insert—

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

25 In section 60 (inspections), in subsection (1) for “under this Chapter”
5substitute “in Part A of the general childcare register”.

26 After Chapter 3 (regulation of later years provision for children under 8)
insert—

“Regulation of later years childminder agencies

Process of registration

61A 10Applications for registration

(1) A person may make an application to the Chief Inspector for
registration as a later years childminder agency.

(2) An application under subsection (1) must—

(a) give any prescribed information about prescribed matters,

(b) 15give any other information which the Chief Inspector
reasonably 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) 20the 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
prescribed requirements for registration”) are satisfied and
25are 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
requirements relating to—

(a) 30the applicant;

(b) any 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
35later years providers registered with the applicant;

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

(f) the applicant’s arrangements in relation to training and
monitoring later years providers, and providing such
40persons with information, advice and assistance;

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

61B Entry 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
5register as a later 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
10matters.

(3) If 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
15been lost or destroyed, the Chief Inspector must give the later years
childminder 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
20Inspector of a wish to be a later years childminder agency the Chief
Inspector must—

(a) register the early years childminder agency in Part A of the
general childcare register as a later years childminder agency,
and

(b) 25give the agency a certificate of registration stating that it is so
registered.

(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
30pursuance of subsection (1) of that section.

61D Conditions on registration

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

(2) 35The 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) The Chief Inspector may at any time vary or remove any condition
imposed under subsection (1).

(4) 40A later 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
45scale.

Inspections

61E Inspections of later years childminder agencies

(1) The Chief Inspector—

(a) must inspect a later years childminder agency at any time
5when the Secretary of State requires the Chief Inspector to
secure its inspection, and

(b) may inspect a later years childminder agency at any other
time when the Chief Inspector considers that it would be
appropriate for it to be inspected.

(2) 10For 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
agency for the purposes of Chapter 3.

(3) The Chief Inspector may charge a prescribed fee for conducting an
15inspection 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
subsection (1)(a) to conduct that inspection.

(4) Regulations may make provision requiring a later years childminder
20agency to notify prescribed persons of the fact that it is to be
inspected under this section.

61F Reports of inspections

(1) After conducting an inspection under section 61E, the Chief
Inspector must make a report in writing on—

(a) 25the quality and standards of the services offered by the later
years childminder agency to later years providers registered
with it,

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

(c) 30the effectiveness of the arrangements of the later years
childminder agency for assuring itself of the quality of the
care and education provided by the later years providers
registered with it.

(2) The Chief Inspector—

(a) 35may 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) must ensure that a copy of the report is sent without delay to
the later years childminder agency,

(c) 40must 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
published in any manner the Chief Inspector considers
45appropriate.

(3) Regulations 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
5copy 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) 10A 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.”

15Part 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 20After 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
25a 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—

(a) later years childminding for a child who has attained the age
of eight;

(b) 30early years childminding 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.

(2) If a person gives notice to an agency under subsection (1), the agency
35must—

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

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

(3) 40A person who is registered as an early years provider (other than a
childminder) with an early years childminder agency or as a later
years 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
5a 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) 10If 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)
15give 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) 20If 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) 25Section 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) 30In 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)
35insert—

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

Part 5 40Provisions applying in relation to all childminder agencies

32 The Childcare Act 2006 is amended as follows.

33 (1) Section 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
register”, and

(b) in paragraph (d) after “Chapter 2” insert “in the early years register”.

(4) 5In 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) In 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
10later 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) In subsection (6) after “or 4” insert “in the early years register or the general
childcare register”.

(8) 15In 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) In subsection (1) after “or 4” insert “in the early years register or the general
childcare register”.

(3) 20In 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) In 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
25later 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
years register as an early years provider (other than an early years
childminder)”.

(6) 30In 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) In the title, at the end insert “in a childcare register: early years and later
35years providers”.

35 After section 69 insert—

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

(1) Regulations may make provision about the cancellation, termination
40and 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) about the termination by an early years provider or a later
45years 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
provider or a later years provider and an early years
5childminder 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
conferring on the registered provider a right of appeal to the
10Tribunal against suspension.

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

(a) triable only summarily, and

(b) punishable only with a fine not exceeding the level specified
15in 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) The Chief Inspector must cancel the registration of a person
20registered 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) The Chief Inspector may cancel the registration of a person
25registered 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
in relation to the person’s registration under that Chapter
30have 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) 35that 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
40services 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
45expired, 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
early years childminder agency or a later years childminder agency
on an early years provider or a later years provider registered with
5the 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
10period 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
15effect 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
20agency 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) 25represent 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) 30exercise 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
35summary conviction to a fine not exceeding level 5 on the standard
scale.”

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
40years providers”.

38 After section 70 insert—

“70A Voluntary removal from a childcare register: childminder agencies

(1) A person registered under Chapter 2A or 3A as an early years
childminder agency or a later years childminder agency may give
45notice to the Chief Inspector of a wish to be removed from the early

years register or (as the case may be) from Part A of the general
childcare register.

(2) If a person gives notice under subsection (1) the Chief Inspector must
remove the person from the early years register or (as the case may
5be) from Part A of the general childcare register.

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

(a) the Chief Inspector has sent the person a notice (in pursuance
of section 73(2)) of the Chief Inspector’s intention to cancel
the person’s registration, and

(b) 10the Chief Inspector has not decided that he or she no longer
intends to take that step.

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

(a) the Chief Inspector has sent the person a notice (in pursuance
of section 73(7)) of the Chief Inspector’s decision to cancel the
15person’s registration, and

(b) the time within which an appeal under section 74 may be
brought has not expired or, if such an appeal has been
brought, it has not been determined.”

39 In section 71 (termination of voluntary registration on expiry of prescribed
20period), in the title after “registration” insert “in Part B of the general
childcare register”.

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

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

(2) 25In subsection (3)(b) for “his” substitute “the person’s”.

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

(4) In subsection (5)—

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

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

(5) 30In subsection (6) for “his” substitute “the recipient’s”.

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

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

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

42 (1) 35Section 74 (appeals) is amended as follows.

(2) In subsection (1)—

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

(b) in paragraph (b) for “his” substitute “the person’s”,

(c) in paragraph (c) for “his” substitute “the person’s”, and

(d) 40in 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
the end insert “: early years and later years providers”.

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

45 (1) 5Section 76 (consequences of disqualification) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “34(1)” insert “or (1A)”, and

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

(3) After subsection (3) insert—

“(3A) 10An early years childminder agency must not register for the
purposes of Chapter 2 a person who is disqualified from registration
by regulations under section 75.

(3B) A later years childminder agency must not register for the purposes
of Chapter 3 a person who is disqualified from registration by
15regulations under section 75.

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

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

(5) 20In subsection (6)—

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

(b) for “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
25guilty 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.”

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

46 After section 76 insert—

30“Disqualification from registration: childminder agencies

76A Disqualification from registration: childminder agencies

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

(2) Regulations may provide for a person to be disqualified from
35registration.

(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
section 76B) by reason of any fact which would otherwise cause the
40person to be disqualified if—

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