Childcare Act 2006

53Requirement to register: other later years providers for children under eightE+W

[F1(1 )A person may not provide, for a child who has not attained the age of eight, later years provision on premises in England which are not domestic premises unless the person is registered in Part A of the general childcare register F2....

[F3(1ZA)Subsection (1) does not apply in relation to later years provision—

(a)if it is later years childminding in respect of which the person providing it is required to be registered under section 52(1), or

(b)if it would be later years childminding but for section 96(9) and in respect of which the person providing it is required to be registered under subsection (1A).]

(1A)A person may not provide, for a child who has not attained the age of eight, later years provision F4... in England which would be later years childminding but for section 96(9) unless the person is registered—

(a)in Part A of the general childcare register F5..., or

(b)with a later years childminder agency F5....]

(2)[F6Subsections (1) and (1A) do] not apply in relation to later years provision for a child if—

(a)the provision is made at any of the following [F7institutions] as part of the [F7institution's ] activities—

(i)a maintained school,

(ii)a school [F8approved ] under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)[F9an independent educational institution] [F10or an alternative provision Academy that is not an independent school],

(b)the provision is made by the proprietor of the [F11institution] or a person employed to work at the [F11institution], and

[F12(c)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, [F13subsections (1) and (1A) do] not apply in relation to later 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 later years provision;

(b)the child or children for whom it is provided;

(c)the nature of the later 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 later years provision in contravention of subsection (1) [F14or (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.