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Childcare Act 2006

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Changes over time for: Cross Heading: Requirements to register

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Version Superseded: 01/09/2008

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Point in time view as at 31/01/2008.

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Childcare Act 2006, Cross Heading: Requirements to register is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Requirements to registerE+W

33Requirement to register: early years childmindersE+W

(1)A person may not provide early years childminding in England unless he is registered in the early years register as an early years childminder.

(2)The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.

(3)The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a)the person providing the early years childminding;

(b)the child or children for whom it is provided;

(c)the nature of the early years childminding;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(4)If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.

(5)An enforcement notice may be served on a person—

(a)by delivering it to him, or

(b)by sending it by post.

(6)An enforcement notice has effect until it is revoked by the Chief Inspector.

(7)A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I1S. 33 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

34Requirement to register: other early years providersE+W

(1)A person may not provide—

(a)early years provision on premises in England which are not domestic premises, or

(b)early years provision on domestic premises in England which would be early years childminding but for section 96(5),

unless he is registered in the early years register in respect of the premises.

(2)Subsection (1) does not apply in relation to early years provision for a child or children who has (or have) attained the age of three if—

(a)the provision is made at any of the following schools as part of the school's activities—

(i)a maintained school,

(ii)a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)an independent school,

(b)the provision is made by the proprietor of the school or a person employed to work at the school, and

(c)the child is a registered pupil at the school or, if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

(3)The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years provision.

(4)The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—

(a)the person providing the early years provision;

(b)the child or children for whom it is provided;

(c)the nature of the early years provision;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(5)A person commits an offence if, without reasonable excuse, he provides early years provision in contravention of subsection (1).

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I2S. 34 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

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