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Regulation 13 Effect of cancellation of an early years childminder agencyI1

England and Wales

(1)

The effect of the cancellation of the registration of an early years childminder agency on a provider who is registered with that agency at the point of cancellation is as follows—

F1(a)

in the case of a person who is registered as an early years childminder with domestic premises under Chapter 2 of Part 3 of the Act, the person is deemed registered in the early years register under section 37(1) of the Act;

(aa)

in the case of a person who is registered as an early years childminder without domestic premises under Chapter 2 of Part 3 of the Act, the person is deemed registered in the early years register under section 37(2A) of the Act;

(b)

in the case of an early years provider (other than a childminder) who is registered under Chapter 2 of Part 3 of the Act, the provider is deemed registered in the early years register under section 37(2) of the Act;

F2(c)

in the case of a person who is registered as childminder with domestic premises under Chapter 4 of Part 3 of the Act, the person is deemed registered in Part B of the general childcare register under section 64(1) of the Act;

(ca)

in the case of a person who is registered as a childminder without domestic premises under Chapter 4 of Part 3 of the Act, the person is deemed registered in Part B of the general childcare register under section 64(2A) of the Act;

(d)

in the case of an early or later years provider (other than a childminder) who is registered under Chapter 4 of Part 3 of the Act, the provider is deemed registered in Part B of the general childcare register under section 64(2) of the Act.

(2)

Paragraph (1) does not apply in circumstances where—

(a)

the provider (“P”) has provided the Chief Inspector with written confirmation that P does not wish to be registered in the early years register or Part B of the general childcare register; or

(b)

it appears to the Chief Inspector that P is disqualified from registration by regulations under section 75 of the Act.

(3)

In the circumstances described in paragraph (2) the effect of the cancellation of the registration of an early years childminder agency is that the provider is not registered for the purposes of Part 3 of the Act.

(4)

In this regulation “the point of cancellation” means—

(a)

the time at which the possibility of the early years childminder agency bringing an appeal against cancellation of registration under section 74 of the Act expires, or

(b)

if such an appeal is brought, the time when the appeal is determined (and the taking of the step is confirmed under section 74(4)(a) of the Act).

Annotations

Textual amendments

F1

Reg. 13(1)(a)(aa) substituted for reg. 13(1)(a) (1.11.2024) by The Levelling-up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 9(2)(a)

F2

Reg. 13(1)(c)(ca) substituted for reg. 13(1)(c) (1.11.2024) by The Levelling-up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 9(2)(b)

Commencement

I1

Reg. 13 in force at 1.9.2014, see reg. 1

Notes on Part 3

Textual amendments

F1

Pt. 3 heading substituted (27.11.2023) by The Childcare (Childminder Agencies) (Cancellation etc.) (Amendment) Regulations 2023 (S.I. 2023/1167), regs. 1(2), 2(2)