Part 3Regulation of Provision of Childcare in England

Chapter 5Common provisions

Interpretation

I1I396Meaning of early years and later years provision etc.

1

This section applies for the purposes of this Part.

2

Early years provision” means the provision of childcare for a young child.

3

Early years provider” means a person who provides early years provision.

4

Subject to subsection (5), “early years childminding” means early years provision F7... for rewardF8, where at least half of the provision is on domestic premises (and “early years childminder” is to be read accordingly).

5

Early years provision F9which would otherwise fall within subsection (4) is not early years childminding if at any time the number of persons providing the early years provision F10... or assisting with the provision exceeds three.

6

Later years provision”, in relation to a child, means the provision of childcare at any time during the period—

a

beginning with the 1st September next following the date on which he attains the age of five, and

b

ending with such day as may be prescribed.

7

Later years provider” means a person who provides later years provision.

8

Subject to subsection (9), “later years childminding” means later years provision F11... for rewardF12, where at least half of the provision is on domestic premises (and “later years childminder” is to be read accordingly).

9

Later years provision F13which would otherwise fall within subsection (8) is not later years childminding if at any time the number of persons providing the later years provision F14... or assisting with the provision exceeds three.

I497Employees not to be regarded as providing childcare

1

This section applies for the purposes of this Part.

2

Where an individual (“the employee”) is employed to care for a child by a person who provides early years provision or later years provision for the child, the employee is not to be regarded as providing early years provision or (as the case may be) later years provision by virtue of anything done by him in the course of that employment.

I298Interpretation of Part 3

1

In this Part—

  • the Chief Inspector” means F1Her Majesty's Chief Inspector of Education, Children's Services and Skills;

  • childcare” has the meaning given by section 18;

  • F3childminder agency ” means—

    1. a

      an early years childminder agency;

    2. b

      a later years childminder agency;

  • domestic premises” means premises which are used wholly or mainly as a private dwelling;

  • F4early years childminder agency ” means a person registered in the early years register as an early years childminder agency;

  • early years provision” has the meaning given by section 96(2);

  • early years provider” has the meaning given by section 96(3);

  • “early years childminding” and “early years childminder” have the meanings given by section 96(4);

  • F5later years childminder agency ” means a person registered in Part A of the general childcare register as a later years childminder agency;

  • later years provision” has the meaning given by section 96(6);

  • later years provider” has the meaning given by section 96(7);

  • “later years childminding” and “later years childminder” have the meanings given by section 96(8);

  • premises” includes any area and any vehicle;

  • F2...

  • proprietor”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56);

  • F2...

  • the Tribunal” has the meaning given by section 69(11);

  • young child” has the meaning given by section 19.

F61A

A person is registered for the purposes of this Part if that person is registered—

a

in the early years register,

b

in the general childcare register, or

c

with an early years childminder agency or a later years childminder agency.

2

For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to service by post), a notice or order which may by virtue of any provision of this Part be sent by post to an applicant for registration or to a registered person is to be treated as properly addressed if it is addressed to him at the address notified by him to the Chief Inspector as the address to which correspondence to him should be sent.