Chapter 3: Regulation of Later Years Provision for children under 8
Section 52: Requirement to register: later years childminders for children under eight
118.This section prohibits persons from providing later years childminding for children up to the age of 8 unless they are registered in Part A of the general childcare register as childminders. There is provision for the Secretary of State to exempt providers by order from the requirement to be registered.
119.Subsection (4) sets out what happens where a person who should be registered as a later years childminder under subsection (1) fails to do so. In such cases the Chief Inspector may serve an enforcement notice on that person and that person may then be prosecuted if they continue to care for children without being registered (see subsection (7)). The notice will stay in effect until revoked by the Chief Inspector.
Section 53: Requirement to register: other later years providers for children under eight
120.This section sets out the requirement for registration for later years providers (other than childminders) providing childcare for children up to the age of 8. Such later years providers must be registered in respect of particular premises.
121.Subsection (2) specifically exempts from this requirement later years provision made at a maintained school, non-maintained special school or independent school where that provision is made by the school and one or more pupils attends it. Subsection (3) makes provision for the Secretary of State to exempt providers by order from the requirement to be registered. It is an offence to provide non-exempted later years provision without registration.
Section 54: Applications for registration: later years childminders
122.This section deals with applications for registration as a later years childminder for children under 8. It requires applicants to give certain information to the Chief Inspector and pay any prescribed fee. The Chief Inspector must register the person if they are not disqualified from registration and any requirements for registration are satisfied and are likely to continue to be satisfied. A person may be disqualified from registration by regulations made under section 75. These may be used to disqualify, for example, persons on the list kept under section 1 of the Protection of Children Act 1999 (c.14). Registration requirements may include requirements relating to the premises on which the provision is to be provided.
Section 55: Applications for registration: other later years providers
123.This section deals with applications for registration by other later years providers (who are not childminders) for children under 8. Applicants are required to give certain information to the Chief Inspector and pay any prescribed fee. As with applications for childminding, the Chief Inspector must register the person if they are not disqualified from registration and any requirements for registration are satisfied and are likely to continue to be satisfied.
Section 56: Entry on the register and certificates
124.This section requires the Chief Inspector to enter successful applicants in Part A of the general childcare register and give them a registration certificate. Should changes in circumstance mean that the certificate needs to be changed then the Chief Inspector must give the registered person an amended certificate. The Chief Inspector must also provide a copy of lost or destroyed certificates on payment of a prescribed fee.
Section 57: Special procedure for registered early years providers
125.Section 57 requires the Chief Inspector, on request, to register a person in Part A of the general childcare register if he is already registered as an early years provider in the early years register.
126.For providers other than childminders this applies only where the care for over 5s is being provided on the same set of premises as the care in respect of which the provider is registered in the early years register.
127.The usual rules about amendment and loss of certificates apply to certificates granted under this special procedure (see subsection (3)).
Section 58: Conditions on registration
128.This section deals with conditions on registration for compulsorily registered later years providers. It allows the Chief Inspector to impose any conditions he thinks fit at any time and to vary or remove any conditions at any time. Conditions may include (but are not limited to) conditions to ensure that providers comply with regulations. It is an offence for a person not to comply with conditions on his registration.
Section 59: Regulations governing activities
129.This section allows the Secretary of State to make regulations governing the activities of compulsorily registered later years providers. These may cover issues such as the welfare of children, suitable persons and premises, complaints procedures and the provision of information. The regulations may provide for the Chief Inspector to take into account a failure to meet requirements imposed by the regulations. Regulations may also be made making breach of requirements imposed by the regulations an offence.
Section 60: Inspections
130.Section 60 requires the Chief Inspector to inspect compulsorily registered later years provision at any time when the Secretary of State requires it. Such a requirement may relate to later years provision at particular premises or to later years provision at a particular class of premises. The section also gives the Chief Inspector power to inspect when he considers it appropriate to do so.
Section 61: Report of inspections
131.Section 60 provides that, after an inspection of compulsory registered later years provision, the Chief Inspector may if he decides that it is appropriate to do so write a report. The report may cover matters such as the quality and standards of the later years provision and its contribution to the well-being of the children being looked after. Subsections (2) and (3) deal with publication of the report.
