, and

(b) that agency is also a later years childminder agency.

(2) If the person gives notice to the agency that he or she proposes to
provide later years childminding in respect of which he or she is
10required to be registered under this Chapter, the agency must—

(a) register the person in the register maintained by the agency
as a later years childminder, and

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

(3) 15Subsection (4) applies where—

(a) a person is registered with an early years childminder agency
in respect of particular premises as an early years provider
other than a childminder, and

(b) that agency is also a later years childminder agency.

(4) 20If the person gives notice to the agency that he or she proposes to
provide later years provision in respect of which he or she is required
to be registered under this Chapter on the same premises, the agency
must—

(a) register the person in the register maintained by the agency
25as 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
30of registration given in pursuance of subsection (2) or (4) of this
section as they apply in relation to a certificate of registration given
in pursuance of subsection (1) or (2) of that section.”

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

24 (1) 35Section 59 (regulations governing activities) is amended as follows.

(2) In subsection (4)—

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

(b) omit “his”.

(3) 40In subsection (5)—

(a) after “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)