Part 3E+WRegulation of Provision of Childcare in England

Chapter 5E+WCommon provisions

Registration – procedural safeguardsE+W

74Appeals [F1relating to registration in a childcare register]E+W

(1)An applicant for registration or (as the case may be) a registered person may appeal to the Tribunal against the taking of any of the following steps by the Chief Inspector under this Part—

(a)the refusal of [F2the] application for registration;

(b)the imposition of a new condition on [F3the person's] registration;

(c)the variation or removal of any condition imposed on [F4the person's] registration;

(d)the refusal of an application to vary or remove any such condition;

(e)the cancellation of [F5the person's] registration.

(2)An applicant for registration or (as the case may be) a registered person may also appeal to the Tribunal against any other determination made by the Chief Inspector under this Part which is of a prescribed description.

(3)A person against whom an order is made under section 72(2) may appeal to the Tribunal against the making of the order.

(4)On an appeal the Tribunal must either—

(a)confirm the taking of the step, the making of the other determination or the making of the order (as the case may be), or

(b)direct that it shall not have, or shall cease to have, effect.

(5)Unless the Tribunal has confirmed the taking of a step mentioned in subsection (1)(a) or (e) or the making of an order under section 72(2) cancelling a person's registration, the Tribunal may also do either or both of the following—

(a)impose conditions on the registration of the person concerned;

(b)vary or remove any condition previously imposed on [F6the] registration.

Textual Amendments

F1Words in s. 74 inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(4); S.I. 2014/889, arts. 3(m), 7(e)

F2Word in s. 74(1)(a) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F3Words in s. 74(1)(b) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F4Words in s. 74(1)(c) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(2)(c); S.I. 2014/889, arts. 3(m), 7(e)

F5Words in s. 74(1)(e) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(2)(d); S.I. 2014/889, arts. 3(m), 7(e)

F6Word in s. 74(5)(b) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(3); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I1S. 74 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I2S. 74 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4