|
| |
|
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 |
| |
| 5 |
(b) | give the person a certificate of registration stating that he is so |
| |
| |
(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 |
| |
| |
(3) | The Chief Inspector may at any time vary or remove any condition imposed |
| |
| 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 |
| |
| 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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| |
| 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 |
| |
| 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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(b) | a copy of any written statement in support of the application for the |
| |
| |
(c) | notice of any right of appeal conferred by section 74. |
| |
(6) | The documents mentioned in subsection (5) may be served on the registered |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
| 40 |
(a) | the expiry of the time within which an appeal may be brought under |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(a) | he is included in the list kept under section 1 of the Protection of |
| 40 |
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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|