The Childcare Act 2006 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008

PART 1Registration on 1st September 2008

Child minders registered under Part 10A of the 1989 Act

1.—(1) Subject to paragraphs 2 and 3, this paragraph applies in respect of a person who, immediately before the transfer date, is registered as a child minder by the Chief Inspector(1) under section 79F(1) (grant or refusal of registration) of the 1989 Act.

(2) On the transfer date, the Chief Inspector must register the person as a childminder under section 64(1)(2) (entry on the register and certificates) of the 2006 Act.

(3) On the transfer date, the Chief Inspector must register the person as an early years childminder under section 37(1)(3) of the 2006 Act if immediately before that date the person is authorised(4) to provide child minding for children aged five and under.

(4) On the transfer date, the Chief Inspector must register the person as a later years childminder under section 56(1)(5) of the 2006 Act if immediately before that date the person is authorised to provide child minding for children aged six and over.

(5) Subject to paragraph 24, this paragraph applies even though immediately before the transfer date the person’s registration is suspended by the Chief Inspector under regulation 3 of the Suspension Regulations.

Child minders registered under Part 10A of the 1989 Act: exceptions

2.—(1) Paragraph 1 does not apply in respect of the following persons—

(a)a person who has not provided child minding at any time during the period of three years ending on the transfer date;

(b)a person to whom, by virtue of the Exemption from Registration Order, section 33(1) of the 2006 Act does not apply;

(c)a person to whom, by virtue of the Exemption from Registration Order, section 52(1) of the 2006 Act does not apply.

(2) Sub-paragraph (2) of paragraph 1 does not apply in respect of a person who, before the transfer date, has communicated to the Chief Inspector the wish not to be registered as a childminder under section 64(1) of the 2006 Act.

(3) Sub-paragraph (3) of paragraph 1 does not apply in respect of a person who, before the transfer date, has communicated to the Chief Inspector the wish not to be registered as an early years childminder under section 37(1) of the 2006 Act.

(4) Sub-paragraph (4) of paragraph 1 does not apply in respect of a person who, before the transfer date, has communicated to the Chief Inspector the wish not to be registered as a later years childminder under section 56(1) of the 2006 Act.

3.  The Chief Inspector may, on the transfer date, register a person referred to in paragraph 2(1)(b) or (c) as a childminder under section 64(1) of the 2006 Act if the child minder has not given notice to the Chief Inspector of the wish not to be so registered.

Day care providers registered under Part 10A of the 1989 Act

4.—(1) Subject to paragraphs 5 and 6, this paragraph applies in respect of a person who, immediately before the transfer date, is registered by the Chief Inspector as a day care provider under section 79F(2) of the 1989 Act.

(2) On the transfer date, the Chief Inspector must register the person as a provider of childcare other than a childminder under section 64(2)(6) of the 2006 Act in respect of the premises to which the registration under section 79F(2) of the 1989 Act relates.

(3) On the transfer date, the Chief Inspector must register the person as an early years provider under section 37(2)(7) of the 2006 Act, in respect of the premises to which the registration under section 79F(2) of the 1989 Act relates, if the person is authorised to provide day care for children aged five and under.

(4) On the transfer date, the Chief Inspector must register the person as a later years provider other than a childminder under section 56(2)(8) of the 2006 Act, in respect of the premises to which the registration under section 79F(2) of the 1989 Act relates, if the person is authorised to provide day care for children aged six and over.

(5) Subject to paragraph 24, this paragraph applies even though, immediately before the transfer date, the person’s registration is suspended by the Chief Inspector under regulation 3 of the Suspension Regulations.

Day care providers registered under Part 10A of the 1989 Act: exceptions

5.—(1) Paragraph 4 does not apply in respect of the following persons—

(a)a person to whom, by virtue of the Exemption from Registration Order, section 34(1) of the 2006 Act does not apply;

(b)a person to whom, by virtue of the Exemption from Registration Order, section 53(1) of the 2006 Act does not apply.

(2) Paragraph 4(2) does not apply in respect of—

(a)a person who is registered as a day care provider under section 79F(2) of the 1989 Act to whom section 63(3)(9) of the 2006 Act applies; or

(b)a person who, before the transfer date, has communicated to the Chief Inspector the wish not to be registered as a provider of childcare other than a childminder under section 64(2) of the 2006 Act.

(3) Sub-paragraph (3) of paragraph 4 does not apply in respect of—

(a)a person to whom section 34(2)(10) of the 2006 Act applies; or

(b)a person who before the transfer date, has communicated to the Chief Inspector the wish not to be registered as an early years provider other than a childminder under section 37(2) of the 2006 Act.

(4) Sub-paragraph (4) of paragraph 4 does not apply in respect of—

(a)a person who to whom section 53(2)(11) of the 2006 Act applies; or

(b)a person who, before the transfer date, has communicated to the Chief Inspector the wish not to be registered as a later years provider other than a childminder under section 56(2) of the 2006 Act.

6.  The Chief Inspector may register a person referred to in paragraph 5(1)(a) or (b) on the transfer date as a provider of childcare other than a childminder under section 64(2) of the 2006 Act, in respect of the premises in question, if the day care provider has not communicated to the Chief Inspector the wish not to be so registered.

Arrangements in respect of specified early years providers

7.—(1) This paragraph applies where immediately before the transfer date—

(a)child minding is provided on domestic premises in circumstances in which, if it were to be provided on or after that date, it would not be early years childminding by virtue of section 96(5) of the 2006 Act(12); and

(b)the persons providing the child minding are all registered under section 79F(1) of the 1989 Act.

(2) If, before the transfer date, the Chief Inspector is given notice of the provision referred to in sub-paragraph (1), and the conditions in sub-paragraphs (6) and (7) are met, the Chief Inspector must register the person referred to in sub-paragraph (6)(a) as follows—

(a)as an early years provider other than a childminder under section 37(2) of the 2006 Act, in respect of the premises in question; and

(b)as a provider of childcare other than a childminder under section 64(2) of the 2006 Act, in respect of the premises in question.

(3) Where the conditions in sub-paragraphs (6) and (7) are complied with before the transfer date, the Chief Inspector must register the person referred to in sub-paragraph (6)(a) on that date in respect of the provision referred to in sub-paragraph (1), as provided for in sub-paragraph (2)(a) and (b).

(4) Where the conditions in sub-paragraphs (6) and (7) are not complied with until after the transfer date, the Chief Inspector must register the person referred to in sub-paragraph (6)(a) in respect of the provision referred to in sub-paragraph (1), as provided for in sub-paragraph (2)(a) and (b) as soon as is practicable, and that person shall, for the purposes of regulation 3A of the Early Years Foundation Stage (Welfare Requirements) Regulations 2007(13), be treated as having been so registered on the transfer date.

(5) Where notice has been given in accordance with sub-paragraph (2) but the conditions in sub-paragraphs (6) and (7) are not complied with before the transfer date, section 33(1) of the 2006 Act does not apply to the provision referred to in sub-paragraph (1) until—

(a)the conditions in sub-paragraphs (6) and (7) are met; or

(b)where those conditions are not met before 1st April 2009, that date.

(6) The conditions are that by no later than 1st April 2009, the Chief Inspector is informed—

(a)of the name and address of the person who is to be registered in accordance with sub-paragraph (2), including whether the person to be registered is an individual, partnership, body corporate or unincorporated association; and

(b)of the full name of the person who will manage(14) the early years provision in pursuance of the registration.

(7) Where the Chief Inspector is informed that the person to be registered is a partnership, body corporate or unincorporated association—

(a)the notice must also include the full name of the person who will be the nominated individual(15); and

(b)that person must be a partner in, or a director, secretary, other officer or member of the governing body of, the body to be registered.

Arrangements in respect of specified later years providers

8.—(1) This paragraph applies where immediately before the transfer date—

(a)child minding is provided on domestic premises in circumstances in which, if it were to be provided on or after that date, it would not be later years childminding by virtue of section 96(9)(16) of the 2006 Act; and

(b)the persons providing the child minding are all registered under section 79F(1) of the 1989 Act.

(2) If, before the transfer date, the Chief Inspector is given notice of the provision referred to in sub-paragraph (1), and the conditions in sub-paragraph (6) and (7) are met, the Chief Inspector must register the person referred to in sub-paragraphs (6)(a) as follows—

(a)as a later years provider other than a childminder under section 56(2) of the 2006 Act, in respect of the premises in question; and

(b)as a provider of childcare other than a childminder under section 64(2) of the 2006 Act, in respect of the premises in question.

(3) Where the conditions in sub-paragraphs (6) and (7) are complied with before the transfer date, the Chief Inspector must register the person referred to in sub-paragraph (6)(a) on that date in respect of the provision referred to in sub-paragraph (1), as provided for in sub-paragraph (2)(a) and (b).

(4) Where the conditions in sub-paragraphs (6) and (7) are not complied with until after the transfer date, the Chief Inspector must register the person referred to in sub-paragraph (6)(a) in respect of the provision referred to in sub-paragraph (1), as provided for in sub-paragraph (2)(a) and (b) as soon as is practicable, and that person shall, for the purposes of paragraph 11(3) of Schedule 3 to the General Childcare Register Regulations 2008(17), be treated as having been so registered on the transfer date.

(5) Where notice has been given in accordance with sub-paragraph (2) but the conditions in sub-paragraphs (6) and (7) are not complied with before the transfer date, section 53(1) of the 2006 Act does not apply to the provision referred to in sub-paragraph (1) until—

(a)the conditions in sub-paragraphs (6) and (7) are met; or

(b)where those conditions are not met before 1st April 2009, that date.

(6) The conditions are that by no later than 1st April 2009, the Chief Inspector is informed—

(a)of the name and address of the person who is to be registered in accordance with sub-paragraph (2), including whether the person to be registered is an individual, partnership, body corporate or unincorporated association; and

(b)of the full name of the person who will manage(18) the childcare provision.

(7) Where the Chief Inspector is informed that the person to be registered is a partnership, body corporate or unincorporated association —

(a)the notice must also include the full name of the person who will be the nominated individual(19); and

(b)that person must be a partner in, or a director, secretary, other officer or member of the governing body of, the body to be registered.

Day care providers registered under Part 10A of the 1989 Act: managers

9.—(1) This paragraph applies in the case of a person who on the transfer date is registered by the Chief Inspector under section 37(2) of the 2006 Act in accordance with this Schedule.

(2) The person who is the “responsible individual”(20) for the purposes of section 79B(4)(b) and (5ZA) of the 1989 Act shall be treated as “the manager” for the purposes of paragraph 6 of Schedule 2 to the Early Years Register Regulations 2008.

10.—(1) This paragraph applies in the case of a person who on the transfer date is registered by the Chief Inspector under section 56(2) of the 2006 Act in accordance with this Schedule.

(2) The person who is the “responsible individual” for the purposes of section 79B(4)(b) and (5ZA) of the 1989 Act shall be treated as “the manager” for the purposes of paragraph 3 of Schedule 2 to the General Childcare Register Regulations 2008.

Day care providers registered under Part 10A of the 1989 Act: nominated individuals where day care is the primary purpose of the organisation

11.—(1) This paragraph applies in the case of a person who—

(a)immediately before the transfer date is registered as a day care provider under section 79F(2) of the 1989 Act;

(b)is a partnership, body corporate or unincorporated association whose primary purpose is the provision of day care; and

(c)is registered by the Chief Inspector under section 37(2) or under section 56(2) of the 2006 Act in accordance with this Schedule.

(2) Where the person is registered under section 37(2) of the 2006 Act, the individual who has been nominated by that person before the transfer date to deal with the Chief Inspector shall be treated as the “nominated individual” for the purposes of paragraph 9 of Schedule 2 to the Early Years Register Regulations 2008, despite the fact that the individual may not be a partner in, or a director, secretary, other officer or member of, the governing body.

(3) Where the person is registered under section 56(2) of the 2006 Act, the individual who has been nominated by that person before the transfer date to deal with the Chief Inspector shall be treated as the “nominated individual” for the purposes of paragraph 6 of Schedule 2 to the General Childcare Register Regulations 2008, despite the fact that the individual may not be a partner in, or a director, secretary, other officer or member of, the governing body.

(4) For the purposes of this paragraph, in the event that an individual has not been nominated by the person before the transfer date to deal with the Chief Inspector, the Chief Inspector may appoint such an individual as the Chief Inspector considers appropriate to be the “nominated individual”.

Day care providers registered under Part 10A of the 1989 Act: nominated individuals where day care is not the primary purpose of the organisation

12.—(1) This paragraph applies in the case of a person who—

(a)immediately before the transfer date is registered as a day care provider under section 79F(2) of the 1989 Act;

(b)is a partnership, body corporate or unincorporated association whose primary purpose is not the provision of day care; and

(c)is registered by the Chief Inspector under section 37(2) or under section 56(2) of the 2006 Act in accordance with this Schedule.

(2) Where the person is registered under section 37(2) of the 2006 Act, the individual who has delegated, direct responsibility for the provision of day care shall be treated as the “nominated individual” for the purposes of paragraph 9 of Schedule 2 to the Early Years Register Regulations 2008, despite the fact that the individual may not be a partner in, or a director, secretary, other officer or member of, the governing body.

(3) Where the person is registered under section 56(2) of the 2006 Act, the individual who has delegated, direct responsibility for the provision of day care shall be treated as the “nominated individual” for the purposes of paragraph 6 of Schedule 2 to the General Childcare Register Regulations 2008, despite the fact that the individual may not be a partner in, or a director, secretary, other officer or member of, the governing body.

(4) For the purposes of this paragraph, the individual who has delegated, direct responsibility for the provision of day care is either—

(a)the individual whose name has been included in the application for registration (in accordance with paragraph 1C of the Schedule to the Child Minding and Day Care (Applications for Registration) (England) Regulations 2001(21)); or

(b)the individual whose name has been provided to the Chief Inspector as having delegated, direct responsibility for the provision of day care in pursuance of paragraph 2(1)(e) of Schedule 2 to the National Standards Regulations(22).

(5) For the purposes of this paragraph, where there is more than one individual who has delegated, direct responsibility for the provision of day care, the Chief Inspector may appoint one of them to be the “nominated individual”.

Certificates of registration

13.—(1) Where a person is registered on the transfer date in accordance with this Schedule, the Chief Inspector must, by no later than 1st February 2010, give to the person a certificate of registration in accordance with section 37, 56, 64 and 92 of the 2006 Act, as the case may be, as if the person had made an application for registration and that application had been granted.

(2) Until such time as a person registered in accordance with this Schedule is given a certificate of registration as provided for by this paragraph, any certificate of registration given to that person by the Chief Inspector in accordance with paragraph 6 of Schedule 9A(23) to the 1989 Act continues to have effect as if it had been given to the person under the 2006 Act.

(3) Sub-paragraph (1) does not apply in the case of a person who is no longer registered under the 2006 Act.

Conditions

14.—(1) Subject to sub-paragraphs (2) to (7), where a person is registered in accordance with this Schedule, a condition imposed by the Chief Inspector under section 79F(3) of the 1989 Act which applied to a person immediately before the transfer date continues to have effect as if it were a condition imposed under section 38(1), 58(1), or 66(1) of the 2006 Act, as the case may be.

(2) In the case of a person who by virtue of paragraph 2(3) is not registered by the Chief Inspector under section 37(1) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide child minding for children aged five and under ceases to have effect.

(3) In the case of a person who by virtue of paragraph 5(3)(b) is not registered by the Chief Inspector under section 37(2) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide day care for children aged five and under ceases to have effect.

(4) In the case of a person who by virtue of paragraph 2(4) is not registered by the Chief Inspector under section 56(1) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide child minding for children aged six and over ceases to have effect.

(5) In the case of a person who by virtue of paragraph 5(4) is not registered by the Chief Inspector under section 56(2) of the 2006 Act, a condition imposed under the 1989 Act which has the effect of authorising the person to provide day care for children aged six and over ceases to have effect.

(6) A condition which—

(a)by virtue of sub-paragraph (1), continues to have effect as if it had been imposed under the 2006 Act;

(b)has the effect of authorising a person to provide care by reference to a child’s age or children’s ages, and

(c)refers to children who are aged five;

is to be treated as a condition imposed in respect of a child who has attained the age set out in sub-paragraph (7).

(7) The age is the age the child attains immediately before 1st September next following the date on which the child attains the age of five(24).

Applications for registration under the 1989 Act: undetermined applications

15.—(1) Where a person has applied for registration as a child minder under section 79E (applications for registration) of the 1989 Act and, immediately before the transfer date, the Chief Inspector has not granted or refused the person’s application, the application shall be determined as if it had been made under section 35 and, as the case may be, section 54 of the 2006 Act.

(2) Where a person has applied for registration as a day care provider under section 79E of the 1989 Act and, immediately before the transfer date, the Chief Inspector has not granted or refused the person’s application, the application shall be determined as if it had been made under section 36 and, as the case may be, section 55 of the 2006 Act.

(3) Where this paragraph applies, the Chief Inspector may only register the person if, had the application been made under the 2006 Act, the Chief Inspector would have been required by section 37 and, as the case may be, section 56 of that Act, to grant the application.