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 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
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(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.
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(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).
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(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).
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(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.
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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.
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(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;
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(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;
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(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
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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.
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(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,
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(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
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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.
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(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
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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.
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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.
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(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
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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
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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
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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
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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
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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).
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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
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(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.
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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
a prescribed period of time from the date of his registration.
Cancellation etc. in an emergency
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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;
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(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.
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(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
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order—
(a)
a copy of the order;

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(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.
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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;
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(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.
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(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
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.
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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—
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(a)
the expiry of the time within which an appeal may be brought under
section 74, or

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Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(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.
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(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.
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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;
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(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
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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—
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(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
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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
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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);
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(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.
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(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
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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
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treated as a conviction for the purposes of this section.
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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,
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(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
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provider would be required to be registered.