Childcare Act 2006 (c. 21)

(The document as of February, 2008)

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(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 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

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 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,

(b) give any other information which the Chief Inspector reasonably requires the applicant to give, and

(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 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--

(a) the applicant;

(b) the premises on which the childminding is being (or is to be) provided;

(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 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,

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 requires the applicant to give;

(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 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), or

(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 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

(5) The Chief Inspector must refuse any application under subsection (1) which subsection (4) does not require him to grant.

(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;

(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 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 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 (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 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 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 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 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

(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 (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.

(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).

(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).

(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.

(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;

(b) the arrangements for safeguarding the children concerned;

(d) qualifications and training;

(e) the suitability of premises and equipment;

(f) the manner in which the childcare provision is organised;

(g) procedures for dealing with complaints;

(h) the keeping of records;

(i) 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 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 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

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.

(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,

(b) that the person has failed to comply with a condition imposed on his registration under that Chapter,

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

(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 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

(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.

(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 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 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 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 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 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).

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 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

(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

(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.

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

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;

(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.

(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 order--

(a) a copy of the order,

(b) a copy of any written statement in support of the application for the order, and

(6) The documents mentioned in subsection (5) may be served on the registered person by--

(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.

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;

(b) impose a new condition 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.

(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.

(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) ("the recipient") gives notice to the Chief 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.

(7) If the Chief Inspector decides to take the step, he must give the recipient notice of his decision (whether or not the recipient 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--

(a) the expiry of the time within which an appeal may be brought under section 74, 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 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.

(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.

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;

(b) the imposition of a new condition 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 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--

(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 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

(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 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 or on grounds relating to his health;

(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 this Part of this Act or under Part 10 or Part 10A of the Children Act 1989 (c. 41) or any prescribed enactment, 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 been given a caution in respect of an offence of a prescribed kind;

(i) he has at any time been disqualified from fostering a child privately (within the meaning of the Children Act 1989 (c. 41));

(j) 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;

(k) 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

(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 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 disqualified from registration and has not withdrawn his consent.

(6) In this section--

‘"caution" includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998 (c. 37);
"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 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,

(b) early years provision in respect of which, but for section 34(2), the provider would be required to be registered,

(d) later years provision in respect of which, but for section 53(2), the provider would be required to be registered.

(2) A person who is disqualified from registration by regulations under section 75 must not--

(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 years provision to which this section applies, a person who is disqualified from registration by regulations under section 75.

(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--

(a) he is disqualified from registration by virtue only of regulations under section 75(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 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 disqualified from registration.

(7) A person guilty of an offence under subsection (4) 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) 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

77 Powers of entry

(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), 52(1) or 53(1).

(2) A person authorised for the purposes of this subsection by the Chief Inspector 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 49 or 60, or

(b) for the purpose of determining whether any conditions or 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 imposed under subsection (3)(b))--

(a) inspect the premises;

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