The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008

Made: 31st March 2008

Laid before Parliament: 11th April 2008

Coming into force: 1st September 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 37(3), 56(3), 64(3), 69(1) and (2), 90(2), 92(3), 96(6)(b) and 104(2) of the Childcare Act 2006 :

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008 and come into force on 1st September 2008.

Interpretation

2

In these Regulations—

• “the Act” means the Childcare Act 2006;

• “additional premises application” means an application by the registered person to the relevant person for approval of the suitability of additional premises—under regulation 8A of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012;under paragraph 13ZA of Schedule 3 to the Childcare (General Childcare Register) Regulations 2008; orunder paragraph 14A of Schedule 6 to the Childcare (General Childcare Register) Regulations 2008;

• “additional premises” means premises which the relevant person has not already approved as suitable for the provision of childcare by the registered person;

• “approved premises” means premises that have been approved by the relevant person as suitable for the provision of childcare by the registered person at the time of registration or following an additional premises application;

• “registered person” means a person who is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the Act.

• “relevant person” means the Chief Inspector or, if the registered person is registered with a childminder agency, the childminder agency.

Prescribed day for the purposes of the definition of “later years provision”

3

The day prescribed for the purposes of section 96(6)(b) of the Act is the day on which the child attains the age of 18.

PART 2 — Disclosure of information

Power of Chief Inspector where consent to disclosure withheld

4

The Chief Inspector may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied.

Prescribed descriptions of information

5

• (1) Information is of a prescribed description for the purposes of section 90(2)(a)(iii) if it falls within any of the descriptions set out in paragraph (2).

• (2) The information—

• (a) confirms the identity of A ;

• (b) is information about A contained in a criminal record certificate issued under section 113A of the Police Act 1997 or in an enhanced criminal record certificate issued under section 113B of that Act;

• (c) confirms a relevant qualification claimed by A;

• (d) is information about the health of A held by a medical practitioner;

• (e) is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, employment record or other relevant experience of A held by—

• (i) an educational institution currently or formerly attended by A,

• (ii) an employer or former employer of A, or

• (iii) a medical practitioner;

• (f) is information about the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility;

• (g) is information about A held by a local authority in connection with the exercise of its social services functions;

• (ga) is information about A held by a childminder agency in connection with the exercise of its functions under Part 3 of the Act;

• (h) is information about A, whether or not of a kind described in sub-paragraphs (a) to (g), held by—

• (i) the Welsh Ministers in pursuance of their functions as registration authority under Part 2 of the Children and Families (Wales) Measure 2010;

• (ii) Social Care and Social Work Improvement Scotland, pursuant to Part 5 of the Public Services Reform (Scotland) Act 2010;

• (iii) a Health and Social Services Board, pursuant to Part 11 of the Children (Northern Ireland) Order 1995 ;

• (iv) a body acting on behalf of the Crown in the Channel Islands or the Isle of Man;

• (v) the national authority of a member state of the European Economic Area having functions comprising the regulation of childcare.

• (3) In this regulation—

• “employment” includes work undertaken on a self-employed or voluntary basis (and “employer” is to be read accordingly);

• “relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to the Chief Inspector's function of deciding whether or not to grant an application for registration under any of Chapters 2 to 4 of the Act, or to the function under section 68(2)(a) or 69B(2)(a) of the Act;

• “social services functions” means any functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 or, as the case may be, the Social Services and Well-being (Wales) Act 2014.

PART 3 — Certificates of registration

Content of certificate of registration

6

• (1) A certificate of registration given in accordance with section 37, 56 or 64 of the Act must contain the following information—

• (a) the name of the registered person;

• (b) the registered person’s principal postal correspondence address;

• (c) the date of registration;

• (d) any unique reference number or other identifier issued by the Chief Inspector in respect of the registration;

• (e) whether the registered person is registered in the early years register or Part A or B of the general childcare register;

• (f) whether—

• (i) in the case of a person who is registered in the early years register or in Part A of the general childcare register, the registered person is registered as—

• (aa) an early years childminder with or without domestic premises;

• (bb) a later years childminder with or without domestic premises;

• (cc) an early years provider other than a childminder;

• (dd) a later years provider other than a childminder;

• (ii) in the case of a person who is registered in Part B of the general childcare register, the registered person is registered as—

• (aa) a childminder with or without domestic premises; or

• (bb) a provider of childcare other than a childminder.

• (g) any conditions imposed on the registered person’s registration under section 38, 58 or 66 of the Act, and the date on which they were imposed;

• (h) if the registered person is registered as an early years childminder or as a later years childminder (whether with or without domestic premises) under Chapter 2 or 3 or, as the case may be, as a childminder (whether with or without domestic premises) under Chapter 4 of Part 3 of the Act—

• (i) the address of any domestic premises where the registered person provides the early years childminding or the later years childminding; and

• (ii) the address of any approved premises which are non-domestic premises;

• (i) if the registered person provides early years provision or later years provision which would be early years childminding or later years childminding, at least some or all of which is on domestic premises, but for section 96(5) or (9) of the Act, the address of the approved premises;

• (k) if the registered provider does not fall within paragraph (h) or (i)—

• (i) the address of approved premises; and

• (ii) the date on which the premises were approved.

Content of combined certificate of registration

7

A combined certificate of registration given in accordance with section 92 of the Act must contain the name of the registered person and the information specified in regulation 6(b) to (k) in respect of the registered person’s registration.

PART 4 — Suspension of registration

Suspension of registration

8

The registration of a person who is registered under Chapter 2, 3 or 4 in the early years register or the general childcare register may be suspended , generally or only in relation to particular premises, by the Chief Inspector, by notice, in the circumstances prescribed in regulation 9 for the period prescribed in regulation 10.

Circumstances in which registration may be suspended

9

The circumstances prescribed for the purposes of section 69(1) of the Act are that the Chief Inspector reasonably believes that the continued provision of childcare by the registered person to any child may expose such a child to a risk of harm.

Suspension of registration: further provisions

10

• (1) Subject to paragraph (2), the period for which the registration of a registered person may be suspended , generally or only in relation to particular premises, is six weeks beginning with the date specified in the notice of suspension given in accordance with paragraph (4).

• (2) Subject to paragraph (3), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the Chief Inspector's power to suspend registration , generally or only in relation to particular premises, may only be exercised so as to give rise to a continuous period of suspension of 12 weeks.

• (3) Where, however, it is not reasonably practicable (for reasons beyond the control of the Chief Inspector)—

• (a) to complete any investigation into the grounds for the Chief Inspector's belief referred to in regulation 9, or

• (b) for any necessary steps to be taken to eliminate or reduce the risk of harm referred to in regulation 9,

within a period of 12 weeks, the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a), or until the steps referred to in sub-paragraph (b) have been taken.

• (4) A notice under regulation 8 may be given to the registered person—

• (a) by delivering it to the registered person,

• (b) by sending it by post, or

• (c) subject to paragraph (5), by transmitting it electronically.

• (5) If the notice is transmitted electronically, it is to be treated as given to the registered person only if—

• (a) the registered person has indicated to the Chief Inspector a willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose, and

• (b) the notice is sent to that address.

Lifting of suspension

11

If, at any time during a period of suspension under regulation 8, it appears to the Chief Inspector that the circumstances prescribed in regulation 9 no longer exist, the Chief Inspector must lift the suspension.

Appeal against suspension

12

• (1) A registered person whose registration has been suspended , generally or only in relation to particular premises, under regulation 8 may appeal to the ... Tribunal against the suspension.

• (2) On an appeal under paragraph (1), the ... Tribunal must either—

• (a) confirm the Chief Inspector's decision to suspend registration, or

• (b) direct that the suspension shall cease to have effect.

• (3) In a case where the suspension of a registered person's registration ends before the ... Tribunal determines the appeal in accordance with paragraph (2), the ... Tribunal must dismiss the appeal.

Meaning of “harm”

13

In this Part of these Regulations, “harm” has the same meaning as in section 31(9) of the Children Act 1989 .

Signed

Beverley Hughes — Minister of State — 2008-03-31

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2006 c.21. See section 98(1) for the definitions of “prescribed” and “regulations”.

[^f00002]: For the definition of “the Chief Inspector” see section 98(1) of the Childcare Act 2006, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

[^f00003]: Reference to “A” is made in section 90(2)(a) of the Childcare Act 2006.

[^f00004]: 1997 c.50. Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15), and was amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c.47) and sections 78(2) and 79(1) of, and paragraph 28 of Schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

[^f00005]: Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005, and was amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52) and sections 79(1) and 80 of the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00006]: 1989 c.41. Part 10A was inserted by section 79 of the Care Standards Act 2000 (c.14).

[^f00007]: 2001 asp 8.

[^f00008]: S.I. 1995/755 (N.I.2).

[^f00009]: 1970 c.42.

[^f00010]: See section 32 of the Childcare Act 2006 for the requirement on the Chief Inspector to maintain the early years register and the general childcare register.

[^f00011]: See section 69(11) of the Childcare Act 2006 for the meaning of “the Tribunal”.

[^f00012]: Section 31(9) was amended by section 120 of the Adoption and Children Act 2002 (c.38).

Editorial notes

[^c19205021]: 2006 c.21. See section 98(1) for the definitions of “prescribed” and “regulations”.

[^c19205031]: For the definition of “the Chief Inspector” see section 98(1) of the Childcare Act 2006, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

[^c19205041]: Reference to “A” is made in section 90(2)(a) of the Childcare Act 2006.

[^c19205051]: 1997 c.50. Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15), and was amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c.47) and sections 78(2) and 79(1) of, and paragraph 28 of Schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

[^c19205061]: Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005, and was amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52) and sections 79(1) and 80 of the Protection of Vulnerable Groups (Scotland) Act 2007.

[^c19205091]: S.I. 1995/755 (N.I.2).

[^c19205101]: 1970 c.42.

[^c19205131]: Section 31(9) was amended by section 120 of the Adoption and Children Act 2002 (c.38).

[^key-ff7567186ba9d07a202d2eb46d206405]: Words in reg. 12 substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 343

[^key-eafc0023a8090009358a6939b425e12b]: Reg. 5(2)(h)(i) substituted (W.) by S.I. 2010/2582, Sch. 4 para. 21 (as inserted (1.4.2011) by The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011 (S.I. 2011/577), art. 2(3), Sch.)

[^key-da0e572d2a34b12f6cb0fd9ecbc58fb6]: Reg. 5(2)(h)(ii) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 59