Part 3Regulation of Provision of Childcare in England
Chapter 3Regulation of later years provision for children under 8
Requirements to register
I1I352Requirement to register: later years childminders for children under eight
C11
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 F2as a later years childminder— .
a
in Part A of the general childcare register, or
b
with a later years childminder agency.
2
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 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;
c
the nature of the later years childminding;
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 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.
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.
I2I453Requirement to register: other later years providers for children under eight
C2F31
A person may not provide, for a child who has not attained the age of eight, later years provision on premises in England which are not domestic premises unless the person is registered in Part A of the general childcare register F13....
F121ZA
Subsection (1) does not apply in relation to later years provision—
a
if it is later years childminding in respect of which the person providing it is required to be registered under section 52(1), or
b
if it would be later years childminding but for section 96(9) and in respect of which the person providing it is required to be registered under subsection (1A).
1A
A person may not provide, for a child who has not attained the age of eight, later years provision F14... in England which would be later years childminding but for section 96(9) unless the person is registered—
a
in Part A of the general childcare register F15..., or
b
with a later years childminder agency F15....
2
F4Subsections (1) and (1A) do not apply in relation to later years provision for a child if—
a
the provision is made at any of the following F7institutions as part of the F7institution's activities—
i
a maintained school,
ii
a school F8approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
b
F11c
where the provision is made at a school (including a school that is an independent educational institution)—
i
the child is a registered pupil at the school, or
ii
if the provision is made for more than one child, at least 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, F5subsections (1) and (1A) do 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)—
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;
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) F6or (1A).
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.