OpenLegislation

Section 69 Suspension of registration in a childcare register: early years and later years providersF14I1I2

England and Wales

(1)

Regulations may provide for the registration of a person registered under Chapter 2, 3 or 4 F1in the early years register or the general childcare register to be suspended for a prescribed period in prescribed circumstances.

F2(1A)

Regulations under subsection (1) may in particular provide that registration may be suspended generally or only in relation to particular premises.

(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 F3under Chapter 2 in the early years register as an early years childminder F4with or without domestic premises F5—

(a)

may not provide early years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide early years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(4)

A person registered F6under Chapter 3 in Part A of the general childcare register as a later years childminder F7with or without domestic premises F8—

(a)

may not provide later years childminding at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide later years childminding on particular premises at any time when his registration under that Chapter is suspended in relation to those premises 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 F9under Chapter 2 in the early years register as an early years provider (other than an early years childminder) F10—

(a)

may not provide early years provision at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide early years provision on particular premises at any time when his registration under that Chapter is suspended in relation to those premises in accordance with regulations under this section.

(7)

A person registered F11 under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) F12—

(a)

may not provide later years provision, for a child who has not attained the age of 8, at any time when his registration under that Chapter is suspended generally in accordance with regulations under this section;

(b)

may not provide later years provision, for a child who has not attained the age of 8, on particular premises at any time when his registration under that Chapter is suspended in relation to those premises 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 F13First-tier Tribunal.

Annotations

Textual amendments

F1

Words in s. 69(1) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(2); S.I. 2014/889, arts. 3(m), 7(e)

F2

S. 69(1A) inserted (15.6.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 16(a); S.I. 2015/1329, reg. 4

F3

Words in s. 69(3) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(3); S.I. 2014/889, arts. 3(m), 7(e)

F4

Words in s. 69(3) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 23 (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F5

Words in s. 69(3) substituted (1.1.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 16(b); S.I. 2015/1329, reg. 6(b)

F6

Words in s. 69(4) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(4); S.I. 2014/889, arts. 3(m), 7(e)

F7

Words in s. 69(4) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 23 (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

F8

Words in s. 69(4) substituted (1.1.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 16(c); S.I. 2015/1329, reg. 6(b)

F9

Words in s. 69(6) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(5); S.I. 2014/889, arts. 3(m), 7(e)

F10

Words in s. 69(6) substituted (1.1.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 16(d); S.I. 2015/1329, reg. 6(b)

F11

Words in s. 69(7) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(6); S.I. 2014/889, arts. 3(m), 7(e)

F12

Words in s. 69(7) substituted (1.1.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 16(e); S.I. 2015/1329, reg. 6(b)

F13

Words in s. 69(11) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 221

F14

Words in s. 69 inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(7); S.I. 2014/889, arts. 3(m), 7(e)

Commencement

I1

S. 69 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I2

S. 69 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4