Childcare Act 2006

Cancellation of registration etc.E+W

68Cancellation of registrationE+W

(1)The Chief Inspector must cancel the registration of a person registered under Chapter 2, 3 or 4 if it appears to him that the person has become disqualified from registration by regulations under section 75.

(2)The Chief Inspector may cancel the registration of a person registered under Chapter 2, 3 or 4 if it appears to him—

(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 his registration under that Chapter,

(c)that he has failed to comply with a requirement imposed on him by regulations under that Chapter,

(d)in the case of a person registered under Chapter 2, that he has failed to comply with section 40(2)(a), or

(e)in any case, that he has failed to pay a prescribed fee.

(3)The Chief Inspector may cancel the registration of a person registered as an early years childminder under Chapter 2 if it appears to him that the person has not provided early years childminding for a period of more than three years during which he was registered.

(4)The Chief Inspector may cancel the registration of a person registered as a later years childminder under Chapter 3 if it appears to him that the person has not provided later years childminding for a period of more than three years during which he was registered.

(5)The Chief Inspector may cancel the registration of a person registered as a childminder under Chapter 4 if it appears to him that the person has provided neither early years childminding nor later years childminding for a period of more than three years during which he was registered.

(6)Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a person registered under Chapter 2, 3 or 4, his registration may not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises 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.

69Suspension of registrationE+W

(1)Regulations may provide for the registration of a person registered under Chapter 2, 3 or 4 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)A person registered as an early years childminder under Chapter 2 may not provide early years childminding in England at any time when his registration under that Chapter is suspended in accordance with regulations under this section.

(4)A person registered as a later years childminder under Chapter 3 may not provide later years childminding in England, for a child who has not attained the age of eight, at any time when his registration under that Chapter is suspended in accordance with regulations under this section.

(5)Subsection (3) or (4) does not apply in relation to early years childminding or (as the case may be) later years childminding which the person may provide without being registered under Chapter 2 or 3.

(6)A person registered as an early years provider (other than an early years childminder) under Chapter 2 may not provide early years provision on premises in England at any time when his registration under that Chapter in respect of the premises is suspended in accordance with regulations under this section.

(7)A person registered as a later years provider (other than a later years childminder) under Chapter 3 may not provide later years provision on premises in England, for a child who has not attained the age of eight, at any time when his registration under that Chapter in respect of the premises is suspended in accordance with regulations under this section.

(8)Subsection (6) or (7) does not apply in relation to early years provision or (as the case may be) later years provision which the person may provide without being registered under Chapter 2 or 3.

(9)A person commits an offence if, without reasonable excuse, he contravenes subsection (3), (4), (6) or (7).

(10)A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)In this Part, “the Tribunal” means the Tribunal established by section 9 of the Protection of Children Act 1999 (c. 14).

70Voluntary removal from registerE+W

(1)A person registered under any of Chapters 2 to 4 may give notice to the Chief Inspector that he wishes to be removed from the early years register or (as the case may be) from Part A or B of the general childcare register.

(2)If a person gives notice under subsection (1) the Chief Inspector must remove him from the early years register or (as the case may be) from the relevant Part 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 his intention to cancel his registration, and

(b)the Chief Inspector has not decided that he 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 his decision to cancel his 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.

(5)Subsections (3) and (4) do not apply if the person is seeking removal from Part B of the general childcare register.

71Termination of voluntary registration on expiry of prescribed periodE+W

Regulations may make provision requiring the Chief Inspector to remove a registered person from Part B of the general childcare register on the expiry of a prescribed period of time from the date of his registration.