Explanatory note

These Regulations make provision relating to the voluntary registration of childminders and other providers of childcare under Chapter 4 of Part 3 of the Childcare Act 2006 (“the Act”).

Regulation 3 prescribes the date when a child reaches 18 as the upper age limit for “later years provision” (as defined in section 96 of the Act). Consequently childcare provided for children up to the age of 18 can be registered voluntarily.

Part 2 deals with registration. Regulation 4 with Part 1 of Schedule 1 and Part 1 of Schedule 2 provides for information which must be included with an application for registration. Regulation 5 provides for the fee to accompany the application (£100 in the case of an application to be registered as a childminder and £110 in the case of an application by other providers or proposed providers of childcare). Regulation 6 together with Part 2 of Schedule 1 and Part 2 of Schedule 2 prescribes the requirements which must be satisfied for an application for registration to be granted. Regulation 7 makes provision for certificates of registration.

Part 3 contains provisions governing the activities of registered persons. Regulation 8 with Schedule 3 sets out requirements which must be met by registered persons and also provides that registered persons must have regard to the needs of children to whom childcare is provided. Regulations 9 and 10 provide that an allegation that a registered person has failed to meet these requirements can be taken into account, by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) when exercising any of her functions under Part 3 of the Act, or in any proceedings under that Part.

Regulation 11 in Part 4 provides that the Chief Inspector can treat the requirements for registration prescribed in Part 2 of Schedule 1 and Part 2 of Schedule 2 as not being satisfied if consent to the release of certain information to the Chief Inspector is withheld. Regulation 12 prescribes the type of information in question.

Part 5 provides for suspension of registration. Under regulations 13 and 14 the registration can be suspended by the Chief Inspector if she has reasonable cause to believe that the continued provision of childcare by the registered person exposes or may expose a child being cared for to the risk of harm. Regulation 15 provides for the maximum period of suspension and makes further provision as to the notice of suspension, and regulation 16 provides for lifting of a suspension. Regulation 17 provides for a right of appeal to the Care Standards Tribunal against suspension.

Copies of the document “Common Core of Skills and Knowledge for the Children’s Workforce” (ISBN 1-84478-375-8) referred to in paragraph 11 of Schedule 3 can be obtained from DfES Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 ODJ (Tel 0845 6022260), Email [email protected].

A regulatory impact assessment has been prepared for these Regulations. It is available from the Department for Education and Skills’ website http://www.dfes.gov.uk/ria/ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk