The Childcare Act 2006 - Notes [Website] - Fair Play For Children

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These notes refer to the Childcare Act 2006(c.21)which received Royal Assent on 11 July 2006Chapter 2: Regulation of Early Years ProvisionSection 33: Requirement to register: early years childminders81. Section 33 prohibits a person from providing early years childminding unless he isregistered in the early years register. Early years childminding is early years provisionprovided on domestic premises for reward where there are no more than three peopleproviding the care or assisting with its provision (see section 96(4) and (5)).82. Subsection (2) allows the Secretary of State to exempt certain persons from therequirement to be registered. This power may be used to exempt, for example, nannies andbabysitters.83. Subsection (4) sets out what happens where a person who should be registered as anearly years childminder under subsection (1) fails to register. In such cases the ChiefInspector may serve an enforcement notice on that person and that person may then beprosecuted if they continue to childmind without being registered (see subsection (7)). Thenotice will stay in effect until revoked by the Chief Inspector.Section 34: Requirement to register: other early years providers84. Section 34 sets out the requirement for early years providers, other than childminders,to be registered. Such early years providers must register in respect of particular premises.85. Subsection (2) exempts from this requirement early years provision made for childrenaged 3 and over at a maintained school, non-maintained special school or independent schoolwhere that provision is made by the school and one or more pupils attend it. Subsection (3)makes provision for the Secretary of State to exempt by order certain providers from therequirement to be registered.86. It is an offence to provide non-exempt early years provision without being registered(see subsection (5)).Section 35: Applications for registration: early years childminders87. Section 35 deals with applications for registration by early years childminders whoare required to be registered.88. Subsection (3) requires the Chief Inspector to grant an application for registration asan early years childminder if the applicant is not disqualified from registration and therequirements for registration set out in regulations are satisfied and are likely to continue tobe satisfied. (Subsection (5) sets out some of the areas which the regulations may deal withand these include (but are not limited to) the premises on which the childminding is to beprovided and any person who may be caring for the child.)89. Subsection (4) requires the Chief Inspector to refuse an application where theapplicant is disqualified and/or where the requirements set out in regulations are not satisfied.Section 36: Applications for registration: other early years providers90. Section 36 makes similar provision to section 35 for applications by other early yearsproviders. It differs from the provision for childminders in that applications are required tobe made in respect of particular premises.12
These notes refer to the Childcare Act 2006(c.21)which received Royal Assent on 11 July 2006Section 37: Entry on the register and certificates91. Section 37 places an obligation on the Chief Inspector to place successful applicantsin the early years register and to issue them with certificates of registration. This sectionmakes a distinction between early years childminders and early years providers who are notchildminders. This is because, when a childminder is registered, the registration is not linkedto any particular premises. In the case of other early years providers, however, theregistration is in respect of particular premises. This means that early years providers (otherthan childminders) may have separate entries in the register in respect of different premises(where they provide childcare at more than one location).92. Section 37 also requires the certificate of registration to set out particular information,as prescribed through regulations. Provision is made for amendment of registrationcertificates. Subsection (5) requires the Chief Inspector to provide a copy of a lost ordestroyed registration certificate when paid a fee as required by regulations.Section 38: Conditions on registration93. Section 38 deals with conditions on registration for compulsorily registered earlyyears providers. It allows the Chief Inspector to impose any conditions he thinks fit at anytime and to vary or remove any conditions at any time. Conditions may include (but are notlimited to) conditions to ensure that providers comply with regulations. It is an offence for aperson not to comply with conditions on his registration.Section 39: The Early Years Foundation Stage94. This section places a duty on the Secretary of State to specify certain requirements forthe purpose of promoting the well-being (as defined by section 1(2) of the Act) of youngchildren who are receiving early years provision. These requirements relate to learning byand the development of young children (the ‘learning and development requirements’) whichthe Secretary of State must specify by order and to the welfare of young children and theorganisation and staffing of early years settings (the ‘welfare requirements’), which theSecretary of State must prescribe by regulations. These requirements are together to beknown as the Early Years Foundation Stage (EYFS).Section 40: Duty to implement the Early Years Foundation Stage95. Section 40 sets out which providers are required to implement the EYFS. Thisincludes all early years providers who are required to be registered under sections 33 and 34of the Act, as well as early years providers who are exempted by section 34(2) from therequirement to be registered (i.e. provision made on school premises by schools for childrenaged 3 and over).96. Subsection (2) places these providers under a duty to implement the EYFS.Section 41: The learning and development requirements97. This section sets out what may and may not be covered by a learning anddevelopment order made by the Secretary of State under section 39(1)(a). The ‘learning anddevelopment requirements’ must cover six areas of learning and development, which arelisted in subsection (2). In relation to these six areas, the ‘learning and developmentrequirements’ may specify:13
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