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 5 — Common provisions
38

(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)—
5
(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—
10
(a)
a copy of the order;
(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
15
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
20
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—
25
(a)
refuse an application for registration;
(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;
30
(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
35
(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.
40
(5)
If the recipient of a notice under subsection (2) gives notice to the Chief
Inspector that he wishes to object to the step being taken, the Chief Inspector

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
39

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 person notice
5
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—
(a)
the expiry of the time within which an appeal may be brought under
10
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
15
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
20
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—
25
(a)
the refusal of his application for registration;
(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.
30
(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.
35
(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
40
(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.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
40

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
5
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
10
grounds relating to his health;
(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
a child who has been in his care;
15
(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
20
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
25
(within the meaning of the Children Act 1989);
(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
30
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.
35
(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
40
(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);
45
“enactment” means any enactment having effect at any time in any part of
the United Kingdom.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
41

(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—
5
(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,
(c)
later years provision in respect of which the provider is required by
10
section 52(1) or 53(1) to be registered, and
(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—
15
(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
20
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—
25
(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
30
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
35
disqualified from registration.
(7)
A person guilty of an offence under subsection (6) 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)
40
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.