Childcare Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
24

Inspection
49
Inspections
(1)
This section applies to early years provision in respect of which the early years
provider is registered under this Chapter.
(2)
The Chief Inspector—
5
(a)
must at such intervals as may be prescribed inspect early years
provision to which this section applies,
(b)
must inspect early years provision to which this section applies at any
time when the Secretary of State requires the Chief Inspector to secure
its inspection, and
10
(c)
may inspect early 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)
Regulations may provide that in prescribed circumstances the Chief Inspector
is not required to inspect early years provision at an interval prescribed for the
15
purposes of subsection (2)(a).
(4)
Regulations may provide that the Chief Inspector is not required by subsection
(2)(a) to inspect early years provision at an independent school if the early
years provision is inspected in prescribed circumstances by a body approved
by the Secretary of State for the purposes of this subsection.
20
(5)
A requirement made by the Secretary of State as mentioned in subsection (2)(b)
may be imposed in relation to early years provision at particular premises or a
class of premises.
(6)
Regulations may make provision requiring the registered person to notify
prescribed persons of the fact that early years provision is to be inspected
25
under this section.
(7)
If the Chief Inspector so elects in the case of an inspection falling within
paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were
an inspection falling within paragraph (a) of that subsection.
50
Report of inspections
30
(1)
After conducting an inspection under section 49, the Chief Inspector must
make a report in writing on—
(a)
the contribution of the early years provision to the well-being of the
children for whom it is provided,
(b)
the quality and standards of the early years provision,
35
(c)
how far the early years provision meets the needs of the range of
children for whom it is provided, and
(d)
the quality of leadership and management in connection with the early
years provision.
(2)
The Chief Inspector—
40
(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,
(b)
must ensure that a copy of the report is sent without delay to the
registered person,

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
25

(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
manner he considers appropriate.
(3)
Regulations may make provision—
5
(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
a copy of the report to prescribed persons;
(c)
authorising the registered person in prescribed cases to charge a fee for
10
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
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.
15
Interpretation
51
Interpretation of Chapter 2
In this Chapter—
“assessment arrangements” is to be read in accordance with section
41(2)(c);
20
“early learning goals” is to be read in accordance with section 41(2)(a);
“educational programmes” is to be read in accordance with section
41(2)(b);
“learning and development requirements” means requirements specified
by order under section 39(1)(a);
25
“welfare requirements” means requirements specified by regulations
under section 39(1)(b).
Chapter 3
Regulation of later years provision for children under 8
Requirements to register
30
52
Requirement to register: later years childminders for children under eight
(1)
A person may not provide later years childminding in England for a child who
has not attained the age of eight unless he is registered in Part A of the general
childcare register as a childminder.
(2)
The Secretary of State may by order provide that, in circumstances specified in
35
the order, subsection (1) does not apply in relation to later years childminding.
(3)
The circumstances specified in an order under subsection (2) may relate to one
or more of the following matters (among others)—
(a)
the person providing the later years childminding;
(b)
the child or children for whom it is provided;
40
(c)
the nature of the later years childminding;

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
26

(d)
the premises on which it is provided;
(e)
the times during which it is provided;
(f)
the arrangements under which it is provided.
(4)
If it appears to the Chief Inspector that a person has provided later years
childminding in contravention of subsection (1), the Chief Inspector may serve
5
a notice (“an enforcement notice”) on the person.
(5)
An enforcement notice may be served on a person—
(a)
by delivering it to him, or
(b)
by sending it by post.
(6)
An enforcement notice has effect until it is revoked by the Chief Inspector.
10
(7)
A person commits an offence if, at any time when an enforcement notice has
effect in relation to him and without reasonable excuse, he provides later years
childminding in contravention of subsection (1).
(8)
A person guilty of an offence under subsection (7) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
15
53
Requirement to register: other later years providers for children under eight
(1)
A person may not provide for a child who has not attained the age of eight—
(a)
later years provision on premises in England which are not domestic
premises, or
(b)
later years provision on domestic premises in England which would be
20
later years childminding but for section 96(9),

unless he is registered in Part A of the general childcare register in respect of
the premises.
(2)
Subsection (1) does not apply in relation to later years provision for a child if—
(a)
the provision is made at any of the following schools as part of the
25
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
30
(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 not attained the age of eight, at least
35
one of the children is a registered pupil at the school.
(3)
The Secretary of State may by order provide that, in circumstances specified in
the order, subsection (1) does not apply in relation to later years provision.
(4)
The circumstances specified in an order under subsection (3) may relate to one
or more of the following matters (among others)—
40
(a)
the person providing the later years provision;
(b)
the child or children for whom it is provided;
(c)
the nature of the later years provision;
(d)
the premises on which it is provided;
(e)
the times during which it is provided;
45

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
27

(f)
the arrangements under which it is provided.
(5)
A person commits an offence if, without reasonable excuse, he provides later
years provision in contravention of 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.
5
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.
10
(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.
15
(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
20
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—
25
(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.
30
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.
35
(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.
40
(3)
The Chief Inspector must grant an application under subsection (1) if—

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

(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.
5
(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;
10
(b)
the premises on which the later years provision is to be provided;
(c)
the arrangements for later years provision 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.
56
Entry on the register and certificates
15
(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
years childminder, and
(b)
give the applicant a certificate of registration stating that he is so
registered.
20
(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
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
25
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 later
30
years provider 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 later years provider
a copy, on payment by the provider of any prescribed fee.
57
Special procedure for registered early years providers
35
(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
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
40
years childminder, and
(b)
give the person a certificate of registration stating that he is so
registered.

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

(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,
the Chief Inspector must—
5
(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.
(3)
Subsections (3) to (5) of section 56 apply in relation to a certificate of
10
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
58
Conditions on registration
15
(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
subsequent time.
20
(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.
(5)
A later years provider registered under this Chapter commits an offence if,
25
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.
59
Regulations governing activities
30
(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
which, but for section 53(2) (exemption for provision for children at
35
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
later years providers to whom this section applies.
40
(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;

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

(c)
suitability of persons to care for, or be in regular contact with, the
children concerned;
(d)
qualifications and training;
(e)
the suitability of premises and equipment;
(f)
the manner in which the later years provision is organised;
5
(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
10
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
15
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—
(a)
by the Chief Inspector in the exercise of his functions under this Part, or
(b)
in any proceedings under this Part.
20
(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
(b)
that a person guilty of the offence is liable on summary conviction to a
fine not exceeding level 5 on the standard scale.
25
Inspection
60
Inspections
(1)
This section applies to later years provision in respect of which the provider is
registered under this Chapter.
(2)
The Chief Inspector—
30
(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
(b)
may inspect later years provision to which this section applies at any
other time when the Chief Inspector considers that it would be
35
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
class of premises.
(4)
Regulations may make provision requiring the registered person to notify
40
prescribed persons of the fact that later years provision is to be inspected under
this section.