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The Childcare (Early Years Register) Regulations 2008

S.I. 2008/974 · Made 31 March 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Children And Young Persons, England

Made 31st March 2008

Laid before Parliament 11th April 2008

Coming into force 1st September 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 35(2)(a), (3)(b) and (5), 36(2)(a), (3)(b) and (5) and 104(2) of the Childcare Act 2006f1:

Annotations to the whole text

Footnotes

f1

2006 c.21. See section 98(1) for the definitions of “prescribed” and “regulations”.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Prescribed requirements for registration
  4. 4Information to accompany application for registration
  5. Signature
  6. Schedule 1: Applications for registration: early years childminders
  7. Part 1: Prescribed requirements for registration
  8. 1Requirements relating to the applicant
  9. 2Requirements relating to the applicant
  10. 3Requirements relating to the applicant
  11. 4Requirements relating to the applicant
  12. 5Requirements relating to the applicant
  13. 6Requirements relating to the applicant
  14. 7Requirements relating to the applicant
  15. 8Requirements relating to other persons
  16. 9Requirements relating to other persons
  17. 10Requirements relating to other persons
  18. 11Requirements relating to other persons
  19. Part 2: Prescribed information about prescribed matters
  20. 12Information relating to the applicant
  21. 13Information relating to the applicant
  22. 14Information relating to the applicant
  23. 15Information relating to the applicant
  24. 16Information relating to the applicant
  25. 17Information relating to the applicant
  26. 18Information relating to other persons
  27. 19Information relating to other persons
  28. 20Information relating to other persons
  29. 21Information relating to the early years childminding
  30. 22Information relating to the early years childminding
  31. Schedule 2: Applications for registration: other early years providers
  32. Part 1: Prescribed requirements for registration
  33. 1Requirements relating to the applicant
  34. 2Requirements relating to the applicant
  35. 3Requirements relating to the applicant
  36. 4Requirements relating to the applicant
  37. 5Requirements relating to the applicant
  38. 6Requirements relating to the manager
  39. 7Requirements relating to the manager
  40. 8Requirements relating to the manager
  41. 9Requirements relating to the nominated individual and other persons
  42. 10Requirements relating to the nominated individual and other persons
  43. 11Requirements relating to the nominated individual and other persons
  44. 12Requirements relating to the nominated individual and other persons
  45. 13Requirement for first aid qualification
  46. 14Additional requirements for certain early years provision on domestic premises
  47. Part 2: Prescribed information about prescribed matters
  48. 15Information relating to the applicant and the nominated individual
  49. 16Information relating to the applicant and the nominated individual
  50. 17Information relating to the applicant and the nominated individual
  51. 18Information relating to the manager
  52. 19Information relating to the manager
  53. 20Information relating to the manager
  54. 21Information relating to the manager
  55. 22Information relating to the manager
  56. 23Information relating to the manager
  57. 24Additional information for certain early years provision on domestic premises
  58. 25Information relating to the early years provision
  59. Explanatory note

1Citation and commencement

These Regulations may be cited as the Childcare (Early Years Register) Regulations 2008 and come into force on 1st September 2008.

2Interpretation

In these Regulations—

  • “the Act” means the Childcare Act 2006;

  • “appropriate first aid qualification” means a qualification in first aid appropriate for the treatment of children for whom early years provision is provided;

  • “enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997f1;

  • “the EYFS learning and development requirements” means the requirements specified under section 39(1)(a) of the Act;

  • “the EYFS welfare requirements” means the requirements specified under section 39(1)(b) of the Act;

  • “relevant premises” means, in relation to early years provision by a person, the premises or part of the premises on which that early years provision is provided or will be provided.

3Prescribed requirements for registration

(1)

Part 1 of Schedule 1 contains requirements prescribed for the purposes of section 35(3)(b) of the Act.

(2)

Part 1 of Schedule 2 contains requirements prescribed for the purposes of section 36(3)(b) of the Act.

4Information to accompany application for registration

(1)

An application under section 35(1) of the Act must include the information in Part 2 of Schedule 1 about the matters mentioned there.

(2)

An application under section 36(1) of the Act must include the information in Part 2 of Schedule 2 about the matters mentioned there.

Signature

Beverley Hughes

Minister of State

Department for Children, Schools and Families

31st March 2008

1Requirements relating to the applicant

The applicant is an individual who is suitable to provide early years childminding.

2Requirements relating to the applicant

The applicant is to have the charge of the early years childminding.

3Requirements relating to the applicant

The applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspectorf1.

4Requirements relating to the applicant

The applicant will secure that the proposed early years childminding meets the EYFS learning and development requirements.

5Requirements relating to the applicant

The applicant will comply with the EYFS welfare requirements.

6Requirements relating to the applicant

The applicant has an appropriate first aid qualification.

7Requirements relating to the applicant

The applicant has carried out an assessment to identify any risks to the health or safety of children for whom early years childminding is to be provided, arising from—

(a)

the relevant premises (including the means of access to and exit from those premises),

(b)

any equipment there, and

(c)

the activities to be provided there.

8Requirements relating to other persons

Every person (other than the applicant) who is to care for children for whom the early years childminding is provided is suitable to care for young childrenf1.

9Requirements relating to other persons

An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in paragraph 8.

10Requirements relating to other persons

(1)

Every person (other than a person mentioned in paragraph 8) who has attained the age of 16 and who—

(a)

lives on the relevant premises, or

(b)

works on the relevant premises,

is suitable to be in regular contact with young children.

(2)

For the purposes of sub-paragraph (1)(b)—

(a)

a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b)

a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when early years childminding is not being provided.

11Requirements relating to other persons

An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in paragraph 10(1).

12Information relating to the applicant

The applicant’s full name (and any alias and former name), date of birth, address and telephone number.

13Information relating to the applicant

The following information about the applicant’s criminal convictions and cautions—

(a)

the date of the offence,

(b)

the nature of the offence,

(c)

the place at which the offence was committed, and

(d)

either—

(i)

the name of the court by or before which the applicant was convicted, the date of the conviction and the penalty imposed, or

(ii)

the date of the caution.

14Information relating to the applicant

The following information about any appropriate first aid qualification obtained by the applicant—

(a)

the name or type of the qualification,

(b)

the name of the organisation which awarded the qualification,

(c)

the date on which the qualification was obtained, and

(d)

if the qualification expires on a particular date, that date.

15Information relating to the applicant

The following information about any qualification obtained (other than an appropriate first aid qualification) or training undertaken by the applicant which is relevant to the question of whether the applicant is suitable to provide early years childminding—

(a)

the name or type of the qualification or training,

(b)

the subjects studied,

(c)

any mark or grade achieved,

(d)

the name of the organisation which awarded the qualification or provided the training,

(e)

the date on which the qualification was obtained or the training undertaken, and

(f)

the length of any course undertaken as part of the qualification or training.

16Information relating to the applicant

(1)

The following information about the applicant’s employment history—

(a)

the nature of any employment undertaken, the dates during which it was undertaken and the name and address of the employer,

(b)

the nature of any work undertaken on a self-employed basis, the dates during which and place at which it was undertaken, and

(c)

an explanation of the reason for any period unaccounted for under paragraph (a) or (b).

(2)

In sub-paragraph (1)(a), “employment” includes work undertaken on a voluntary basis (and “employer” is to be read accordingly).

17Information relating to the applicant

The names and addresses of two referees for the applicant who are not relatives of the applicant.

18Information relating to other persons

The full name (and any alias and former name), date of birth and address of every person who is to care for the children for whom the early years childminding is to be provided.

19Information relating to other persons

(1)

The full name (and any alias and former name), date of birth and address of every person (other than a person mentioned in paragraph 18) who has attained the age of 16 and who works on the relevant premises.

(2)

For the purposes of sub-paragraph (1)—

(a)

a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b)

a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years childminding is not provided.

20Information relating to other persons

The full name (and any alias and former name) and date of birth of every person who has attained the age of 16 and who lives on the relevant premises.

21Information relating to the early years childminding

The following information about the early years childminding which the applicant proposes to provide—

(a)

the address of the relevant premises,

(b)

the days on which, and hours during which, it is to be provided, and

(c)

the number of children for whom it is to be provided, and their ages.

22Information relating to the early years childminding

If the applicant is to have the care of any children (including the applicant’s own) other than children for whom the early years childminding is to be provided, on the relevant premises, at times when that childminding is to be provided, the number of those children, and their ages.

1Requirements relating to the applicant

The applicant is suitable to provide early years provision.

2Requirements relating to the applicant

Where the applicant is an individual, the applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspector.

3Requirements relating to the applicant

The applicant will secure that the proposed early years provision meets the EYFS learning and development requirements.

4Requirements relating to the applicant

The applicant will comply with the EYFS welfare requirements.

5Requirements relating to the applicant

The applicant has carried out an assessment to identify any risks to the health or safety of children for whom early years provision is to be provided, arising from—

(a)

the relevant premises (including the means of access to and exit from those premises),

(b)

any equipment there, and

(c)

the activities to be provided there.

6Requirements relating to the manager

The applicant has appointed an individual to manage the early years provision (“the manager”).

7Requirements relating to the manager

The manager is suitable to care for young children.

8Requirements relating to the manager

An application for an enhanced criminal record certificate in respect of the manager (if not the applicant) is provided to the Chief Inspector.

9Requirements relating to the nominated individual and other persons

Where the applicant is a partnership, body corporate or unincorporated association, the applicant has nominated an individual who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant (“the nominated individual”) to—

(a)

be responsible for dealing with matters relating to the applicant’s application for registration, and subsequent registration, in the early years register, and

(b)

oversee (either alone or jointly with others) the management of the early years provision.

10Requirements relating to the nominated individual and other persons

The nominated individual is suitable to be in regular contact with young children.

11Requirements relating to the nominated individual and other persons

An application for an enhanced criminal record certificate in respect of the nominated individual (if not the manager) is provided to the Chief Inspector.

12Requirements relating to the nominated individual and other persons

Where the applicant is a partnership, body corporate or unincorporated association whose sole or main purpose is the provision of childcare—

(a)

every person (apart from the nominated individual) who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant is suitable to be in regular contact with young children, and

(b)

an application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (a).

13Requirement for first aid qualification

At least one person who is to care for children for whom the early years provision is to be provided has an appropriate first aid qualification.

14Additional requirements for certain early years provision on domestic premises

(1)

This paragraph applies in the case of early years provision on domestic premises which is not early years childminding by virtue of section 96(5) of the Actf1 where the applicant for registration is an individual.

(2)

Every person (other than the applicant and the manager) who is to care for children for whom the early years provision is provided is suitable to care for young children.

(3)

An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (2).

(4)

Every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who—

(a)

lives on the relevant premises, or

(b)

works on the relevant premises,

is suitable to be in regular contact with young children.

(5)

For the purposes of sub-paragraph (4)(b)—

(a)

a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b)

a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years provision is not provided.

(6)

An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (4).

15Information relating to the applicant and the nominated individual

Where the applicant is an individual, the applicant’s full name (and any alias and former name), date of birth, address and telephone number.

16Information relating to the applicant and the nominated individual

(1)

This paragraph applies where the applicant is a partnership, body corporate or unincorporated association.

(2)

The name, address and telephone number of the applicant.

(3)

In the case of an applicant which is a body corporate, its registered number and, in the case of an applicant which is a registered charity, its registered charity number.

(4)

The full name (and any alias and former name), date of birth, address and telephone number of the nominated individual.

(5)

In the case of an applicant whose sole or main purpose is the provision of childcare, the full name (and any alias and former name), date of birth, address and telephone number of every person (except the nominated individual) who is a partner in, or a director, secretary, other officer or a member of the governing body of, the applicant.

17Information relating to the applicant and the nominated individual

The following information about the criminal convictions and cautions of the applicant and the nominated individual—

(a)

the date of the offence,

(b)

the nature of the offence,

(c)

the place at which the offence was committed, and

(d)

either—

(i)

the name of the court by or before which the person was convicted, the date of the conviction and the penalty imposed, or

(ii)

the date of the caution.

18Information relating to the manager

The full name (and any alias and former name) of the manager and, except where that person is also either the applicant or the nominated individual, their date of birth, address and telephone number.

19Information relating to the manager

The following information about the criminal convictions and cautions of the manager (unless that person is also either the applicant or the nominated individual)—

(a)

the date of the offence,

(b)

the nature of the offence,

(c)

the place at which the offence was committed, and

(d)

either—

(i)

the name of the court by or before which the person was convicted, the date of the conviction and the penalty imposed, or

(ii)

the date of the caution.

20Information relating to the manager

The following information about any appropriate first aid qualification obtained by the manager—

(a)

the name or type of the qualification,

(b)

the name of the organisation which awarded the qualification,

(c)

the date on which the qualification was awarded, and

(d)

if the qualification expires on a particular date, that date.

21Information relating to the manager

The following information about any qualification obtained (other than an appropriate first aid qualification) or training undertaken by the manager which is relevant to the question of whether the manager is suitable to care for young children—

(a)

the name or type of the qualification or training,

(b)

the subjects studied,

(c)

any mark or grade achieved,

(d)

the name of the organisation which awarded the qualification or provided the training,

(e)

the date on which the qualification was obtained or the training undertaken, and

(f)

the length of any course undertaken as part of the qualification or training.

22Information relating to the manager

(1)

The following information about the manager’s employment history—

(a)

the nature of any employment undertaken, the dates during which it was undertaken and the name and address of the employer,

(b)

the nature of any work undertaken on a self-employed basis, the dates during which and location at which it was undertaken, and

(c)

an explanation of the reason for any period unaccounted for under paragraph (a) or (b).

(2)

In sub-paragraph (1)(a), “employment” includes work undertaken on a voluntary basis (and “employer” is to be read accordingly).

23Information relating to the manager

The names and addresses of two referees for the manager who are not relatives of the manager.

24Additional information for certain early years provision on domestic premises

(1)

This paragraph applies in the case of early years provision on domestic premises which is not early years childminding by virtue of section 96(5) of the Act where the applicant for registration is an individual.

(2)

The full name (and any alias and former name), date of birth and address of every person who is to care for the children for whom the early years provision is to be provided.

(3)

The full name (and any alias and former name), date of birth and address of every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who works on the relevant premises.

(4)

For the purposes of sub-paragraph (3)—

(a)

a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b)

a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years provision is not provided.

(5)

The full name (and any alias and former name) and date of birth of every person who has attained the age of 16 and who lives on the relevant premises.

25Information relating to the early years provision

The following information about the early years provision which the applicant proposes to provide—

(a)

the address of the relevant premises,

(b)

the days on which, and hours during which, it is to be provided, and

(c)

the number of children for whom it is to be provided, and their ages.

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision about the early years register of childminders and other providers of childcare which is maintained by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) under Chapter 2 of Part 3 of the Childcare Act 2006. The early years register is for the compulsory registration of certain childcare provided for children from birth up to the 1st September following their fifth birthday.

Regulation 3, with Part 1 of Schedule 1 (for childminders), and Part 1 of Schedule 2 (for other providers of childcare), prescribes the requirements which the Chief Inspector must be satisfied are met in order for an application for registration in the early years register to be granted. The requirements include that the applicant and others who will be in contact with children are suitable.

Regulation 4, with Part 2 of Schedule 1 (for childminders), and Part 2 of Schedule 2 (for other providers of childcare), prescribes certain information which must be included with an application for registration. This includes information about the applicant such as their employment history, qualifications and training, and information about the childcare they propose to provide.

Additional requirements are imposed on certain people applying to be registered (as a result of section 96(5) of the Act) as providers of childcare other than childminding, even though they are to provide childcare on domestic premises.

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