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 3 — Regulation of later years provision for children under 8
27

Process of registration
54
Applications for registration: later years childminders
(1)
A person who proposes to provide later years childminding in respect of which
he is required by section 52(1) to be registered may make an application to the
Chief Inspector for registration as a later years childminder.
5
(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.
10
(3)
The Chief Inspector must grant an application under subsection (1) if—
(a)
the applicant is not disqualified from registration by regulations under
section 75, and
(b)
it appears to the Chief Inspector that any requirements prescribed for
the purposes of this subsection (“the prescribed requirements for
15
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
relating to—
20
(a)
the applicant;
(b)
the premises on which the later years childminding is to be provided;
(c)
the arrangements for later years 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.
25
55
Applications for registration: other later years providers
(1)
A person who proposes to provide on any premises later years provision in
respect of which he is required by section 53(1) to be registered may make an
application to the Chief Inspector for registration as a later years provider in
respect of the premises.
30
(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.
35
(3)
The Chief Inspector must grant an application under subsection (1) if—
(a)
the applicant is not disqualified from registration by regulations under
section 75, and
(b)
it appears to the Chief Inspector that any requirements prescribed for
the purposes of this subsection (“the prescribed requirements for
40
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.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
28

(5)
The prescribed requirements for registration may include requirements
relating to—
(a)
the applicant;
(b)
the premises on which the later years provision is to be provided;
(c)
the arrangements for later years provision on those premises;
5
(d)
any person who may be caring for children on those premises;
(e)
any other person who may be on those premises.
56
Entry on the register and certificates
(1)
If an application under section 54(1) is granted, the Chief Inspector must—
(a)
register the applicant in Part A of the general childcare register as a later
10
years childminder, and
(b)
give the applicant a certificate of registration stating that he is so
registered.
(2)
If an application under section 55(1) is granted, the Chief Inspector must—
(a)
register the applicant in Part A of the general childcare register as a later
15
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 is so
registered.
(3)
A certificate of registration given to the applicant in pursuance of subsection
20
(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 later
years provider an amended certificate.
(5)
If the Chief Inspector is satisfied that a certificate of registration has been lost
25
or destroyed, the Chief Inspector must give the registered later years provider
a copy, on payment by the provider of any prescribed fee.
57
Special procedure for registered early years providers
(1)
If a person who is registered in the early years register as an early years
childminder gives notice to the Chief Inspector that he proposes to provide
30
later years childminding in respect of which he is required to be registered
under this Chapter, the Chief Inspector must—
(a)
register the person in Part A of the general childcare register as a later
years childminder, and
(b)
give the person a certificate of registration stating that he is so
35
registered.
(2)
If a person who is registered in the early years register in respect of particular
premises as an early years provider other than a childminder gives notice to the
Chief Inspector that he proposes to provide later years provision in respect of
which he is required to be registered under this Chapter on the same premises,
40
the Chief Inspector must—
(a)
register the person in Part A of the general childcare register as 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 is so
registered.
45

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
29

(3)
Subsections (3) to (5) of section 56 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
(1) or (2) of that section.
Regulation
5
58
Conditions on registration
(1)
The Chief Inspector may impose such conditions as he thinks fit on the
registration of a later years provider under this Chapter.
(2)
The power conferred by subsection (1) may be exercised at the time when the
Chief Inspector registers the person in pursuance of section 56 or 57 or at any
10
subsequent time.
(3)
The Chief Inspector may at any time vary or remove any condition imposed
under subsection (1).
(4)
The power conferred by subsection (1) includes power to impose conditions for
the purpose of giving effect to regulations under section 59.
15
(5)
A later years provider registered under this Chapter commits an offence if,
without reasonable excuse, he fails to comply with any condition imposed
under subsection (1).
(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.
20
59
Regulations governing activities
(1)
This section applies to—
(a)
later years providers providing later years provision in respect of
which they are registered under this Chapter, and
(b)
later years providers providing later years provision in respect of
25
which, but for section 53(2) (exemption for provision for children at
certain schools), they would be required to be 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
30
later years providers to whom this section applies.
(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
children concerned;
35
(c)
qualifications and training;
(d)
the suitability of premises and equipment;
(e)
the manner in which the later years provision is organised;
(f)
procedures for dealing with complaints;
(g)
the keeping of records;
40
(h)
the provision of information.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
30

(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
under this Part.
(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
5
and 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 to 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—
10
(a)
by the Chief Inspector in the exercise of his functions under this Part, or
(b)
in any proceedings under this Part.
(7)
The regulations may provide—
(a)
that a person who without reasonable excuse fails to comply with any
requirement of the regulations is guilty of an offence, and
15
(b)
that a person guilty of the offence is liable on summary conviction to a
fine not exceeding level 5 on the standard scale.
Inspection
60
Inspections
(1)
This section applies to later years provision in respect of which the provider is
20
registered under this Chapter.
(2)
The Chief Inspector—
(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
its inspection, and
25
(b)
may inspect later years provision to which this section applies at any
other time when the Chief Inspector considers that it would be
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
30
class of premises.
(4)
Regulations may make provision requiring the registered person to notify
prescribed persons of the fact that later years provision is to be inspected under
this section.
61
Report of inspections
35
(1)
After conducting an inspection under section 60, the Chief Inspector may make
a report in writing on such of the following matters as he considers
appropriate—
(a)
the contribution of the later years provision to the well-being of the
children for whom it is provided,
40
(b)
the quality and standards of the later years provision,
(c)
how far the later years provision meets the needs of the range of
children for whom it is provided, and

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 4 — Voluntary registration
31

(d)
the quality of leadership and management in connection with the later
years provision.
(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,
5
(b)
must ensure that a copy of the report is sent without delay to the
registered person,
(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
(d)
may arrange for the report (or parts of it) to be further published in any
10
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;
(b)
requiring the registered person, except in prescribed cases, to provide
15
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
20
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.
Chapter 4
Voluntary registration
Process of voluntary registration
25
62
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
(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
30
required to be registered 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.
(2)
An application under subsection (1) must—
(a)
give any prescribed information about prescribed matters,
35
(b)
give 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)
the applicant is not disqualified from registration by regulations under
40
section 75, and

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 4 — Voluntary registration
32

(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)
The Chief Inspector must refuse any application under subsection (1) which
subsection (3) does not require him to grant.
5
(5)
The prescribed requirements for registration may include requirements
relating to—
(a)
the applicant;
(b)
the premises on which the childminding is being (or is to be) provided;
(c)
the arrangements for childminding on those premises;
10
(d)
any person who may be caring for children on those premises;
(e)
any other person who may be on those premises.
63
Applications for registration on the general register: other childcare providers
(1)
A person who provides or proposes to provide on premises in England—
(a)
later years provision (other than later years childminding) for a child
15
who has attained the age of eight, or
(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,
20

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—
(a)
give any prescribed information about prescribed matters;
(b)
give any other information which the Chief Inspector reasonably
25
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
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
30
school’s activities—
(i)
a maintained school,
(ii)
a school approved by the Secretary of State under section 342 of
the Education Act 1996 (c. 56) (approval of non-maintained
special schools),
35
(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
(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
40
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
section 75, and

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 4 — Voluntary registration
33

(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
subsection (4) does not require him to grant.
5
(6)
The prescribed requirements for registration may include requirements
relating to—
(a)
the applicant;
(b)
the premises on which the childcare is being (or is to be) provided;
(c)
the arrangements for childcare on those premises;
10
(d)
any person who may be caring for children on those premises;
(e)
any other person who may be on those premises.
64
Entry on the register and certificates
(1)
If an application under section 62(1) is granted, the Chief Inspector must—
(a)
register the applicant in Part B of the general childcare register as a
15
childminder, and
(b)
give the applicant a certificate of registration stating that he is so
registered.
(2)
If an application under section 63(1) is granted, the Chief Inspector must—
(a)
register the applicant in Part B of the general childcare register as a
20
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
registered.
(3)
A certificate of registration given to the applicant in pursuance of subsection
25
(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
an amended certificate.
(5)
If the Chief Inspector is satisfied that a certificate of registration has been lost
30
or destroyed, the Chief Inspector must give the registered person a copy, on
payment by the provider of any prescribed fee.
65
Special procedure for persons already registered
(1)
If a person who is registered as a childminder in the early years register or in
Part A of the general childcare register gives notice to the Chief Inspector that
35
he wishes to be registered in Part B of the general childcare register, the Chief
Inspector must—
(a)
register the person in Part B of the general childcare register as a
childminder, and
(b)
give the applicant a certificate of registration stating that he is so
40
registered.
(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