Childcare Bill

House of Lords

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
31

61
Report of inspections
(1)
After conducting an inspection under section 60, the Chief Inspector may make
a report in writing on such of the following matters as he considers
appropriate—
(a)
the contribution of the later years provision to the well-being of the
5
children for whom it is provided,
(b)
the quality and standards of the later years provision,
(c)
how far the later 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 later
10
years provision.
(2)
The Chief Inspector—
(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
15
registered person,
(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.
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(3)
Regulations may make provision—
(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;
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(c)
authorising the registered person in prescribed cases to charge a fee for
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
30
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
35
(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,
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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—

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 4 — Voluntary registration
32

(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.
(3)
The Chief Inspector must grant an application under subsection (1) if—
5
(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.
10
(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;
15
(b)
the premises on which the childminding is being (or is to be) provided;
(c)
the arrangements for 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.
63
Applications for registration on the general register: other childcare providers
20
(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
25
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—
30
(a)
give any prescribed information about prescribed matters;
(b)
give any other information which the Chief Inspector reasonably
requires the applicant to give;
(c)
be accompanied by any prescribed fee.
(3)
An application under subsection (1) may not be made in respect of provision
35
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
40
the Education Act 1996 (c. 56) (approval of non-maintained
special schools),
(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
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 4 — Voluntary registration
33

(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
5
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)
The Chief Inspector must refuse any application under subsection (1) which
10
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;
15
(c)
the arrangements for childcare 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.
64
Entry on the register and certificates
(1)
If an application under section 62(1) is granted, the Chief Inspector must—
20
(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—
25
(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.
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(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.
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(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
40
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—

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 4 — Voluntary registration
34

(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
5
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
10
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
15
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
20
(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.
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(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
30
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
35
(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.
40
(3)
The regulations may deal with the following matters (among others)—
(a)
the welfare of the children concerned;

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
35

(b)
the arrangements for safeguarding the children concerned;
(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;
5
(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
10
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.
15
(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
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(b)
in any proceedings under this Part.
Chapter 5
Common provisions
Cancellation of registration etc.
68
Cancellation of registration
25
(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—
30
(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,
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(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
comply with section 40(2)(a), or
(e)
in any case, that he has failed to pay a prescribed fee.
40
(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

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Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
36

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
5
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.
10
(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
15
(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
20
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
25
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
30
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
35
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
40
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.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(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).
5
(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
10
(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
15
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
20
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
25
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
30
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
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(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;
(c)
imposing a new condition on his registration.
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