|
| |
|
| |
| |
(1) | This section applies to later years provision in respect of which the provider is |
| |
registered under this Chapter. |
| |
| 5 |
(a) | must inspect later years provision to which this section applies at any |
| |
time when the Secretary of State requires the Chief Inspector to secure |
| |
| |
(b) | may inspect later years provision to which this section applies at any |
| |
other time when the Chief Inspector considers that it would be |
| 10 |
appropriate for it to be inspected. |
| |
(3) | A requirement made by the Secretary of State as mentioned in subsection (2)(a) |
| |
may be imposed in relation to later years provision at particular premises or a |
| |
| |
(4) | Regulations may make provision requiring the registered person to notify |
| 15 |
prescribed persons of the fact that later years provision is to be inspected under |
| |
| |
| |
(1) | After conducting an inspection under section 59, the Chief Inspector may make |
| |
a report in writing on such of the following matters as he considers |
| 20 |
| |
(a) | the contribution of the later years provision to the well-being of the |
| |
children for whom it is provided, |
| |
(b) | the quality and standards of the later years provision, |
| |
(c) | how far the later years provision meets the needs of the range of |
| 25 |
children for whom it is provided, and |
| |
(d) | the quality of leadership and management in connection with the later |
| |
| |
| |
(a) | may send a copy of the report to the Secretary of State and must do so |
| 30 |
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 |
| |
| |
(c) | must ensure that copies of the report, or such parts of it as he considers |
| |
appropriate, are sent to such other persons as may be prescribed, and |
| 35 |
(d) | may arrange for the report (or parts of it) to be further published in any |
| |
manner he considers appropriate. |
| |
(3) | Regulations may make provision— |
| |
(a) | requiring the registered person to make a copy of any report sent to him |
| |
under subsection (2)(b) available for inspection by prescribed persons; |
| 40 |
(b) | requiring the registered person, except in prescribed cases, to provide |
| |
a copy of the report to prescribed persons; |
| |
(c) | authorising the registered person in prescribed cases to charge a fee for |
| |
providing a copy of the report. |
| |
|
| |
|
| |
|
(4) | Subsections (2) to (4) of section 11 of the Education Act 2005 (c. 18)(publication |
| |
of inspection reports) apply in relation to the publication of a report under |
| |
subsection (2) of this section as they apply in relation to the publication of a |
| |
report under any of the provisions mentioned in subsection (2) of section 11. |
| |
| 5 |
| |
Process of voluntary registration |
| |
61 | Applications for registration on the general register: childminders |
| |
(1) | A person who provides or proposes to provide in England— |
| |
(a) | later years childminding for a child who has attained the age of eight, or |
| 10 |
(b) | early 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 register under Chapter 2 or 3, |
| |
| may make an application to the Chief Inspector for registration in Part B of the |
| |
general childcare register as a childminder. |
| 15 |
(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) | be accompanied by any prescribed fee. |
| 20 |
(3) | The Chief Inspector must grant an application under subsection (1) if— |
| |
(a) | the applicant is not disqualified from registration by regulations under |
| |
| |
(b) | it appears to the Chief Inspector that any requirements prescribed for |
| |
the purposes of this subsection (“the prescribed requirements for |
| 25 |
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 him to grant. |
| |
(5) | The prescribed requirements for registration may include requirements |
| |
| 30 |
| |
(b) | the premises on which the childminding is being (or is to be) provided; |
| |
(c) | the arrangements for childminding on those premises; |
| |
(d) | any person who may be caring for children on those premises; |
| |
(e) | any other person who may be on those premises. |
| 35 |
62 | Applications for registration on the general register: other childcare providers |
| |
(1) | A person who provides or wishes to provide on premises in England— |
| |
(a) | later years provision (other than later years childminding) for a child |
| |
who has attained the age of eight, or |
| |
(b) | early years provision or later years provision (other than early years or |
| 40 |
later years childminding) for a child who has not attained that age but |
| |
|
| |
|
| |
|
in respect of which the person is not required to register under Chapter |
| |
| |
| may make an application to the Chief Inspector for registration in Part B of the |
| |
general childcare register in respect of the premises. |
| |
(2) | An application under subsection (1) must— |
| 5 |
(a) | give any prescribed information about prescribed matters; |
| |
(b) | give any other information which the Chief Inspector reasonably |
| |
requires the applicant to give; |
| |
(c) | be accompanied by any prescribed fee. |
| |
(3) | An application under subsection (1) may not be made in respect of provision |
| 10 |
for a child who has attained the age of three if— |
| |
(a) | the provision is made at any of the following schools as part of the |
| |
| |
| |
(ii) | a school approved by the Secretary of State under section 342 of |
| 15 |
the Education Act 1996 (c. 56) (approval of non-maintained |
| |
| |
(iii) | an independent school, |
| |
(b) | the provision is made by the proprietor of the school or a person |
| |
employed to work at the school, and |
| 20 |
(c) | the child is a registered pupil at the school or, if the provision is made |
| |
for more than one child who has attained the age of three, at least one |
| |
of the children is a registered pupil at the school. |
| |
(4) | The Chief Inspector must grant an application under subsection (1) if— |
| |
(a) | the applicant is not disqualified from registration by regulations under |
| 25 |
| |
(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. |
| |
(5) | The Chief Inspector must refuse any application under subsection (1) which |
| 30 |
subsection (4) does not require him to grant. |
| |
(6) | The prescribed requirements for registration may include requirements |
| |
| |
| |
(b) | the premises on which the childcare is being (or is to be) provided; |
| 35 |
(c) | the arrangements for childcare on those premises; |
| |
(d) | any person who may be caring for children on those premises; |
| |
(e) | any other person who may be on those premises. |
| |
63 | Entry on the register and certificates |
| |
(1) | If an application under section 61(1) is granted, the Chief Inspector must— |
| 40 |
(a) | register the applicant in Part B of the general childcare register as a |
| |
| |
(b) | give the applicant a certificate of registration stating that he is so |
| |
| |
(2) | If an application under section 62(1) is granted, the Chief Inspector must— |
| 45 |
|
| |
|
| |
|
(a) | register the applicant in Part B of the general childcare register as a |
| |
provider of childcare other than a childminder, in respect of the |
| |
premises in question, and |
| |
(b) | give the applicant a certificate of registration stating that he is so |
| |
| 5 |
(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 of a |
| |
certificate of registration, the Chief Inspector must give the registered person |
| |
| 10 |
(5) | If the Chief Inspector is satisfied that a certificate of registration has been lost |
| |
or destroyed, the Chief Inspector must give the registered person a copy, on |
| |
payment by the provider of any prescribed fee. |
| |
64 | Special procedure for persons already registered |
| |
(1) | If a person who is registered as a childminder in the early years register or in |
| 15 |
Part A of the general childcare register gives notice to the Chief Inspector that |
| |
he wishes to be registered in Part B of the general childcare register, the Chief |
| |
| |
(a) | register the person in Part B of the general childcare register as a |
| |
| 20 |
(b) | give the applicant a certificate of registration stating that he is so |
| |
| |
(2) | If a person who is registered (otherwise than as a childminder) in the early |
| |
years register or in Part A of the general childcare register in respect of |
| |
particular premises gives notice to the Chief Inspector that he wishes to be |
| 25 |
registered in Part B of the general childcare register in respect of the same |
| |
premises, the Chief Inspector must— |
| |
(a) | register the person in Part B of the general childcare register as a |
| |
provider of childcare other than a childminder, in respect of the |
| |
| 30 |
(b) | give the person a certificate of registration stating that he is so |
| |
| |
(3) | Subsections (3) to (5) of section 63 apply in relation to a certificate of |
| |
registration given in pursuance of subsection (1) or (2) of this section as they |
| |
apply in relation to a certificate of registration given in pursuance of subsection |
| 35 |
(1) or (2) of that section. |
| |
Regulation of persons registering voluntarily |
| |
65 | Conditions on registration |
| |
(1) | The Chief Inspector may impose such conditions as he thinks fit on the |
| |
registration of a person under this Chapter. |
| 40 |
(2) | The power conferred by subsection (1) may be exercised at the time when the |
| |
Chief Inspector registers a person in pursuance of section 63 or 64 or at any |
| |
| |
|
| |
|
| |
|
(3) | The Chief Inspector may at any time vary or remove any condition imposed |
| |
| |
(4) | The power conferred by subsection (1) includes power to impose conditions for |
| |
the purpose of giving effect to regulations under section 66. |
| |
(5) | A person registered under this Chapter commits an offence if, without |
| 5 |
reasonable excuse, he fails to comply with any condition imposed under |
| |
| |
(6) | A person guilty of an offence under subsection (5) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
66 | Regulations governing activities |
| 10 |
(1) | This section applies to persons providing early years provision or later years |
| |
provision (or both) in respect of which they are registered under this Chapter. |
| |
(2) | The Secretary of State may, after consulting the Chief Inspector and any other |
| |
person he considers appropriate, make regulations governing the activities of |
| |
persons to whom this section applies. |
| 15 |
(3) | The regulations may deal with the following matters (among others)— |
| |
(a) | the welfare of the children concerned; |
| |
(b) | suitability of persons to care for, or be in regular contact with, the |
| |
| |
(c) | qualifications and training; |
| 20 |
(d) | the suitability of premises and equipment; |
| |
(e) | the manner in which the childcare provision is organised; |
| |
(f) | procedures for dealing with complaints; |
| |
(g) | the keeping of records; |
| |
(h) | the provision of information. |
| 25 |
(4) | The power to make regulations under this section may be exercised so as confer |
| |
powers or impose duties on the Chief Inspector in the exercise of his functions |
| |
| |
(5) | In particular, it may be so exercised so as to require the Chief Inspector, in |
| |
exercising his functions under this Part to have regard to factors, standards and |
| 30 |
other matters prescribed by or referred to in the regulations. |
| |
(6) | If the regulations require any person (other than the Chief Inspector) to have |
| |
regard to or meet factors, standards and other matters prescribed by or referred |
| |
to in the regulations, they may also provide for any allegation that the person |
| |
has failed to do so to be taken into account— |
| 35 |
(a) | by the Chief Inspector in the exercise of his functions under this Part, or |
| |
(b) | in any proceedings under this Part. |
| |
|
| |
|
| |
|
| |
| |
Cancellation of registration etc. |
| |
67 | Cancellation of registration |
| |
(1) | The Chief Inspector must cancel the registration of a person registered under |
| 5 |
Chapter 2, 3 or 4 if it appears to him that the person has become disqualified |
| |
from registration by regulations under section 74. |
| |
(2) | The Chief Inspector may cancel the registration of a person registered under |
| |
Chapter 2, 3 or 4 if it appears to him— |
| |
(a) | that the prescribed requirements for registration which apply in |
| 10 |
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 his |
| |
registration under that Chapter, |
| |
(c) | that he has failed to comply with a requirement imposed on him by |
| 15 |
regulations under that Chapter, |
| |
(d) | in the case of a person registered under Chapter 2, that he has failed to |
| |
comply with section 40(2)(a), or |
| |
(e) | in any case, that he has failed to pay a prescribed fee. |
| |
(3) | The Chief Inspector may cancel the registration of a person registered as an |
| 20 |
early years childminder under Chapter 2 if it appears to him that the person |
| |
has not provided early years childminding for a period of more than three |
| |
years during which he was registered. |
| |
(4) | The Chief Inspector may cancel the registration of a person registered as a later |
| |
years childminder under Chapter 3 if it appears to him that the person has not |
| 25 |
provided later years childminding for a period of more than three years during |
| |
| |
(5) | The Chief Inspector may cancel the registration of a person registered as a |
| |
childminder under Chapter 4 if it appears to him that the person has provided |
| |
neither early years childminding nor later years childminding for a period of |
| 30 |
more than three years during which he was registered. |
| |
(6) | Where a requirement to make any changes or additions to any services, |
| |
equipment or premises has been imposed on a person registered under |
| |
Chapter 2, 3 or 4, his registration may not be cancelled on the ground of any |
| |
defect or insufficiency in the services, equipment or premises if— |
| 35 |
(a) | the time set for complying with the requirements has not expired, and |
| |
(b) | it is shown that the defect or insufficiency is due to the changes or |
| |
additions not having been made. |
| |
68 | Suspension of registration |
| |
(1) | Regulations may provide for the registration of a person registered under |
| 40 |
Chapter 2, 3 or 4 to be suspended for a prescribed period in prescribed |
| |
| |
|
| |
|
| |
|
(2) | Regulations under subsection (1) must include provision conferring on the |
| |
registered person a right of appeal to the Tribunal against suspension. |
| |
(3) | A person registered as an early years childminder under Chapter 2 may not |
| |
provide early years childminding in England at any time when his registration |
| |
under that Chapter is suspended in accordance with regulations under this |
| 5 |
| |
(4) | A person registered as a later years childminder under Chapter 3 may not |
| |
provide later years childminding in England, for a child who has not attained |
| |
the age of eight, at any time when his registration under that Chapter is |
| |
suspended in accordance with regulations under this section. |
| 10 |
(5) | Subsection (3) or (4) does not apply in relation to early years childminding or |
| |
(as the case may be) later years childminding which the person may provide |
| |
without being registered under Chapter 2 or 3. |
| |
(6) | A person registered as an early years provider (other than an early years |
| |
childminder) under Chapter 2 may not provide early years provision on |
| 15 |
premises in England at any time when his registration under that Chapter in |
| |
respect of the premises is suspended in accordance with regulations under this |
| |
| |
(7) | A person registered as a later years provider (other than a later years |
| |
childminder) under Chapter 3 may not provide later years provision on |
| 20 |
premises in England, for a child who has not attained the age of eight, at any |
| |
time when his registration under that Chapter in respect of the premises is |
| |
suspended in accordance with regulations under this section. |
| |
(8) | Subsection (6) or (7) does not apply in relation to early years provision or (as |
| |
the case may be) later years provision which the person may provide without |
| 25 |
being registered under Chapter 2 or 3. |
| |
(9) | A person commits an offence if, without reasonable excuse, he contravenes |
| |
subsection (3), (4), (6) or (7). |
| |
(10) | A person guilty of an offence under subsection (9) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| 30 |
(11) | In this Part, “the Tribunal” means the Tribunal established by section 9 of the |
| |
Protection of Children Act 1999 (c. 14). |
| |
69 | Voluntary removal from register |
| |
(1) | A person registered under any of Chapters 2 to 4 may give notice to the Chief |
| |
Inspector that he wishes to be removed from the early years register or (as the |
| 35 |
case may be) from Part A or B of the general childcare register. |
| |
(2) | If a person gives notice under subsection (1) the Chief Inspector must remove |
| |
him from the early years register or (as the case may be) from the relevant Part |
| |
of the general childcare register. |
| |
(3) | The Chief Inspector must not act under subsection (2) if— |
| 40 |
(a) | the Chief Inspector has sent the person a notice (in pursuance of section |
| |
72(2)) of his intention to cancel his registration, and |
| |
(b) | the Chief Inspector has not decided that he no longer intends to take |
| |
| |
(4) | The Chief Inspector must not act under subsection (2) if— |
| 45 |
|
| |
|