Section 53: Requirement to register: other later years providers for children under eight

120.     This section sets out the requirement for registration for later years providers (other than childminders) providing childcare for children up to the age of 8. Such later years providers must be registered in respect of particular premises.

121.      Subsection (2) specifically exempts from this requirement later years provision made at a maintained school, non-maintained special school or independent school where that provision is made by the school and one or more pupils attends it. Subsection (3) makes provision for the Secretary of State to exempt providers by order from the requirement to be registered. It is an offence to provide non-exempted later years provision without registration.

Section 54: Applications for registration: later years childminders

122.     This section deals with applications for registration as a later years childminder for children under 8. It requires applicants to give certain information to the Chief Inspector and pay any prescribed fee. The Chief Inspector must register the person if they are not disqualified from registration and any requirements for registration are satisfied and are likely to continue to be satisfied. A person may be disqualified from registration by regulations made under section 75. These may be used to disqualify, for example, persons on the list kept under section 1 of the Protection of Children Act 1999 (c.14). Registration requirements may include requirements relating to the premises on which the provision is to be provided.

Section 55: Applications for registration: other later years providers

123.     This section deals with applications for registration by other later years providers (who are not childminders) for children under 8. Applicants are required to give certain information to the Chief Inspector and pay any prescribed fee. As with applications for childminding, the Chief Inspector must register the person if they are not disqualified from registration and any requirements for registration are satisfied and are likely to continue to be satisfied.

Section 56: Entry on the register and certificates

124.     This section requires the Chief Inspector to enter successful applicants in Part A of the general childcare register and give them a registration certificate. Should changes in circumstance mean that the certificate needs to be changed then the Chief Inspector must give the registered person an amended certificate. The Chief Inspector must also provide a copy of lost or destroyed certificates on payment of a prescribed fee.

Section 57: Special procedure for registered early years providers

125.     Section 57 requires the Chief Inspector, on request, to register a person in Part A of the general childcare register if he is already registered as an early years provider in the early years register.

126.     For providers other than childminders this applies only where the care for over 5s is being provided on the same set of premises as the care in respect of which the provider is registered in the early years register.

127.     The usual rules about amendment and loss of certificates apply to certificates granted under this special procedure (see subsection (3)).

Section 58: Conditions on registration

128.     This section deals with conditions on registration for compulsorily registered later years providers. It allows the Chief Inspector to impose any conditions he thinks fit at any time and to vary or remove any conditions at any time. Conditions may include (but are not limited to) conditions to ensure that providers comply with regulations. It is an offence for a person not to comply with conditions on his registration.

Section 59: Regulations governing activities

129.     This section allows the Secretary of State to make regulations governing the activities of compulsorily registered later years providers. These may cover issues such as the welfare of children, suitable persons and premises, complaints procedures and the provision of information. The regulations may provide for the Chief Inspector to take into account a failure to meet requirements imposed by the regulations. Regulations may also be made making breach of requirements imposed by the regulations an offence.

Section 60: Inspections

130.     Section 60 requires the Chief Inspector to inspect compulsorily registered later years provision at any time when the Secretary of State requires it. Such a requirement may relate to later years provision at particular premises or to later years provision at a particular class of premises. The section also gives the Chief Inspector power to inspect when he considers it appropriate to do so.

Section 61: Report of inspections

131.     Section 60 provides that, after an inspection of compulsory registered later years provision, the Chief Inspector may if he decides that it is appropriate to do so write a report. The report may cover matters such as the quality and standards of the later years provision and its contribution to the well-being of the children being looked after. Subsections (2) and (3) deal with publication of the report.

Chapter 4 - Voluntary registration

Section 62: Applications for registration on the general register: childminders

132.     Section 62 deals with applications for voluntary registration by childminders. This applies to childminders who are not required to be registered because, for example, they care only for children aged 8 and over or because they are exempt from registration by virtue of an order made by the Secretary of State under section 33(2) (which deals with early years childminders) or section 52(2) (which deals with later years childminders). Such childminders are able to make an application to be registered in Part B of the general childcare register. The prescribed registration requirements (which may, for example, relate to the applicant and the premises) must be satisfied, and applicants must pay a prescribed fee. The Chief Inspector must grant registration as long as the applicant is not disqualified under section 75, and the Chief Inspector is satisfied that registration requirements are met and will continue to be met.

Section 63: Applications for registration on the general register: other childcare providers

133.     This section makes provision for the voluntary registration of childcare providers (other than childminders) who are not required to be registered. Such providers are able to make an application to be registered in Part B of the general childcare register. This does not apply to provision made by schools for children who are 3 or over, where at least one child is a registered pupil at the school. The provision made by section 63 is similar to the provision made by section 62 for childminders but applications must be made in respect of particular premises.

Section 64: Entry on the register and certificates

134.     Section 64 requires the Chief Inspector to register successful applicants on Part B of the general childcare register, and to give them a registration certificate containing information about prescribed matters. If there is a change in circumstances which requires an amendment to the certificate, the Chief Inspector must issue an amended certificate. If the Chief Inspector is satisfied that a certificate has been lost or destroyed he must provide a copy for the registered person, on payment of a prescribed fee.

Section 65: Special procedure for persons already registered

135.     Section 65 requires the Chief Inspector to register on Part B of the general childcare register any person who is already registered either as an early years provider on the early years register or as a later years provider on Part A of the general childcare register, if that person so requests. For providers who are not childminders, this applies only where the care which is not required to be registered is being provided on the same set of premises as the care which is registered.

Section 66: Conditions on registration

136.     Section 66 allows the Chief Inspector to place conditions on the registration of voluntarily registered providers and to vary or remove such conditions. Failure to comply with a condition is an offence.

Section 67: Regulations governing activities

137.     This section allows the Secretary of State, after consulting the Chief Inspector, to make regulations governing the activities of voluntarily registered providers. Under subsections (4) and (5), this power may be exercised to confer powers and impose duties on the Chief Inspector in the exercise of his functions under Part 3. In particular it may be exercised so as to require the Chief Inspector, in exercising these functions, to have regard to factors, standards and other matters prescribed by or referred to in the regulations.

138.     Subsection (6) provides that where the regulations require a person other than the Chief Inspector to have regard to or meet factors, standards and other matters, they may also allow for any allegation that the person has failed to do so to be taken into account by the Chief Inspector in the exercise of his functions under Part 3 or in any proceedings under that Part.

139.     It is not an offence to breach such regulations, but registration may be cancelled if requirements are not met.

Chapter 5 - Common Provisions

Section 68: Cancellation of registration

140.     Section 68 deals with cancellation of the registration of a provider registered on the early years register or either part of the general childcare register. It requires the Chief Inspector to cancel registration if a person becomes disqualified from registration and allows him to cancel registration where requirements are not met, conditions are not complied with or fees are not paid. Subsections (3) to (5) allow the Chief Inspector to cancel a childminder's registration if they appear not to have provided any relevant childminding for more than 3 years of their registration.

Section 69: Suspension of registration

141.     Section 69 allows the Secretary of State to make regulations to allow a person's registration to be suspended in certain circumstances. Where a person who is required to be registered has their registration suspended, they may not during that time provide care for children in respect of which they are required to be registered and a person who does so commits an offence.

Section 70: Voluntary removal from register

142.     Section 70 allows registered providers to give notice to the Chief Inspector when they wish to be removed from either of the registers. The Chief Inspector is generally required to remove from the register anyone who has given notice. However, the Chief Inspector may not remove the person if the Chief Inspector has already sent notice of his intention to cancel registration and he has not yet decided against that step or if he has already sent notice of a decision to cancel registration and the time for appeal is still running. These restrictions on removal do not apply to providers who wish to be removed from Part B of the general childcare register (which contains the names of those who have registered voluntarily).

Section 71: Termination of voluntary registration on expiry of prescribed period

143.     Section 71 allows the Secretary of State to make regulations specifying a period of time after which voluntary registration will expire. Providers who wished to continue to be registered would be required to reapply for registration on expiry of this period.

Section 72: Protection of children in an emergency

144.     Section 72 allows the Chief Inspector to apply to a Justice of the Peace for an order cancelling registration, varying or removing a condition on registration or imposing a condition. This application may be made without giving notice to the registered person. The Justice of the Peace has the power to make the order if it appears that a child for whom care is being provided by that person is suffering or is likely to suffer harm. Harm and significant harm are defined by reference to the Children Act 1989 under which harm is defined as ill treatment or impairment of physical or mental health or physical, intellectual, emotional, social or behavioural development, including impairment which may be suffered from seeing or hearing another person being ill-treated. "Significant harm" is defined by reference to the child's health or development as compared to what could reasonably be expected of another child.

Section 73 - Procedure for taking certain steps

145.     Section 73 sets out the procedure for taking certain steps such as refusing an application for registration, imposing, varying, removing or refusing to remove conditions on registration and cancelling registration. Subsection (4) requires the Chief Inspector to give 14 days notice before taking such a step and the person concerned must be given an opportunity to make an objection if he so wishes. However, the Chief Inspector may take such a step before the 14 days is up if the applicant indicates he will not be objecting.

146.     The taking of certain steps does not have effect until the time for appealing has expired or, if an appeal is brought, until the appeal is determined. There is an exception to this where the person affected has notified the Chief Inspector that he does not intend to appeal (see subsections (8) and (9)).

Section 74: Appeals

147.     Section 74 sets out the procedure for appeals and replicates the existing position in the Children Act 1989. The section allows the applicant or registered person to appeal to the Tribunal set up under the Protection of Children Act 1999 (and commonly known as the Care Standards Tribunal) against the taking of the steps specified in subsection (1). Subsection (2) also allows appeals to the Tribunal against any other determinations made by the Chief Inspector which are prescribed in regulations. Subsection (3) makes provision for appeals against orders under section 72 (which deals with protection of children in an emergency).

148.     Subsection (4) requires the Tribunal to either confirm the step or determination or direct that it shall not have effect. In some circumstances, the Tribunal may also impose conditions or vary or remove conditions imposed on registration.

Section 75: Disqualification from registration

149.     Section 75 sets out the provisions for disqualification from registration. This is largely based on existing provisions in paragraph 4 of Schedule 9A to the Children Act 1989. It provides for the Secretary of State to make regulations setting out when a person may be disqualified from registration. Subsection (3) sets out particular circumstances in which the regulations may provide for a person to be disqualified. Subsection (4) allows regulations to provide for a person to be disqualified if he lives in the same household as someone who is disqualified or if he lives in a household in which any such person is employed. Subsection (5) makes provision for the regulations to allow the Chief Inspector to waive disqualification in certain circumstances.

Section 76: Consequences of disqualification

150.     Section 76 sets out the consequences of disqualification. These are that a disqualified person may not provide any provision in respect of which he is required to be registered (or only exempt from registration by virtue of the provision being made at certain schools). Subsection (3) provides that no one may employ a disqualified person in connection with provision that is required to be registered (or exempt school provision).

151.      Contravention of these prohibitions is an offence (see subsection (4)). However there are defences to the offence. Under subsection (5) a person who is disqualified by virtue of living in a household in which a disqualified person lives or works does not commit an offence if he does not know and has no reasonable grounds for believing that a person who lives or works in his household is disqualified. A person who employs someone who is disqualified does not commit an offence if he does not know and has no reasonable grounds for believing that the employee was disqualified.

Section 77: Powers of entry

152.     Section 77 gives a person authorised by the Chief Inspector powers of entry at any reasonable time on premises if he has reasonable cause to believe that a person is providing early years or later years provision on the premises without being registered as required by the Act (subsection (1)). It also gives a power of entry on the premises of any registered providers at any reasonable time (subsection (2)).

153.      Subsection (7) provides that the person requesting entry under this power must show an authenticated document showing their authority to enter if requested. Under subsection (8) it is an offence intentionally to obstruct a person exercising powers under this section (which include powers to inspect premises and interview in private the person caring for the children). Subsection (9) specifies the penalty for the offence, a fine not exceeding level 4 on the standard scale.

Section 78: Requirement for consent to entry

154.     There are circumstances in which a power of entry conferred by the Act is exercisable on domestic premises. In particular, many children are looked after in the homes of their childminders.

155.      In other cases, children may be looked after in the home of a friend or relative of the childminder or in their own home. In such cases, section 78 generally requires the consent of an adult occupying the property before a power of entry under the Act may be exercised (see subsection (2)). This requirement does not apply to entry under section 77(1) (which covers rights of entry where a person authorised by the Chief Inspector has reasonable cause to believe that that a person is providing early years or later years provision without being registered as required by the Act).

156.     Subsection (3) clarifies that the Chief Inspector may impose a condition on registration requiring a provider who operates on premises which are not his own to obtain the necessary consent to entry.

Section 79: Power of constable to assist in exercise of powers of entry

157.     Section 79 is based on existing powers in section 102 of the Children Act 1989 allowing a constable to assist in the exercise of powers of entry.

158.     Subsection (1) enables a person authorised for the purposes of section 77(1) or (2) to apply for a warrant authorising a police constable to assist him in the exercise of a power conferred by that section.

159.     Subsection (2) provides that the court may issue such a warrant if it appears that the authorised person has attempted to exercise a power conferred by section 77 but has been prevented from doing so or that the authorised person is likely to be prevented from exercising any such power. The warrant authorises the use of reasonable force by the constable providing assistance, if this is necessary.

160.     Subsection (3) provides that the warrant must be both addressed to and executed by a constable.

161.     Subsection (4) provides that Schedule 11 to the Children Act 1989 applies for the purposes of determining jurisdiction in relation to proceedings for the issue of a warrant under this section.

162.     Subsection (5) defines what is meant by "court" for the purposes of the section. This is subject to any provision made by or under Schedule 11 of the Children Act 1989 (c.41) determining which court has jurisdiction. The effect of subsections (4) and (5) is that proceedings may be brought in the High Court, county court or magistrates' court but this is subject to any provision, made by or under Schedule 11 of the Children Act 1989, which has the effect of determining that proceedings must be brought in a particular court.

Section 80: Combined reports

163.     Section 80 allows for the Chief Inspector to combine reports (if he considers it appropriate) in certain cases. For example, he may combine reports where he carries out inspections of compulsorily registered early years provision and compulsorily registered later years provision. This power may be useful where a childminder cares for both young children and older children.

Section 81: Information to be included in annual reports

164.     This section requires the Chief Inspector to include an account of the exercise of his functions relating to early years and later years provision in his annual report to the Secretary of State under section 3(a) of the Education Act 2005.

Section 82: Supply of information to Chief Inspector

165.     This section allows the Chief Inspector to require from a registered person information about their activities as an early years or later years provider. The information is limited to that which the Chief Inspector considers it is necessary to have for the purpose of his functions under Part 3.

Section 83: Supply of Information to HMRC and local authorities

166.     This section requires the Chief Inspector to give HMRC (Her Majesty's Revenue and Customs) and the relevant local authority information (to be prescribed in regulations) when he takes certain steps under Part 3, such as adding or removing a name from a register. The information which may be prescribed is, in the case of HMRC, information relevant to their functions relating to tax credits and, in the case of local authorities, information which would assist them in the running of the information service which they are required to establish under section 12 of the Act.

Section 84: Disclosure of information for certain purposes

167.     Section 84 allows the Chief Inspector to make prescribed information about registered persons available (to such persons and in such manner as he feels appropriate) for the purpose of (a) assisting parents in choosing a childcare provider or (b) protecting children from harm and neglect. Subsection (3) allows the Secretary of State to make regulations requiring the Chief Inspector to provide prescribed information about registered persons to prescribed people for either of those purposes. This could include, for example, passing information to the police or other child protection agencies for the purpose of protecting children from harm.

Section 85: Offence of making false or misleading statement

168.     Section 85 makes it an offence for any person applying for registration (whether compulsory or voluntary) to knowingly make a false or misleading statement in their application.

Section 86: Time limit for proceedings

169.     Section 86 has the effect that where a person commits an offence proceedings may be brought up to six months after a prosecutor decides there is enough evidence. No proceedings may be brought in respect of an offence after three years have passed since the date of the alleged offence.

Sections 87 and 88: Offences by bodies corporate and unincorporated associations

170.     Section 87 applies where an offence under the Act is committed by a body corporate and makes provision for the liability of directors, managers or other officers of the company.

171.     Section 88 makes provision for how childcare providers who are unincorporated associations are to be treated for the purposes of proceedings for offences relating to registration. Proceedings must be brought against the organisation using its name rather than the name of individual members. In this and other matters relating to the proceedings, including liability for payment of any fine, the unincorporated association is to be treated as if it were a body corporate. Subsection (5) ensures that where an individual officer or member of the governing body of the association has consented or connived in the committing of an offence, or where an offence is attributable to that person's neglect, they may be held liable as well as the association.

Section 89: Fees

172.     Section 89 allows the Secretary of State to prescribe in regulations the amounts of fees to be paid to the Chief Inspector and the timing of payment. Regulations may also make provision allowing fees payable to be waived or varied in accordance with the regulations.

Section 90: Cases where consent to disclosure withheld

173.     For the purpose of making decisions about registration, it may be necessary for the Chief Inspector to obtain information from third parties which relates to an applicant for registration or a registered person (or to other persons who may be caring for the children concerned). Section 90 enables the Secretary of State to make regulations allowing the Chief Inspector to refuse or to cancel registration if consent to the disclosure of information by third parties is withheld or consent is withdrawn. This section replaces (for England) the provision made by section 79B(5A) of the Children Act 1989.

Section 91: Co-operation between authorities

174.     Section 91 sets out the requirements relating to co-operation by the local authority with the Chief Inspector and replaces (for England) similar provision made by paragraph 8 of Schedule 9A to the Children Act 1989.

Section 92: Combined certificates of registration

175.     Section 92 allows for the Chief Inspector (where he considers it appropriate and is required to issue more than one certificate of registration to a person) to combine any two or more certificates in a single document.