Office of Public Sector Information

PART 4 Fees for certificates

Fee payable for copy certificate where original is lost or destroyed

17.  For the purposes of sections 37(5), 56(5), 64(5) and 92(5) of the 2006 Act, the prescribed fee for a copy of a certificate of registration or combined certificate of registration that has been lost or destroyed is £7.00.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about fees payable by providers of childcare who are registered in either the early years register (“the EYR”), Part A of the general childcare register (“the GCR”) or Part B of the GCR under Part 3 of the Childcare Act 2006 (“the 2006 Act”).

Part 2 provides for application fees for registration in the EYR, Part A of the GCR or Part B of the GCR (“the Childcare Act registers”). The fees differ depending on whether a person is applying to be registered as a childminder or as a childcare provider other than a childminder. For the EYR only, the application fees for early years providers other than childminders also differ depending on the number of hours, and how frequently, the early years provision will be provided.

Part 3 provides for annual fees which must be paid by those registered in one of the Childcare Act registers. The annual fee is payable in respect of the discharge by the Chief Inspector of functions relating to the regulation and inspection of providers on the registers.

For those automatically transferring on 1st September 2008 from the childcare register under Part 10A of the Children Act 1989 (“the 1989 Act register”) to one of the Childcare Act registers, the annual fee will become payable on the anniversary of the person’s registration on the 1989 Act register. For all other providers, the annual fee will become payable on the anniversary of their registration in the EYR, Part A of the GCR or Part B of the GCR.

Different provision applies where a group of child minders were registered on the 1989 Act register, operated from the same domestic premises, transfer into one of the Childcare Act registers on 1st September 2008 and become registered collectively as a partnership, company or unincorporated association to provide early years provision other than childminding (“domestic group providers”). This is due to section 96(5) or 96(9) of the 2006 Act, the effect of which is that where the number of childminders or assistants operating from domestic premises exceeds three, this cannot be registered as childminding. In the case of such a provider, the date for payment of the annual fee is governed by the date of registration as a childminder in the 1989 Act register of the person in the company, partnership or unincorporated association who is the “nominated individual” (the person nominated to be responsible for dealing with matters relating to the registration, and for overseeing the management of the childcare provision).

Regulation 10(7) contains a transitional provision which will operate for 2 years and which applies to childcare providers (other than childminders) who transfer from the 1989 Act register to one of the Childcare Act registers on 1st September 2008. The transitional provision means that the threshold between the annual fee rates set out in regulation 10(2) and (3) is based on a period of 4 hours (rather than 3 hours).

Regulations 13 and 16 ensure that, where a person is registered in more than one of the Childcare Act registers, only one annual fee will be payable. If the person is registered in the EYR, and also in either Part A or Part B of the GCR, only the EYR annual fee will be payable, and the payment date will be linked to the date of registration in the EYR. If the person is registered in Part A and Part B of the GCR (but not in the EYR), only the Part A annual fee will be payable, and the payment date will be linked to the date of registration in Part A of the GCR.

Part 4 deals with the fee for a replacement certificate of registration.

An Impact Assessment has been produced for this instrument and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website http://www.opsi.gov.uk