Legalize / United Kingdom / Public General Act

Children and Families Act 2014

Type Public General Act

Publication 2014-03-13

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In the title of section 508I (complaints about transport arrangements etc for young adults subject to learning difficulty assessment: England), for “adults subject to learning difficulty assessment” substitute “ adult for whom EHC plan is maintained ”.

48

(1) Section 509AB (local authorities in England: further provision about transport policy statements for persons of sixth form age) is amended as follows.

(2) In subsection (1) after “difficulties” insert “ or disabilities ”.

(3) In subsection (2)(b) after “difficulties” (in each place it occurs) insert “ or disabilities ”.

49

In section 509AC (interpretation of sections 509AA and 509AB), in subsection (4) after “learning difficulties” insert “ or disabilities ”.

50

(1) Section 514A (provision of boarding accommodation for persons subject to learning difficulty assessment) is amended as follows.

(2) In subsection (1)—

(a) after “who is” insert “ over compulsory school age and for whom an EHC plan is maintained. ”, and

(b) omit paragraphs (a) and (b).

(3) In the title, for “persons subject to learning difficulty assessment” substitute “ person for whom an EHC plan is maintained ”.

51

In section 517 (payment of fees at schools not maintained by a local authority), in subsection (1), for “or Part IV (special educational needs)” substitute “ , Part 4 (special educational needs) or Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities) ”.

52

(1) Section 532A (direct payments: persons with special educational needs or subject to learning difficulty assessment) is amended as follows.

(2) In subsection (1)—

(a) after “(“the beneficiary”)” insert “ for whom the authority maintain an EHC plan. ”, and

(b) omit paragraphs (a) and (b).

(3) In subsection (2)—

(a) for paragraph (a) substitute—

(a) special educational provision specified in the EHC plan;

, and

(b) omit paragraph (b).

(4) In the title, omit “or subject to learning difficulty assessment”.

53

In section 532B (direct payments: pilot schemes), in subsection (9) for paragraph (a) substitute—

(a) section 42(2) of the Children and Families Act 2014 (duty to secure special educational provision in accordance with EHC plan);

54

In section 560A (work experience for persons over compulsory school age), in subsection (1)(b) for “but under 25 and are subject to learning difficulty assessment” substitute “ and for whom an EHC plan is maintained ”.

55

(1) Section 562C (detained persons with special educational needs) is amended as follows.

(2) In subsection (1), after “local authority” insert “ in Wales ”.

(3) In the title, after “with” insert “ statement of ”.

56

In section 562D (appropriate special educational provision: arrangements between local authorities), in subsection (2) after “local authority” insert “ in Wales ”.

57

(1) Section 562G (information to be provided where statement of special educational needs previously maintained) is amended as follows.

(2) In subsection (1) after “local authority” insert “ in Wales ”.

(3) In subsection (2) after “home authority” insert “ , where they are a local authority in Wales, ”.

(4) In subsection (4) after “local authority” insert “ in Wales ”.

(5) In subsection (5) after “local authority” insert “ in Wales ”.

(6) In subsection (7)—

(a) in paragraph (a) after “home authority” insert “ , where they are a local authority in Wales ”, and

(b) in paragraph (b) after “authority” insert “ in Wales ”.

(7) In subsection (8)—

(a) after “home authority”, where it first occurs insert “ , where they are a local authority in Wales ”, and

(b) in paragraph (a) after “local authority” insert “ in Wales ”.

58

(1) Section 562H (release of detained person appearing to host authority to require assessment) is amended as follows.

(2) In subsection (1)—

(a) after “person” insert

— (a)

, and

(b) after “apply” insert

, and (b) for whom the home authority are a local authority in Wales.

(3) In subsection (4), for “Subsections (5) and (6) apply” substitute “ Subsection (6) applies ”.

(4) Omit subsection (5).

(5) In subsection (6), omit paragraph (b) and the “and” preceding it.

59

In section 579 (general interpretation)—

(a) in subsection (1), after the definition of “education functions” insert—

“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;

(b) in subsection (1), after the definition of “school year” insert—

“special educational needs”— (a) in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014; (b) in relation to a child in the area of a local authority in Wales, has the meaning given by section 312; “special educational provision”— (a) in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014; (b) in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);

(1A) For the purposes of this Act a person is subject to learning difficulty assessment if— (a) an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or (b) arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.

, and

(d) before subsection (4) insert—

(3A) References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales. (3B) References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England.

60

In section 580 (index)—

(a) after the entry for “education functions” insert—

EHC plan	section 579(1)

(b) after the entry for “interest in land” insert—

in the area of a local authority in England	section 579(3A)
in the area of a local authority in Wales	section 579(3B)

learning difficulty (in relation to a child in the area of a local authority in Wales)	section 312(2) and (3) (subject to subsection (3A))

(d) in the entry for “special educational needs”, in the second column for “section 312(1)” substitute “ section 579(1) ”,

(e) in the entry for “special educational provision”, in the second column for “section 312(4)” substitute “ section 579(1) ”,

(f) in the entry for “special school”, in the second column for “sections 6(2) and” substitute “ section ”, and

(g) in the entry for “subject to learning difficulty assessment”, in the second column for “section 13(4)” substitute “ section 579(1A) ”.

61

In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in paragraph 15(3)—

(a) in paragraph (a) for “statement maintained for the child under section 324” substitute “ EHC plan maintained for the child ”, and

(b) in paragraph (b) for “statement” substitute “ plan ”.

62

(1) In Schedule 36A (education functions), the table in paragraph 2 is amended as follows.

(2) In the entry for the Disabled Persons (Services, Consultation and Representation) Act 1986, in the second column after “child with” insert “ an EHC plan or ”.

(3) In the entry for the Learning and Skills Act 2000, omit the entry for section 139A.

PART 2 — Amendments to other Acts

Local Government Act 1974 (c. 7)

63

In Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioners), in paragraph 5(2)(b) for “by section 312” substitute “ by section 579(1) ”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

64

(1) In the Disabled Persons (Services, Consultation and Representation) Act 1986, section 5 (disabled persons leaving special education) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “needs)” insert “ , or have maintained an EHC plan under section 37 of the Children and Families Act 2014, ”, and

(b) in paragraph (b) after “statement” (in both places) insert “ or plan ”.

(3) In subsection (2)—

(a) in paragraph (a) after “statement” insert “ , or secure the preparation of an EHC plan, ”,

(b) in paragraph (b) after “statement” insert “ or plan ”, and

(4) After subsection (8) insert—

(8A) Regulations under section 47 of the Children and Families Act 2014 (transfer of EHC plans) may make such provision as appears to the Secretary of State to be necessary or expedient in connection with subsections (1) to (7) of this section.

(5) In subsection (9), in paragraph (a) of the definition of “the responsible authority”, after “1996” insert “ or (as the case may be) Part 3 of the Children and Families Act 2014 ”.

Children Act 1989 (c. 41)

65

(1) The Children Act 1989 is amended as follows.

(2) In section 23E (pathway plans), in subsection (1A)(a) after “Education Act 1996” insert “ or Part 3 of the Children and Families Act 2014 ”.

(3) In Part 1 of Schedule 2 (provision of services to families) in paragraph 3 (assessment of children's needs) after paragraph (b) insert—

(ba) Part 3 of the Children and Families Act 2014;

Value Added Tax Act 1994 (c. 23)

66

(1) In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods and services the supply of which is exempt from VAT), group 6 (education) is amended as follows.

(2) In item 5B—

(a) after paragraph (b) insert—

(ba) aged 19 or over and for whom an EHC plan is maintained,

, and

(b) in paragraph (d), after “paragraph” insert “ (ba) or ”.

(3) in note (5B), after “item (5B),” insert “ “EHC plan” and ” and for “has the same meaning” substitute “ have the same meanings ”.

School Standards and Framework Act 1998 (c. 31)

67

The School Standards and Framework Act 1998 is amended as follows.

68

(1) Section 98 (admission for nursery education or to nursery or special school: children with statements of special educational needs) is amended as follows.

(2) In subsection (7) after “for whom” insert “ EHC plans are maintained under section 37 of the Children and Families Act 2014 or ”.

(3) In the title after “special education needs” insert “ or EHC plans ”.

69

(1) Section 123 (nursery education: children with special educational needs) is amended as follows.

(2) In subsection (1), for the words from “(except” to the end substitute “ to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) or section 313(2) of the Education Act 1996 (in the case of education in Wales). ”

(3) After subsection (1) insert—

(1A) Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.

(4) In subsection (2)—

(a) for “That code of practice” substitute “ The code of practice in question ”, and

(b) after “functions under” insert “ Part 3 of the Children and Families Act 2014 or (as the case may be) ”.

(5) In subsection (3)—

(a) for “that code of practice” substitute “ the code of practice in question ”, and

(b) after “functions under” insert “ Part 3 of the Children and Families Act 2014 or (as the case may be) ”.

(6) In subsection (3A)(b) after “no” insert “ EHC plan or ”.

70

In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary and foundation special schools in England), in paragraph A23(9), in paragraph (d) of the definition of “children's services”—

(a) after “learning difficulty” insert “ or disability ”, and

(b) omit “66,”.

Learning and Skills Act 2000 (c. 21)

71

The Learning and Skills Act 2000 is amended as follows.

72

In section 35 (conditions imposed by Welsh Ministers on financial resources provided by them), in subsection (3)(f) omit “139A or”.

73

In section 41 (discharge by the Welsh Ministers of certain functions in relation to persons with learning difficulties), in subsection (1)(b) omit “139A or”.

74

Sections 139A, 139B and 139C (assessments relating to learning difficulties: England) are repealed.

75

In consequence of the repeals made by paragraphs 72, 73 and 74—

(a) omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008;

(b) section 80 of the Education and Skills Act 2008 is repealed.

Education Act 2002 (c. 32)

76

The Education Act 2002 is amended as follows.

77

In section 92 (pupils with statements of special educational needs: application of National Curriculum for England)—

(a) for the words from “a statement” to “special educational needs” substitute “ an EHC plan maintained for the pupil ”,

(b) for “the statement” substitute “ the plan ”, and

78

(1) Section 94 (information concerning directions under section 93) is amended as follows.

(2) In subsection (3), for the words from “by virtue of” to the end substitute “ and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act). ”

(3) In subsection (5), for the words from “consider” to the end substitute “ make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)). ”

(4) In subsection (6), for “Part 4 of the Education Act 1996” substitute “ Part 3 of the Children and Families Act 2014 (see section 24 of that Act) ”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

79

(1) Section 36 of the Nationality, Immigration and Asylum Act 2002 (education of children who are residents of accommodation centres) is amended as follows.

(2) In subsection (3)(b), after “named in” insert “ an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or ”.

(3) In subsection (5), omit the “and” after paragraph (d) and after paragraph (e) insert—

(f) sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), and (g) sections 38 and 39 of that Act (EHC plan: request of parent for named school etc).

(4) After subsection (5) insert—

(5A) The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.

(5) In subsection (6), omit “the First-tier Tribunal or”.

(6) In subsection (7)—

(a) after “function under this Act” insert “ , Part 3 of the Children and Families Act 2014 ”, and

(b) in paragraph (a), after “special educational provision” insert “ called for by his special educational needs or ”.

(7) In subsection (9), after paragraph (a) insert—

(aa) section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,

Children Act 2004 (c. 31)

80

In section 10(9) of the Children Act 2004 (co-operation arrangements in respect of children may include arrangements in respect of certain young people), in paragraph (c)—

(a) after “but under the age of 25” insert

— (i) for whom an EHC plan is maintained, or (ii)

, and

(b) after “learning difficulty” insert “ or disability ”.

Education and Inspections Act 2006 (c. 40)

81

In section 16 of the Education and Inspections Act 2006 (consultation before publishing proposals for discontinuance of maintained schools), in subsection (1)(c), after “maintain” insert “ an EHC plan or ”.

Education and Skills Act 2008 (c. 25)

82

The Education and Skills Act 2008 is amended as follows.

83

In section 4 (meaning of appropriate full-time education or training)—

(a) in subsection (1)(b), for “learning difficulty” substitute “ special educational needs ”, and

(b) omit subsection (3).

84

In section 17 (sharing and use of information held for purposes of support services or functions under Part 1), in subsection (8)(b)—

(a) for “a learning difficulty” substitute “ special educational needs ”, and

(b) omit the words from “and subsections (6) and (7)” to the end.

85

In section 47 (attendance notice: description of education or training)—

(a) in subsection (5)(b)(ii), for “learning difficulty” substitute “ special educational needs ”, and

(b) omit subsection (6).

86

In section 78(1) (Part 2: supplementary), in the definition of “relevant young adult”—

(a) for “a learning difficulty” substitute “ special educational needs (within the meaning given by section 579(1) of the Education Act 1996) ”, and

(b) omit the words from “and subsections (6) and (7)” to the end.

87

In section 132 (providers of independent education or training for 16 to 18 year olds)—

(a) in subsection (4)(a), for the words from “a statement” to “needs)” substitute “ an EHC plan is maintained ”,

(b) in subsection (4)(b), for “a statement was so” substitute “ an EHC plan was ”,

(c) in subsection (4)(b)(i), after “school” insert “ or (if later) the person ceased to be a student at his or her last post-16 institution ”,

(d) in subsection (4)(b)(ii), after “institution” insert “ in England mentioned in subsection (2) ”, and

(e) in subsection (6), after the definition of “an academic year” insert—

“post-16 institution” has the meaning given by section 83(2) of the Children and Families Act 2014;

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

88

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

89

In section 83 (power to secure provision of apprenticeship training)—

(a) in subsection (1)(b), for “are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”,

(b) in subsection (2)(b), for “learning difficulties” substitute “ special educational needs ”, and

90

In section 86 (education and training for persons aged 19 or over etc), in subsection (1)(a), for “who are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”.

91

In section 87 (learning aims for persons aged 19 or over: provision of facilities), in subsection (3)(a), for “who are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”.

92

In section 101 (financial resources: conditions), in subsection (5)(f)—

(a) after “specified in” insert “ an EHC plan or ”, and

(b) omit “139A or”.

93

In section 115 (persons with learning difficulties)—

(a) in subsection (1), for “learning difficulties” substitute “ special educational needs ”,

(b) in subsection (2)(a), for “who are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”,

(d) in the title, for “learning difficulties” substitute “ special educational needs ”.

94

In section 129 (general duties of Ofqual)—

(a) in subsection (2)(b) and (c), for “learning difficulties” substitute “ special educational needs ”, and

(b) omit subsections (9) and (10).

Academies Act 2010 (c. 32)

95

In section 1 of the Academies Act 2010 (Academy arrangements), omit subsections (7) and (8).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

96

In paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services: special educational needs)—

(a) in sub-paragraph (1)(a), after “1996” insert “ or Part 3 of the Children and Families Act 2014 ”, and

(b) in sub-paragraph (1)(b), for “sections 139A and” substitute “ section ”.

SCHEDULE 4

PART 1 — The childcare registers

1

The Childcare Act 2006 is amended as follows.

2

(1) Section 32 (childcare registration in England: maintenance of the two childcare registers) is amended as follows.

(2) In subsection (2)—

(a) after “register of” insert

— (a)

(b) omit “who are”, and

(3) At the end of that subsection insert

, and (b) all persons registered as early years childminder agencies under Chapter 2A (which provides for the compulsory registration of persons with whom early years childminders and certain other early years providers may register for the purposes of Chapter 2).

(4) In subsection (4)—

(a) after “register of” insert

— (a)

(b) omit “who are”, and

(5) At the end of that subsection insert

, and (b) all persons registered as later years childminder agencies under Chapter 3A (which provides for the compulsory registration of persons with whom later years childminders and certain other later years providers may register for the purposes of Chapter 3).

(6) In subsection (5), for “under Chapter 4” substitute “ by the Chief Inspector for the purposes of Chapter 4 ”.

PART 2 — Early years childminder agencies

3

The Childcare Act 2006 is amended as follows.

4

In section 33 (requirement to register: early years childminders), in subsection (1) for “in the early years register as an early years childminder” substitute

as an early years childminder— (a) in the early years register, or (b) with an early years childminder agency.

5

(1) Section 34 (requirement to register: other early years providers) is amended as follows.

(2) For subsection (1) substitute—

(1) A person may not provide early years provision on premises in England which are not domestic premises unless the person is registered in the early years register in respect of the premises. (1A) A person may not provide early years provision on domestic premises in England which would be early years childminding but for section 96(5) unless the person is registered— (a) in the early years register in respect of the premises, or (b) with an early years childminder agency in respect of the premises.

(3) In subsection (2) for “Subsection (1) does” substitute “ Subsections (1) and (1A) do ”.

(4) In subsection (3) for “subsection (1) does” substitute “ subsections (1) and (1A) do ”.

(5) In subsection (5) after “subsection (1)” insert “ or (1A) ”.

6

(1) Section 35 (applications for registration: early years childminders) is amended as follows.

(2) In subsection (1) for “to the Chief Inspector for registration as an early years childminder” substitute

— (a) to the Chief Inspector for registration as an early years childminder in the early years register, or (b) to an early years childminder agency for registration with that agency as an early years childminder.

(3) In subsection (2)—

(a) in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the early years childminder agency ”, and

(b) in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.

(4) In subsections (3) and (4), after “subsection (1)” insert “ (a) ”.

(5) After subsection (4) insert—

(4A) An early years childminder agency may grant an application under subsection (1)(b) only if— (a) the applicant is not disqualified from registration by regulations under section 75, (b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and (c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6) In subsection (5), after paragraph (a) insert—

(aa) prohibiting the applicant from being registered in the early years register as an early years childminder if the applicant is registered with a childminder agency; (ab) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder if the applicant is registered— (i) with another childminder agency; (ii) in the early years register or the general childcare register;

7

(1) Section 36 (applications for registration: other early years providers) is amended as follows.

(2) After subsection (1) insert—

(1A) A person who proposes to provide on any premises early years provision in respect of which the person is required by section 34(1A) to be registered may make an application— (a) to the Chief Inspector for registration as an early years provider in respect of the premises, or (b) to an early years childminder agency for registration with that agency as an early years provider in respect of the premises.

(3) In subsection (2)—

(a) after “subsection (1)” insert “ or (1A) ”,

(b) in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the early years childminder agency ”, and

(4) In subsections (3) and (4), after “subsection (1)” insert “ or (1A)(a) ”.

(5) After subsection (4) insert—

(4A) An early years childminder agency may grant an application under subsection (1A)(b) only if— (a) the applicant is not disqualified from registration by regulations under section 75, (b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and (c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6) In subsection (5), after paragraph (a) insert—

(aa) prohibiting the applicant from being registered in the early years register as an early years provider other than a childminder if the applicant is registered with a childminder agency; (ab) prohibiting the applicant from being registered with an early years childminder agency as an early years provider other than a childminder if the applicant is registered— (i) with another childminder agency; (ii) in the early years register or the general childcare register;

8

(1) Section 37 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 35(1)” insert “ (a) ”.

(3) In subsection (2) after “section 36(1)” insert “ or (1A)(a) ”.

9

After section 37 insert—

(37A) (1) If an application under section 35(1)(b) is granted, the early years childminder agency must— (a) register the applicant in the register maintained by the agency as an early years childminder, and (b) give the applicant a certificate of registration stating that he or she is so registered. (2) If an application under section 36(1A)(b) is granted, the early years childminder agency must— (a) register the applicant in the register maintained by the agency as an early years provider other than a childminder, in respect of the premises in question, and (b) give the applicant a certificate of registration stating that he or she is so registered. (3) A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters. (4) If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.

10

In section 38 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in the early years register ”.

11

(1) Section 44 (instruments specifying learning and development or welfare requirements) is amended as follows.

(2) In subsection (2)—

(a) after “Chief Inspector” insert “ or early years childminder agencies ”, and

(b) omit “his”.

(3) In subsection (3) after “Chief Inspector” insert “ or early years childminder agencies ”.

(4) In subsection (4) after paragraph (a) (and before the “or” which follows it) insert—

(aa) by early years childminder agencies in the exercise of functions under this Part,

12

In section 49 (inspections), in subsection (1) for “under this Chapter” substitute “ in the early years register ”.

13

After Chapter 2 (regulation of early years provision) insert—

(51A) (1) A person may make an application to the Chief Inspector for registration as an early years childminder agency. (2) An application under subsection (1) must— (a) give any prescribed information about prescribed matters, (b) give any other information which the Chief Inspector reasonably requires the applicant to give, and (c) be accompanied by any prescribed fee. (3) The Chief Inspector must grant an application under subsection (1) if— (a) the applicant is not disqualified from registration by regulations under section 76A, and (b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied. (4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant. (5) The prescribed requirements for registration may include requirements relating to— (a) the applicant; (b) any persons employed by the applicant; (c) management and control of the applicant (where the applicant is not an individual); (d) the provision to the Chief Inspector of information about early years providers registered with the applicant; (e) the applicant's arrangements for registering early years providers; (f) the applicant's arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance; (g) the applicant's arrangements for ensuring that early years provision is of a sufficient standard. (51B) (1) If an application under section 51A is granted, the Chief Inspector must— (a) register the applicant in the early years register as an early years childminder agency, and (b) give the applicant a certificate of registration stating that the applicant is so registered. (2) A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters. (3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate. (4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee. (51C) (1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter. (2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time. (3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1). (4) An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1). (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (51D) (1) The Chief Inspector— (a) must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and (b) may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected. (2) For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2. (3) The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where— (a) the inspection is conducted at the request of the agency, and (b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection. (4) Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section. (51E) (1) After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on— (a) the quality and standards of the services offered by the early years childminder agency to early years providers registered with it, (b) the quality of leadership and management in the early years childminder agency, and (c) the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it. (2) The Chief Inspector— (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy, (b) must ensure that a copy of the report is sent without delay to the early years childminder agency, (c) must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and (d) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate. (3) Regulations may make provision— (a) requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons; (b) requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons; (c) authorising the agency in prescribed cases to charge a fee for providing a copy of the report. (51F) (1) A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 3 — Later years childminder agencies

14

The Childcare Act 2006 is amended as follows.

15

In section 52 (requirement to register: later years childminders for children under 8), in subsection (1) for “in Part A of the general childcare register as a childminder” substitute

as a later years childminder— (a) in Part A of the general childcare register, or (b) with a later years childminder agency.

16

(1) Section 53 (requirement to register: other later years providers for children under 8) is amended as follows.

(2) For subsection (1) substitute—

(1) 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 in respect of the premises. (1A) A person may not provide, for a child who has not attained the age of eight, later years provision on domestic premises 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 in respect of the premises, or (b) with a later years childminder agency in respect of the premises.

(3) In subsection (2) for “Subsection (1) does” substitute “ Subsections (1) and (1A) do ”.

(4) In subsection (3) for “subsection (1) does” substitute “ subsections (1) and (1A) do ”.

(5) In subsection (5) after “subsection (1)” insert “ or (1A) ”.

17

(1) Section 54 (applications for registration: later years childminders) is amended as follows.

(2) In subsection (1) for “to the Chief Inspector for registration as a later years childminder” substitute

— (a) to the Chief Inspector for registration as a later years childminder in Part A of the general childcare register, or (b) to a later years childminder agency for registration with that agency as a later years childminder.

(3) In subsection (2)—

(a) in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the later years childminder agency ”, and

(b) in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.

(4) In subsections (3) and (4), after “subsection (1)” insert “ (a) ”.

(5) After subsection (4) insert—

(4A) A later years childminder agency may grant an application under subsection (1)(b) only if— (a) the applicant is not disqualified from registration by regulations under section 75, (b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and (c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6) In subsection (5), after paragraph (a) insert—

(aa) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder if the applicant is registered with a childminder agency; (ab) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder if the applicant is registered— (i) with another childminder agency; (ii) in the early years register or the general childcare register;

18

(1) Section 55 (applications for registration: other later years providers) is amended as follows.

(2) After subsection (1) insert—

(1A) A person who proposes to provide on any premises later years provision in respect of which the person is required by section 53(1A) to be registered may make an application— (a) to the Chief Inspector for registration as a later years provider in respect of the premises, or (b) to a later years childminder agency for registration with that agency as a later years provider in respect of the premises.

(3) In subsection (2)—

(a) after “subsection (1)” insert “ or (1A) ”,

(b) in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the later years childminder agency ”, and

(4) In subsections (3) and (4), after “subsection (1)” insert “ or (1A)(a) ”.

(5) After subsection (4) insert—

(4A) A later years childminder agency may grant an application under subsection (1A)(b) only if— (a) the applicant is not disqualified from registration by regulations under section 75, (b) it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and (c) it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6) In subsection (5), after paragraph (a) insert—

(aa) prohibiting the applicant from being registered in Part A of the general childcare register as a later years provider other than a childminder if the applicant is registered with a childminder agency; (ab) prohibiting the applicant from being registered with a later years childminder agency as a later years provider other than a childminder if the applicant is registered— (i) with another childminder agency; (ii) in the early years register or the general childcare register;

19

(1) Section 56 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 54(1)” insert “ (a) ”.

(3) In subsection (2) after “section 55(1)” insert “ or (1A)(a) ”.

20

After section 56 insert—

(56A) (1) If an application under section 54(1)(b) is granted, the later years childminder agency must— (a) register the applicant in the register maintained by the agency as a later years childminder, and (b) give the applicant a certificate of registration stating that he or she is so registered. (2) If an application under section 55(1A)(b) is granted, the later years childminder agency must— (a) register the applicant in the register maintained by the agency as a later years provider other than a childminder, in respect of the premises in question, and (b) give the applicant a certificate of registration stating that he or she is so registered. (3) A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters. (4) If there is a change of circumstances which requires the amendment of a certificate of registration, the later years childminder agency must give the registered later years provider an amended certificate.

21

In section 57 (special procedure for registered early years providers), in the title for “registered early years providers” substitute “ providers registered in the early years register ”.

22

After section 57 insert—

(57A) (1) Subsection (2) applies where— (a) a person is registered with an early years childminder agency as an early years childminder, and (b) that agency is also a later years childminder agency. (2) If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must— (a) register the person in the register maintained by the agency as a later years childminder, and (b) give the person a certificate of registration stating that he or she is so registered. (3) Subsection (4) applies where— (a) a person is registered with an early years childminder agency in respect of particular premises as an early years provider other than a childminder, and (b) that agency is also a later years childminder agency. (4) If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter on the same premises, the agency must— (a) register the person in the register maintained by the agency as a later years provider other than a childminder, in respect of the premises, and (b) give the person a certificate of registration stating that he or she is so registered. (5) Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

23

In section 58 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in Part A of the general childcare register ”.

24

(1) Section 59 (regulations governing activities) is amended as follows.

(2) In subsection (4)—

(a) after “Chief Inspector” insert “ or later years childminder agencies ”, and

(b) omit “his”.

(3) In subsection (5)—

(a) after “Chief Inspector” insert “ or later years childminder agencies ”, and

(b) omit “his”.

(4) In subsection (6) after paragraph (a) (and before the “or” which follows it) insert—

(aa) by later years childminder agencies in the exercise of functions under this Part,

25

In section 60 (inspections), in subsection (1) for “under this Chapter” substitute “ in Part A of the general childcare register ”.

26

After Chapter 3 (regulation of later years provision for children under 8) insert—

(61A) (1) A person may make an application to the Chief Inspector for registration as a later years childminder agency. (2) An application under subsection (1) must— (a) give any prescribed information about prescribed matters, (b) give any other information which the Chief Inspector reasonably requires the applicant to give, and (c) be accompanied by any prescribed fee. (3) The Chief Inspector must grant an application under subsection (1) if— (a) the applicant is not disqualified from registration by regulations under section 76A, and (b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied. (4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant. (5) The prescribed requirements for registration may include requirements relating to— (a) the applicant; (b) any persons employed by the applicant; (c) management and control of the applicant (where the applicant is not an individual); (d) the provision to the Chief Inspector of information about later years providers registered with the applicant; (e) the applicant's arrangements for registering later years providers; (f) the applicant's arrangements in relation to training and monitoring later years providers, and providing such persons with information, advice and assistance; (g) the applicant's arrangements for ensuring that later years provision is of a sufficient standard. (61B) (1) If an application under section 61A is granted, the Chief Inspector must— (a) register the applicant in Part A of the general childcare register as a later years childminder agency, and (b) give the applicant a certificate of registration stating that the applicant is so registered. (2) A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters. (3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the later years childminder agency an amended certificate. (4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the later years childminder agency a copy, on payment by the agency of any prescribed fee. (61C) (1) If an early years childminder agency gives notice to the Chief Inspector of a wish to be a later years childminder agency the Chief Inspector must— (a) register the early years childminder agency in Part A of the general childcare register as a later years childminder agency, and (b) give the agency a certificate of registration stating that it is so registered. (2) Subsections (2) to (4) of section 61B apply in relation to a certificate of registration given in pursuance of subsection (1) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) of that section. (61D) (1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of a later years childminder agency under this Chapter. (2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 61B or 61C or at any subsequent time. (3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1). (4) A later years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1). (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (61E) (1) The Chief Inspector— (a) must inspect a later years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and (b) may inspect a later years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected. (2) For the purposes of an inspection under this section, the Chief Inspector may inspect later years provision provided by later years providers who are registered with the later years childminder agency for the purposes of Chapter 3. (3) The Chief Inspector may charge a prescribed fee for conducting an inspection of a later years childminder agency where— (a) the inspection is conducted at the request of the agency, and (b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection. (4) Regulations may make provision requiring a later years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section. (61F) (1) After conducting an inspection under section 61E, the Chief Inspector must make a report in writing on— (a) the quality and standards of the services offered by the later years childminder agency to later years providers registered with it, (b) the quality of leadership and management in the later years childminder agency, and (c) the effectiveness of the arrangements of the later years childminder agency for assuring itself of the quality of the care and education provided by the later years providers registered with it. (2) The Chief Inspector— (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy, (b) must ensure that a copy of the report is sent without delay to the later years childminder agency, (c) must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and (d) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate. (3) Regulations may make provision— (a) requiring the later years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons; (b) requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons; (c) authorising the agency in prescribed cases to charge a fee for providing a copy of the report. (61G) (1) A person who without reasonable excuse falsely represents that the person is a later years childminder agency commits an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 4 — Voluntary registration with childminder agency

27

The Childcare Act 2006 is amended as follows.

28

In section 65 (special procedure for persons already registered), in the title, at the end insert “ in a childcare register ”.

29

After section 65 insert—

(65A) (1) A person who is registered as an early years childminder with an early years childminder agency or as a later years childminder with a later years childminder agency may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision in England of— (a) later years childminding for a child who has attained the age of eight; (b) early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3. (2) If a person gives notice to an agency under subsection (1), the agency must— (a) register the person in the register maintained by the agency as a childminder registered under this Chapter, and (b) give the person a certificate of registration stating that he or she is so registered. (3) A person who is registered as an early years provider (other than a childminder) with an early years childminder agency or as a later years provider (other than a childminder) with a later years childminder agency in respect of particular premises may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision on the same premises of— (a) later years provision (other than later years childminding) for a child who has attained the age of eight; (b) early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3. (4) If a person gives notice to an agency under subsection (3), the agency must— (a) register the person in the register maintained by the agency as a provider of childcare (other than a childminder) registered under this Chapter, in respect of the premises, and (b) give the person a certificate of registration stating that he or she is so registered. (5) A certificate of registration given to the applicant in pursuance of subsection (2) or (4) must contain prescribed information about prescribed matters. (6) If there is a change of circumstances which requires the amendment of a certificate of registration, the agency must give the registered person an amended certificate.

30

In section 66 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in Part B of the general childcare register ”.

31

(1) Section 67 (regulations governing activities) is amended as follows.

(2) In subsection (4)—

(a) after “Chief Inspector” insert “ , early years childminder agencies or later years childminder agencies ”, and

(b) omit “his”.

(3) In subsection (5)—

(a) after “Chief Inspector” insert “ , early years childminder agencies or later years childminder agencies ”, and

(b) omit “his”.

(4) In subsection (6) after paragraph (a) (and before the “or” which follows it) insert—

(aa) by early years childminder agencies or later years childminder agencies in the exercise of functions under this Part,

PART 5 — Provisions applying in relation to all childminder agencies

32

The Childcare Act 2006 is amended as follows.

33

(1) Section 68 (cancellation of registration) is amended as follows.

(2) In subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.

(3) In subsection (2)—

(a) after “or 4” insert “ in the early years register or the general childcare register ”, and

(b) in paragraph (d) after “Chapter 2” insert “ in the early years register ”.

(4) In subsection (3) for “as an early years childminder under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years childminder ”.

(5) In subsection (4) for “as a later years childminder under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years childminder ”.

(6) In subsection (5) for “as a childminder under Chapter 4” substitute “ under Chapter 4 in Part B of the general childcare register as a childminder ”.

(7) In subsection (6) after “or 4” insert “ in the early years register or the general childcare register ”.

(8) In the title, at the end insert “ in a childcare register: early years and later years providers ”.

34

(1) Section 69 (suspension of registration) is amended as follows.

(2) In subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.

(3) In subsection (3) for “as an early years childminder under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years childminder ”.

(4) In subsection (4) for “as a later years childminder under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years childminder ”.

(5) In subsection (6) for “as an early years provider (other than an early years childminder) under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years provider (other than an early years childminder) ”.

(6) In subsection (7) for “as a later years provider (other than a later years childminder) under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) ”.

(7) In the title, at the end insert “ in a childcare register: early years and later years providers ”.

35

After section 69 insert—

(69A) (1) Regulations may make provision about the cancellation, termination and suspension of the registration of an early years provider or a later years provider with an early years childminder agency or a later years childminder agency for the purposes of Chapter 2, 3 or 4, in particular— (a) about the termination by an early years provider or a later years provider of his or her registration; (b) for the creation of offences relating to things done while a registration is suspended; (c) about the resolution of disputes between an early years provider or a later years provider and an early years childminder agency or a later years childminder agency. (2) Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension. (3) Regulations made by virtue of subsection (1)(b) may only create offences which are— (a) triable only summarily, and (b) punishable only with a fine not exceeding the level specified in the regulations, which may not exceed level 5 on the standard scale.

36

After section 69A (as inserted by paragraph 35) insert—

(69B) (1) The Chief Inspector must cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector that the person has become disqualified from registration by regulations under section 76A. (2) The Chief Inspector may cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector— (a) that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied, (b) that the person has failed to comply with a condition imposed on the registration under that Chapter, (c) that the person has failed to comply with a requirement imposed by regulations under that Chapter, (d) that the person has failed to comply with a requirement imposed by this Chapter, or by regulations under this Chapter, or (e) that the person has failed to pay a prescribed fee. (3) Where a requirement to make any changes or additions to any services has been imposed on a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency, the person's registration may not be cancelled on the ground of any defect or insufficiency in the services, if— (a) the time set for complying with the requirements has not expired, and (b) it is shown that the defect or insufficiency is due to the changes or additions not having been made. (4) Regulations may make provision about the effect of the cancellation under this section of the registration under Chapter 2A or 3A of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4. (69C) (1) Regulations may provide for the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency to be suspended for a prescribed period in prescribed circumstances. (2) Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension. (3) Regulations under subsection (1) may make provision about the effect of the suspension of the registration of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4. (4) A person registered under Chapter 2A as an early years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section— (a) exercise any functions of an early years childminder agency, or (b) represent that the person may exercise such functions. (5) A person registered under Chapter 3A as a later years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section— (a) exercise any functions of a later years childminder agency, or (b) represent that the person may exercise such functions. (6) A person commits an offence if, without reasonable excuse, the person contravenes subsection (4) or (5). (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

37

(1) Section 70 (voluntary removal from register) is amended as follows.

(2) In subsection (1) for “any of Chapters 2 to 4” substitute “ Chapter 2, 3 or 4 ”.

(3) In the title for “register” substitute “ a childcare register: early years and later years providers ”.

38

After section 70 insert—

(70A) (1) A person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency may give notice to the Chief Inspector of a wish to be removed from the early years register or (as the case may be) from Part A of the general childcare register. (2) If a person gives notice under subsection (1) the Chief Inspector must remove the person from the early years register or (as the case may be) from Part A of the general childcare register. (3) The Chief Inspector must not act under subsection (2) if— (a) the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of the Chief Inspector's intention to cancel the person's registration, and (b) the Chief Inspector has not decided that he or she no longer intends to take that step. (4) The Chief Inspector must not act under subsection (2) if— (a) the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of the Chief Inspector's decision to cancel the person's registration, and (b) the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.

39

In section 71 (termination of voluntary registration on expiry of prescribed period), in the title after “registration” insert “ in Part B of the general childcare register ”.

40

In section 72 (protection of children in an emergency), in subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.

41

(1) Section 73 (procedure for taking certain steps) is amended as follows.

(2) In subsection (3)(b) for “his” substitute “the person's”.

(3) In subsection (4) for “he” substitute “ the applicant or registered person ”.

(4) In subsection (5)—

(a) for “he” substitute “ the recipient ”, and

(b) for “him” substitute “ the recipient ”.

(5) In subsection (6) for “his” substitute “the recipient's”.

(6) In subsection (7) for “he” (in the second place it occurs) substitute “ the recipient ”.

(7) In subsection (9) for “he” substitute “ the person ”.

(8) In subsection (10) for “his” substitute “ the ”.

42

(1) Section 74 (appeals) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “his” substitute “ the ”,

(b) in paragraph (b) for “his” substitute “the person's”,

(d) in paragraph (e) for “his” substitute “the person's”.

(3) In subsection (5)(b) for “his” substitute “ the ”.

(4) In the title, at the end insert “ relating to registration in a childcare register ”.

43

In the italic heading before section 75 (disqualification from registration), at the end insert “ : early years and later years providers ”.

44

In the title of section 75, at the end insert “ : early years and later years providers ”.

45

(1) Section 76 (consequences of disqualification) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “34(1)” insert “ or (1A) ”, and

(b) in paragraph (c) after “53(1)” insert “ or (1A) ”.

(3) After subsection (3) insert—

(3A) An early years childminder agency must not register for the purposes of Chapter 2 a person who is disqualified from registration by regulations under section 75. (3B) A later years childminder agency must not register for the purposes of Chapter 3 a person who is disqualified from registration by regulations under section 75. (3C) An early years childminder agency or a later years childminder agency must not register for the purposes of Chapter 4 a person who is disqualified from registration by regulations under section 75.

(4) In subsection (4), for “or (3)” substitute “ , (3), (3A), (3B) or (3C) ”.

(5) In subsection (6)—

(a) after “A person” insert “ (“A”) ”, and

(b) for “he” (in each place it occurs) substitute “ A ”.

(6) After subsection (6) insert—

(6A) A person (“A”) who contravenes subsection (3A), (3B) or (3C) is not guilty of an offence under subsection (4) if A proves that A did not know, and had no reasonable grounds for believing, that the person registered by A was disqualified from registration.

(7) In the title, at the end insert “ : early years and later years providers ”.

46

After section 76 insert—

(76A) (1) In this section, “registration” means registration under Chapter 2A or 3A. (2) Regulations may provide for a person to be disqualified from registration. (3) Regulations under subsection (2) 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 76B) by reason of any fact which would otherwise cause the person to be disqualified if— (a) the person has disclosed the fact to the Chief Inspector, and (b) the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn the consent. (76B) (1) A person who is disqualified from registration by regulations under section 76A must not— (a) exercise any functions of an early years childminder agency or a later years childminder agency, (b) represent that the person can exercise such functions, (c) be a director, manager or other officer of, or partner in, an early years childminder agency or a later years childminder agency, be a member of the governing body of such an agency, or otherwise be directly concerned in the management of such an agency, or (d) work for such an agency in any capacity which involves entering premises on which early years provision or later years provision is being provided. (2) No early years childminder agency or later years childminder agency may employ a person who is disqualified from registration by regulations under section 76A in any capacity which involves— (a) being directly concerned in the management of an early years childminder agency or a later years childminder agency, or (b) entering premises on which early years provision or later years provision is being provided. (3) A person who contravenes subsection (1) or (2) commits an offence. (4) A person (“P”) who contravenes subsection (2) is not guilty of an offence under subsection (3) if P proves that P did not know, and had no reasonable grounds for believing, that the person whom P was employing was disqualified from registration. (5) A person guilty of an offence under subsection (3) 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. (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.

47

(1) Section 77 (powers of entry) is amended as follows.

(2) In subsection (1)—

(a) after “34(1)” insert “ or (1A) ”, and

(b) after “53(1)” insert “ or (1A) ”.

(3) In subsection (2)(a) for “or 60” substitute “ , 51D(2), 60 or 61E(2) ”.

(4) For the title substitute “ Chief Inspector's powers of entry: early years provision and later years provision ”.

48

For the title of section 78 substitute “ Powers of entry under section 77: requirement for consent ”.

49

After section 78 insert—

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