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Childcare Bill


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

34

 

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

premises, and

5

(b)   

give the person a certificate of registration stating that he is so

registered.

(3)   

Subsections (3) to (5) of section 64 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

10

(1) or (2) of that section.

Regulation of persons registering voluntarily

66      

Conditions on registration

(1)   

The Chief Inspector may impose such conditions as he thinks fit on the

registration of a person under this Chapter.

15

(2)   

The power conferred by subsection (1) may be exercised at the time when the

Chief Inspector registers a person in pursuance of section 64 or 65 or at any

subsequent time.

(3)   

The Chief Inspector may at any time vary or remove any condition imposed

under subsection (1).

20

(4)   

The power conferred by subsection (1) includes power to impose conditions for

the purpose of giving effect to regulations under section 67.

(5)   

A person registered under this Chapter commits an offence if, without

reasonable excuse, he fails to comply with any condition imposed under

subsection (1).

25

(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.

67      

Regulations governing activities

(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.

30

(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.

(3)   

The regulations may deal with the following matters (among others)—

(a)   

the welfare of the children concerned;

35

(b)   

suitability of persons to care for, or be in regular contact with, the

children concerned;

(c)   

qualifications and training;

(d)   

the suitability of premises and equipment;

(e)   

the manner in which the childcare provision is organised;

40

(f)   

procedures for dealing with complaints;

(g)   

the keeping of records;

 
 

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

35

 

(h)   

the provision of information.

(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

5

exercising his functions under this Part to have regard to factors, standards 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 meet factors, standards and other matters prescribed by or referred

to in the regulations, they may also provide for any allegation that the person

10

has failed to do so to be taken into account—

(a)   

by the Chief Inspector in the exercise of his functions under this Part, or

(b)   

in any proceedings under this Part.

Chapter 5

Common provisions

15

Cancellation of registration etc.

68      

Cancellation of registration

(1)   

The Chief Inspector must cancel the registration of a person registered under

Chapter 2, 3 or 4 if it appears to him that the person has become disqualified

from registration by regulations under section 75.

20

(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

relation to the person’s registration under that Chapter have ceased, or

will cease, to be satisfied,

25

(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

regulations under that Chapter,

(d)   

in the case of a person registered under Chapter 2, that he has failed to

30

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

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

35

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

provided later years childminding for a period of more than three years during

which he was registered.

40

(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

 
 

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

36

 

neither early years childminding nor later years childminding for a period of

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

5

defect or insufficiency in the services, equipment or premises if—

(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.

69      

Suspension of registration

10

(1)   

Regulations may provide for the registration of a person registered under

Chapter 2, 3 or 4 to be suspended for a prescribed period 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.

15

(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

section.

(4)   

A person registered as a later years childminder under Chapter 3 may not

20

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.

(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

25

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

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

30

section.

(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

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

35

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

being registered under Chapter 2 or 3.

(9)   

A person commits an offence if, without reasonable excuse, he contravenes

40

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.

(11)   

In this Part, “the Tribunal” means the Tribunal established by section 9 of the

Protection of Children Act 1999 (c. 14).

45

 
 

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

37

 

70      

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

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

5

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—

(a)   

the Chief Inspector has sent the person a notice (in pursuance of section

73(2)) of his intention to cancel his registration, and

10

(b)   

the Chief Inspector has not decided that he 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 his decision to cancel his registration, and

15

(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.

(5)   

Subsections (3) and (4) do not apply if the person is seeking removal from Part

B of the general childcare register.

20

71      

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

a prescribed period of time from the date of his registration.

Cancellation etc. in an emergency

25

72      

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—

(a)   

cancelling the person’s registration;

(b)   

varying or removing a condition to which his registration is subject;

30

(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

likely to suffer significant harm, the justice may make the order.

(3)   

An application under subsection (1) may be made without notice.

35

(4)   

An order under subsection (2)—

(a)   

must be made in writing, and

(b)   

has effect from the time when it is made.

(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

40

order—

(a)   

a copy of the order;

 
 

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

38

 

(b)   

a copy of any written statement in support of the application for the

order;

(c)   

notice of any right of appeal conferred by section 74.

(6)   

The documents mentioned in subsection (5) may be served on the registered

person by—

5

(a)   

delivering them to him, or

(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.

10

Registration - procedural safeguards

73      

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;

15

(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.

20

(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.

25

(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

30

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.

35

(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—

40

(a)   

the expiry of the time within which an appeal may be brought under

section 74, or

 
 

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

39

 

(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

the time within which an appeal may be brought if the person concerned

notifies the Chief Inspector that he does not intend to appeal.

5

(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.

(11)   

In this section and in section 74, “a new condition” means a condition imposed

otherwise than at the time of the person’s registration.

10

74      

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;

15

(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

20

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 72(2) may appeal to the

Tribunal against the making of the order.

(4)   

On an appeal the Tribunal must either—

25

(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 72(2) cancelling a person’s

30

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

75      

Disqualification from registration

35

(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

40

Children Act 1999 (c. 14);

 
 

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

40

 

(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;

(d)   

an order of a prescribed kind has been made at any time with respect to

5

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

this Part of this Act or under Part 10 or Part 10A of the Children Act

10

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;

(h)   

he has at any time been disqualified from fostering a child privately

(within the meaning of the Children Act 1989);

15

(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;

(j)   

his rights and powers with respect to a child have at any time been

vested in a prescribed authority under a prescribed enactment.

20

(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

(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

25

disqualified from registration (and in particular may provide for a person not

to be disqualified from registration for the purposes of section 76) by reason of

any fact which would otherwise cause him to be disqualified if—

(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

30

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.

(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

35

treated as a conviction for the purposes of this section.

76      

Consequences of disqualification

(1)   

This section applies to—

(a)   

early years provision in respect of which the provider is required by

section 33(1) or 34(1) to be registered,

40

(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

section 52(1) or 53(1) to be registered, and

(d)   

later years provision in respect of which, but for section 53(2), the

45

provider would be required to be registered.

 
 

 
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