Part 3Regulation of Provision of Childcare in England

Chapter 3Regulation of later years provision for children under 8

Requirements to register

I1I253Requirement to register: other later years providers for children under eight

C1F21

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 F12....

F111ZA

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 F13... 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 F14..., or

b

with a later years childminder agency F14....

2

F3Subsections (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 F6institutions as part of the F6institution's activities—

i

a maintained school,

ii

a school F7approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

iii

F8an independent educational institutionF1or an alternative provision Academy that is not an independent school,

b

the provision is made by the proprietor of the F9institution or a person employed to work at the F9institution, and

F10c

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, F4subsections (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) F5or (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.