Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
37

(a)
the Chief Inspector has sent the person a notice (in pursuance of section
72(7)) of his decision to cancel his registration, and
(b)
the time within which an appeal under section 73 may be brought has
not expired or, if such an appeal has been brought, it has not been
determined.
5
(5)
Subsections (3) and (4) do not apply if the person is seeking removal from Part
B of the general childcare register.
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Termination of voluntary registration on expiry of prescribed period
Regulations may make provision requiring the Chief Inspector to remove a
registered person from Part B of the general childcare register on the expiry of
10
a prescribed period of time from the date of his registration.
Cancellation etc. in an emergency
71
Protection of children in an emergency
(1)
In relation to a person registered under Chapter 2, 3 or 4, the Chief Inspector
may apply to a justice of the peace for an order—
15
(a)
cancelling the person’s registration;
(b)
varying or removing a condition to which his registration is subject;
(c)
imposing a new condition on his registration.
(2)
If it appears to the justice that a child for whom early years provision or later
years provision is being or may be provided by that person is suffering or is
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likely to suffer significant harm, the justice may make the order.
(3)
An application under subsection (1) may be made without notice.
(4)
An order under subsection (2)—
(a)
must be made in writing, and
(b)
has effect from the time when it is made.
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(5)
If an order is made under subsection (2), the Chief Inspector must serve on the
registered person as soon as is reasonably practicable after the making of the
order—
(a)
a copy of the order;
(b)
a copy of any written statement in support of the application for the
30
order;
(c)
notice of any right of appeal conferred by section 73.
(6)
The documents mentioned in subsection (5) may be served on the registered
person by—
(a)
delivering them to him, or
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(b)
sending them by post.
(7)
For the purposes of this section, “harm” has the same meaning as in the
Children Act 1989 (c. 41) and the question of whether harm is significant is to
be determined in accordance with section 31(10) of that Act.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
38

Registration - procedural safeguards
72
Procedure for taking certain steps
(1)
This section applies if the Chief Inspector proposes to take any of the following
steps under this Part—
(a)
refuse an application for registration;
5
(b)
impose a new condition on a person’s registration;
(c)
vary or remove any condition imposed on a person’s registration;
(d)
refuse to grant an application for the variation or removal of any such
condition;
(e)
cancel a person’s registration.
10
(2)
The Chief Inspector must give to the applicant or (as the case may be) the
registered person notice of his intention to take the step in question.
(3)
The notice must—
(a)
give the Chief Inspector’s reasons for proposing to take the step, and
(b)
inform the person concerned of his rights under this section.
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(4)
The Chief Inspector may not take the step until the end of the period of 14 days
beginning with the day on which he gives notice under subsection (2) unless
the applicant or (as the case may be) the registered person notifies the Chief
Inspector that he does not wish to object to the step being taken.
(5)
If the recipient of a notice under subsection (2) gives notice to the Chief
20
Inspector that he wishes to object to the step being taken, the Chief Inspector
must give him an opportunity to object before deciding whether to take the
step.
(6)
An objection made in pursuance of subsection (5) may be made orally or in
writing and in either case may be made by the recipient or his representative.
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(7)
If the Chief Inspector decides to take the step, he must give the person notice
of his decision (whether or not the person informed the Chief Inspector that he
wished to object to the step being taken).
(8)
The taking of a step mentioned in paragraph (b), (c) or (e) of subsection (1) does
not have effect until—
30
(a)
the expiry of the time within which an appeal may be brought under
section 73, or
(b)
if such an appeal is brought, the time when the appeal is determined
(and the taking of the step is confirmed).
(9)
Subsection (8) does not prevent such a step having effect before the expiry of
35
the time within which an appeal may be brought if the person concerned
notifies the Chief Inspector that he does not intend to appeal.
(10)
If the Chief Inspector gives notice to an applicant for registration under
Chapter 2 or 3 that he intends to refuse his application, the application may not
be withdrawn without the consent of the Chief Inspector.
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(11)
In this section and in section 73, “a new condition” means a condition imposed
otherwise than at the time of the person’s registration.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
39

73
Appeals
(1)
An applicant for registration or (as the case may be) a registered person may
appeal to the Tribunal against the taking of any of the following steps by the
Chief Inspector under this Part—
(a)
the refusal of his application for registration;
5
(b)
the imposition of a new condition on his registration;
(c)
the variation or removal of any condition imposed on his registration;
(d)
the refusal of an application to vary or remove any such condition;
(e)
the cancellation of his registration.
(2)
An applicant for registration or (as the case may be) a registered person may
10
also appeal to the Tribunal against any other determination made by the Chief
Inspector under this Part which is of a prescribed description.
(3)
A person against whom an order is made under section 71(2) may appeal to the
Tribunal against the making of the order.
(4)
On an appeal the Tribunal must either—
15
(a)
confirm the taking of the step, the making of the other determination or
the making of the order (as the case may be), or
(b)
direct that it shall not have, or shall cease to have, effect.
(5)
Unless the Tribunal has confirmed the taking of a step mentioned in subsection
(1)(a) or (e) or the making of an order under section 71(2) cancelling a person’s
20
registration, the Tribunal may also do either or both of the following—
(a)
impose conditions on the registration of the person concerned;
(b)
vary or remove any condition previously imposed on his registration.
Disqualification from registration
74
Disqualification from registration
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(1)
In this section, “registration” means registration under Chapters 2, 3 and 4.
(2)
Regulations may provide for a person to be disqualified from registration.
(3)
The regulations may, in particular, provide for a person to be disqualified from
registration if—
(a)
he is included in the list kept under section 1 of the Protection of
30
Children Act 1999 (c. 14);
(b)
he is subject to a direction under section 142 of the Education Act 2002
(c. 32) on the grounds that he is unsuitable to work with children;
(c)
an order of a prescribed kind has been made at any time with respect to
him;
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(d)
an order of a prescribed kind has been made at any time with respect to
a child who has been in his care;
(e)
a requirement of a prescribed kind has been imposed at any time with
respect to such a child, under or by virtue of any enactment;
(f)
he has at any time been refused registration under Chapter 2, 3 or 4 of
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this Part of this Act or under Part 10 or Part 10A of the Children Act
1989 (c. 41) or had any such registration cancelled;
(g)
he has been convicted of an offence of a prescribed kind or has been
discharged absolutely or conditionally for such an offence;

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(h)
he has at any time been disqualified from fostering a child privately
(within the meaning of the Children Act 1989 (c. 41));
(i)
a prohibition has been imposed on him at any time under section 69 of
the Children Act 1989, section 10 of the Foster Children (Scotland) Act
1984 (c. 56) or any prescribed enactment;
5
(j)
his rights and powers with respect to a child have at any time been
vested in a prescribed authority under a prescribed enactment.
(4)
Regulations may provide for a person to be disqualified from registration if—
(a)
he lives in the same household as another person who is disqualified
from registration, or
10
(b)
he lives in a household in which any such person is employed.
(5)
Regulations under subsection (2) or (4) 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 75) by reason of
any fact which would otherwise cause him to be disqualified if—
15
(a)
he has disclosed the fact to the Chief Inspector, and
(b)
the Chief Inspector has consented in writing to the person’s not being
disqualified from registration and has not withdrawn his consent.
(6)
In this section, “enactment” means any enactment having effect at any time in
any part of the United Kingdom.
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(7)
A conviction in respect of which a probation order was made before 1st
October 1992 (which would not otherwise be treated as a conviction) is to be
treated as a conviction for the purposes of this section.
75
Consequences of disqualification
(1)
This section applies to—
25
(a)
early years provision in respect of which the provider is required by
section 33(1) or 34(1) to be registered,
(b)
early years provision in respect of which, but for section 34(2), the
provider would be required to be registered,
(c)
later years provision in respect of which the provider is required by
30
section 51(1) or 52(1) to be registered, and
(d)
later years provision in respect of which, but for section 52(2), the
provider would be required to be registered.
(2)
A person who is disqualified from registration by regulations under section 74
must not—
35
(a)
provide early years or later years provision to which this section
applies, or
(b)
be directly concerned in the management of early years or later years
provision to which this section applies.
(3)
No person may employ, in connection with the provision of early years or later
40
years provision to which this section applies, a person who is disqualified from
registration by regulations under section 74.
(4)
A person who contravenes subsection (2) or (3) commits an offence.
(5)
A person who contravenes subsection (2) is not guilty of an offence under
subsection (4) if—
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
41

(a)
he is disqualified from registration by virtue only of regulations under
section 74(4), and
(b)
he proves that he did not know, and had no reasonable grounds for
believing, that he was living—
(i)
in the same household as a person who was disqualified from
5
registration, or
(ii)
in a household in which such a person was employed.
(6)
A person who contravenes subsection (3) is not guilty of an offence under
subsection (4) if he proves that he did not know, and had no reasonable
grounds for believing, that the person whom he was employing was
10
disqualified from registration.
(7)
A person guilty of an offence under subsection (6) is liable on summary
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.
(8)
In relation to an offence committed before the commencement of section 281(5)
15
of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary
offences), the reference in subsection (7) to 51 weeks is to be read as a reference
to 6 months.
Rights of entry
76
Powers of entry
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(1)
A person authorised for the purposes of this subsection by the Chief Inspector
may at any reasonable time enter any premises in England if he has reasonable
cause to believe that early years provision or later years provision is being
provided on the premises in breach of section 33(1), 34(1), 51(1) or 52(1).
(2)
A person authorised for the purposes of this subsection by the Chief Inspector
25
may at any reasonable time enter any premises in England on which early
years provision or later years provision in respect of which a person is
registered under this Part is being provided—
(a)
for the purpose of conducting an inspection under section 48 or 59, or
(b)
for the purpose of determining whether any conditions or
30
requirements imposed by or under this Part are being complied with.
(3)
Authorisation under subsection (1) or (2)—
(a)
may be given for a particular occasion or period;
(b)
may be given subject to conditions.
(4)
A person entering premises under this section may (subject to any conditions
35
imposed under subsection (3)(b))—
(a)
inspect the premises;
(b)
inspect, and take copies of—
(i)
any records kept by the person providing the childcare, and
(ii)
any other documents containing information relating to that
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provision;
(c)
seize and remove any document or other material or thing found there
which he has reasonable grounds to believe may be evidence of a
failure to comply with any condition or requirement imposed by or
under this Part;
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
42

(d)
take measurements and photographs or make recordings;
(e)
inspect any children being cared for there, and the arrangements made
for their welfare;
(f)
interview in private the childcare provider;
(g)
interview in private any person caring for children, or living or
5
working, on the premises who consents to be interviewed.
(5)
A person entering premises under this section may (subject to any conditions
imposed under subsection (3)(b)) require any person to afford him such
facilities and assistance with respect to matters within the person’s control as
are necessary to enable him to exercise his powers under this section.
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(6)
Section 58 of the Education Act 2005 (c. 18) (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.
(7)
A person exercising any power conferred by this section must, if so required,
produce a duly authenticated document showing his authority to do so.
15
(8)
A person commits an offence if he intentionally obstructs a person exercising
any power under this section.
(9)
A 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
20
in any form.
77
Requirement for consent to entry
(1)
This section applies where a person (“the authorised person”) proposes to
enter domestic premises in pursuance of—
(a)
provision made by virtue of section 42(1) and (4) in a learning and
25
development order specifying assessment arrangements in relation to
early years provision, or
(b)
a power of entry conferred by section 76(2).
(2)
If the authorised person has reasonable cause to believe—
(a)
that the premises are not the home of the person providing the early
30
years or later years provision, or
(b)
that the premises are the home of a child for whom the early years or
later years provision is provided,

the authorised person may not enter the premises without the consent of an
adult who is an occupier of the premises.
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(3)
In this section—
“a learning and development order” means an order under section
39(1)(a);
“occupier” does not include the person providing the early years or later
years provision.
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