Part 3Regulation of Provision of Childcare in England
Chapter 2Regulation of early years provision
Requirements to register
I9I1733Requirement to register: early years childminders
C11
A person may not provide early years childminding in England unless he is registered F21as an early years childminder—.
a
in the early years register, or
b
with an early years childminder agency.
2
The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.
3
The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—
a
the person providing the early years childminding;
b
the child or children for whom it is provided;
c
the nature of the early years childminding;
d
the premises on which it is provided;
e
the times during which it is provided;
f
the arrangements under which it is provided.
4
If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice (“an enforcement notice”) on the person.
5
An enforcement notice may be served on a person—
a
by delivering it to him, or
b
by sending it by post.
6
An enforcement notice has effect until it is revoked by the Chief Inspector.
7
A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).
8
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I10I1834Requirement to register: other early years providers
C2F22 1
A person may not provide early years provision on premises in England which are not domestic premises unless the person is registered in the early years register F60....
F591ZA
Subsection (1) does not apply in relation to early years provision—
a
if it is early years childminding in respect of which the person providing it is required to be registered under section 33(1), or
b
if it would be early years childminding but for section 96(5) and in respect of which the person providing it is required to be registered under subsection (1A).
1A
A person may not provide early years provision F61... in England which would be early years childminding but for section 96(5) unless the person is registered—
a
in the early years register F62..., or
b
with an early years childminder agency F62....
2
F23Subsections (1) and (1A) do not apply in relation to early years provision for a child or children who has (or have) attained the age of F57two if—
a
the provision is made at any of the following F51institutions as part of the F51 institution's activities—
i
a maintained school,
ii
a school F52approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
iii
F53an independent educational institution,
b
F55c
where the provision is made at a school (including a school that is an independent educational institution)—
i
the child is a registered pupil at the school, or
ii
if the provision is made for more than one child, at least one of the children is a registered pupil at the school.
3
The Secretary of State may by order provide that, in circumstances specified in the order, F24subsections (1) and (1A) do not apply in relation to early years provision.
4
The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—
a
the person providing the early years provision;
b
the child or children for whom it is provided;
c
the nature of the early years provision;
d
the premises on which it is provided;
e
the times during which it is provided;
f
the arrangements under which it is provided.
5
A person commits an offence if, without reasonable excuse, he provides early years provision in contravention of subsection (1) F25or (1A).
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Process of registration
I11I1935Applications for registration: early years childminders
1
A person who proposes to provide early years childminding in respect of which he is required by section 33(1) to be registered may make an application F26— .
a
to the Chief Inspector for registration as an early years childminder in the early years register, or
b
to an early years childminder agency for registration with that agency as an early years childminder.
2
An application under subsection (1) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F27or (as the case may be) the early years childminder agency reasonably requires the applicant to give, and
c
F28 if it is an application to the Chief Inspector, be accompanied by any prescribed fee.
3
The Chief Inspector must grant an application under subsection (1) F29 (a) if—
a
the applicant is not disqualified from registration by regulations under section 75, and
b
it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.
4
The Chief Inspector must refuse any application under subsection (1) F30 (a) which subsection (3) does not require him to grant.
F314A
An early years childminder agency may grant an application under subsection (1)(b) only if—
a
the applicant is not disqualified from registration by regulations under section 75,
b
it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and
c
it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.
5
The prescribed requirements for registration may include requirements relating to—
a
the applicant;
F32aa
prohibiting the applicant from being registered in the early years register as an early years childminder if the applicant is registered with a childminder agency;
ab
prohibiting the applicant from being registered with an early years childminder agency as an early years childminder if the applicant is registered—
i
with another childminder agency;
ii
in the early years register or the general childcare register;
b
the premises on which the early years childminding is to be provided;
c
the arrangements for early years childminding on those premises;
d
any person who may be caring for children on those premises;
e
any other person who may be on those premises.
I12I2036Applications for registration: other early years providers
1
F331A
A person who proposes to provide F63... early years provision in respect of which the person is required by section 34(1A) to be registered may make an application—
a
to the Chief Inspector for registration as an early years provider F65..., or
b
to an early years childminder agency for registration with that agency as an early years provider F65....
2
An application under subsection (1) F34or (1A) must—
a
give any prescribed information about prescribed matters,
b
give any other information which the Chief Inspector F35or (as the case may be) the early years childminder agency reasonably requires the applicant to give, and
c
F36if it is an application to the Chief Inspector, be accompanied by any prescribed fee.
3
The Chief Inspector must grant an application under subsection (1) F37or (1A)(a) if—
a
the applicant is not disqualified from registration by regulations under section 75, and
b
it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.
4
The Chief Inspector must refuse any application under subsection (1) F38or (1A)(a) which subsection (3) does not require him to grant.
F394A
An early years childminder agency may grant an application under subsection (1A)(b) only if—
a
the applicant is not disqualified from registration by regulations under section 75,
b
it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and
c
it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.
5
The prescribed requirements for registration may include requirements relating to—
a
the applicant;
F40aa
prohibiting the applicant from being registered in the early years register as an early years provider other than a childminder if the applicant is registered with a childminder agency;
ab
prohibiting the applicant from being registered with an early years childminder agency as an early years provider other than a childminder if the applicant is registered—
i
with another childminder agency;
ii
in the early years register or the general childcare register;
b
the premises on which the early years provision is to be provided;
c
the arrangements for early years provision on those premises;
d
any person who may be caring for children on those premises;
e
any other person who may be on those premises.
I13I2137Entry on the register and certificates
1
If an application under section 35(1) F41(a) is granted, the Chief Inspector must—
a
register the applicant in the early years register as an early years childminder, and
b
give the applicant a certificate of registration stating that he is so registered.
2
If an application under section 36(1) F42or (1A)(a) is granted, the Chief Inspector must—
a
register the applicant in the early years register as an early years provider other than a childminder F66..., and
b
give the applicant a certificate of registration stating that he is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
4
If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the registered early years provider an amended certificate.
5
If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered early years provider a copy, on payment by the provider of any prescribed fee.
37AF43Early years childminder agencies: registers and certificates
1
If an application under section 35(1)(b) is granted, the early years childminder agency must—
a
register the applicant in the register maintained by the agency as an early years childminder, and
b
give the applicant a certificate of registration stating that he or she is so registered.
2
If an application under section 36(1A)(b) is granted, the early years childminder agency must—
a
register the applicant in the register maintained by the agency as an early years provider other than a childminder F67..., and
b
give the applicant a certificate of registration stating that he or she is so registered.
3
A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
4
If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.
I2238Conditions on registration
1
The Chief Inspector may impose such conditions as he thinks fit on the registration of an early years provider F44in the early years register .
2
The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 37 or at any subsequent time.
3
The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
4
The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.
F505
An early years provider registered F19in the early years register commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Requirements to be met by early years providers
I139The Early Years Foundation Stage
1
For the purpose of promoting the well-being of young children for whom early years provision is provided by early years providers to whom section 40 applies, the Secretary of State must—
a
by order specify in accordance with section 41 such requirements as he considers appropriate relating to learning by, and the development of, such children (“learning and development requirements”), and
b
by regulations specify in accordance with section 43 such requirements as he considers appropriate governing the activities of early years providers to whom section 40 applies (“welfare requirements”).
2
The learning and development requirements and the welfare requirements are together to be known as “the Early Years Foundation Stage”.
I2340Duty to implement Early Years Foundation Stage
1
This section applies to—
a
early years providers providing early years provision in respect of which they are registered under this Chapter, and
b
early years providers providing early years provision in respect of which, but for section 34(2) (exemption for provision for children aged F582 or over at certain schools), they would be required to be registered under this Chapter.
2
An early years provider to whom this section applies—
a
must secure that the early years provision meets the learning and development requirements, and
b
must comply with the welfare requirements.
I241The learning and development requirements
1
The learning and development requirements must cover the areas of learning and development specified in subsection (3).
2
The learning and development requirements may specify in relation to each of the areas of learning and development—
a
the knowledge, skills and understanding which young children of different abilities and maturities are expected to have before the 1st September next following the day on which they attain the age of five (“early learning goals”);
b
the matters, skills and processes which are required to be taught to young children of different abilities and maturities (“educational programmes”), and
c
the arrangements which are required for assessing children F3for the specified purposes (“assessment arrangements”).
3
The areas of learning and development are as follows—
a
personal, social and emotional development,
b
communication, language and literacy,
c
problem solving, reasoning and numeracy,
d
knowledge and understanding of the world,
e
physical development, and
f
creative development.
4
The Secretary of State may by order amend subsection (3).
F24A
In subsection (2)(c) “ the specified purposes ” means—
a
the purpose of ascertaining what children have achieved in relation to the early learning goals, and
b
such other purposes as the Secretary of State may by order specify.
5
A learning and development order may not require—
a
the allocation of any particular period or periods of time to the teaching of any educational programme or any matter, skill or process forming part of it, or
b
the making in the timetables of any early years provider of provision of any particular kind for the periods to be allocated to such teaching.
6
In this section “a learning and development order” means an order under section 39(1)(a).
I342Further provisions about assessment arrangements
F7A1
Before making a learning and development order specifying assessment arrangements the Secretary of State—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as the Secretary of State considers appropriate.
1
A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.
2
Those persons are—
a
an early years provider,
b
the governing body or head teacher of a maintained school in England, F8...
c
an English local authority.
F14 d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9e
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.
3
A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.
F43A
A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
F104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F11The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—
a
to enter premises on which the early years provision is provided,
b
to observe implementation of the arrangements, F8...
c
to inspect, and take copies of, documents and other articles.
F56
A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
6A
In this section “ delegated supplementary provisions ” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
F66AA
A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—
a
must consult the Office of Qualifications and Examinations Regulation, and
b
may consult such other persons as that person considers appropriate.
6B
A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
6C
Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.
7
In this section “a learning and development order” means an order under section 39(1)(a).
I443Welfare requirements
1
The matters that may be dealt with by welfare regulations include—
a
the welfare of the children concerned;
b
the arrangements for safeguarding the children concerned;
c
suitability of persons to care for, or be in regular contact with, the children concerned;
d
qualifications and training;
e
the suitability of premises and equipment;
f
the manner in which the early years provision is organised;
g
procedures for dealing with complaints;
h
the keeping of records;
i
the provision of information.
2
Before making welfare regulations, the Secretary of State must consult the Chief Inspector and any other persons he considers appropriate.
3
Welfare regulations may provide—
a
that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and
b
that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
In this section “welfare regulations” means regulations under section 39(1)(b).
I544Instruments specifying learning and development or welfare requirements
1
A relevant instrument may, instead of containing the provisions to be made, refer to provisions in a document F12published by a person, and in the manner, specified in the instrument and direct that those provisions are to have effect or, as the case may be, are to have effect as specified in the instrument.
2
3
In particular, that power may be exercised so as to require or authorise the Chief Inspector F47or early years childminder agencies, in exercising those functions, to have regard to factors, standards and other matters prescribed by or referred to in the instrument.
4
If a relevant instrument requires any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the instrument, the instrument may also provide for any allegation that the person has failed to do so to be taken into account—
a
by the Chief Inspector in the exercise of his functions under this Part,
F48aa
by early years childminder agencies in the exercise of functions under this Part, or
b
in any proceedings under this Part.
5
In this section “a relevant instrument” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.
I645Procedure for making certain orders
1
This section applies where the Secretary of State proposes to make an order under section 39(1)(a) specifying early learning goals or educational programmes.
2
The Secretary of State must give notice of the proposal—
a
to such bodies representing the interests of early years providers as the Secretary of State considers appropriate, and
b
to any other persons with whom consultation appears to the Secretary of State to be desirable,
and must give them a reasonable opportunity of submitting evidence and representations as to the issues arising.
3
When the Secretary of State has considered any evidence and representations submitted to him in pursuance of subsection (2), he must publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in early years provision—
a
a draft of the proposed order and any associated document, and
b
a summary of the views expressed during the consultation.
4
The Secretary of State must allow a period of not less than one month beginning with the publication of the draft of the proposed order for the submission of any further evidence and representations as to the issues arising.
5
When the period so allowed has expired, the Secretary of State may make the order, with or without modifications.
I746Power to enable exemptions to be conferred
1
Regulations may enable the Secretary of State, in prescribed circumstances, to direct in respect of a particular early years provider or a particular description of early years providers, that to such extent as may be prescribed the learning and development requirements—
a
do not apply, or
b
apply with such modifications as may be specified in the direction.
F131A
Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.
1B
If required by the Secretary of State to do so F16a person designated by the Secretary of State for the purposes of this subsection must keep under review the effect of a direction given under regulations made under subsection (1).
F17 1C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1D
A designation under F15subsection (1B) may make different provision for different purposes.
2
Regulations may enable an early years provider, in prescribed circumstances, to determine in respect of a particular young child that to such extent as may be prescribed the learning and development requirements—
a
do not apply, or
b
apply with such modifications as may be specified in the determination.
I2447Independent schools
1
In section 157 of the Education Act 2002 (c. 32) (independent school standards) after subsection (1) insert—
1A
In relation to England, the standards do not apply to early years provision for pupils who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006).
2
For subsection (2) of that section substitute—
2
In this Chapter “independent school standards” means—
a
the standards for the time being prescribed under this section, and
b
in relation to early years provision in England for pupils who have attained the age of three, the Early Years Foundation Stage.
3
In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the definition of “Chief Inspector” insert—
“early years provision”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;
I16I2748Amendments relating to curriculum
Schedule 1 (which contains amendments relating to the preceding provisions of this Chapter, including amendments excluding or modifying the application to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32)) has effect.
Inspection
I14I2549Inspections
1
This section applies to early years provision in respect of which the early years provider is registered F49in the early years register .
2
The Chief Inspector—
a
must at such intervals as may be prescribed inspect early years provision to which this section applies,
b
must inspect early years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
c
may inspect early years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
3
Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect early years provision at an interval prescribed for the purposes of subsection (2)(a).
4
Regulations may provide that the Chief Inspector is not required by subsection (2)(a) to inspect early years provision at an F56independent educational institutionF18or an alternative provision Academy that is not an independent school if the early years provision is inspected in prescribed circumstances by a body approved by the Secretary of State for the purposes of this subsection.
5
A requirement made by the Secretary of State as mentioned in subsection (2)(b) may be imposed in relation to early years provision at particular premises or a class of premises.
F205A
The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where—
a
the inspection is conducted at the request of a registered person who provides that early years provision, and
b
the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.
6
Regulations may make provision requiring the registered person to notify prescribed persons of the fact that early years provision is to be inspected under this section.
7
If the Chief Inspector so elects in the case of an inspection falling within paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were an inspection falling within paragraph (a) of that subsection.
I2650Report of inspections
I151
After conducting an inspection under section 49, the Chief Inspector must make a report in writing on—
a
the contribution of the early years provision to the well-being of the children for whom it is provided,
b
the quality and standards of the early years provision,
c
how far the early years provision meets the needs of the range of children for whom it is provided, and
d
the quality of leadership and management in connection with the early years provision.
I152
The Chief Inspector—
a
may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
b
must ensure that a copy of the report is sent without delay to the registered person, 23
c
must ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other persons as may be prescribed, and
d
may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.
I153
Regulations may make provision—
a
requiring the registered person to make a copy of any report sent to him under subsection (2)(b) available for inspection by prescribed persons;
b
requiring the registered person, except in prescribed cases, to provide a copy of the report to prescribed persons;
c
authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.
F14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
I851Interpretation of Chapter 2
In this Chapter—
“assessment arrangements” is to be read in accordance with section 41(2)(c);
“early learning goals” is to be read in accordance with section 41(2)(a);
“educational programmes” is to be read in accordance with section 41(2)(b);
“learning and development requirements” means requirements specified by order under section 39(1)(a);
“welfare requirements” means requirements specified by regulations under section 39(1)(b).