children and young persons, england PART 1 General Citation and commencement 1 These Regulations may be cited as the Childcare (Voluntary Registration) Regulations 2007 and come into force on 6th April 2007. Interpretation 2 1 In these Regulations— “ the Act ” means the Childcare Act 2006; “enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997 ; “harm” has the same meaning as in section 31(9) of the Children Act 1989 ; “home child-carer” means an individual who— cares for a child for a parent (“P1”), or in addition to that work, cares for another child for a different parent (“P2”), and whose work consists (in a case within paragraph (a)) of caring for the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of caring for the children wholly or mainly in P1’s home or P2’s home or both; “manager” means— where the applicant is an individual, the applicant or (if the applicant employs staff) the individual who will be managing the early years provision or later years provision; where the applicant is a partnership, a body corporate or any unincorporated association other than a partnership, the individual who will be managing the early years provision or later years provision; “nominated individual”, in relation to an applicant which is a partnership, a body corporate or any unincorporated association other than a partnership, means a partner, director, secretary or other officer who is responsible for supervising the management of the childcare; “parent” includes a person who is not a parent of the child but who has parental responsibility for the child, and a person who is a relative of the child; “registered person” means a person providing early years provision or later years provision who is registered under Chapter 4 of Part 3 of the Act; “relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister (whether of the full blood or half-blood or by marriage or civil partnership) or a step-parent. 2 In these Regulations, except in regulations 4(2) and 6(2), any reference to providing childminding or childcare includes a reference to childminding or childcare that is to be provided. 3 In these Regulations any reference to employing a person includes employing a person whether or not for payment and allowing a person to work as a volunteer, and references to a person being employed shall be construed accordingly. Prescribed day for the purposes of the definition of later years provision 3 The day prescribed for the purposes of paragraph (b) in the definition of “later years provision” in section 96(6) of the Act is the date on which the child attains the age of 18. PART 2 Registration in Part B of the general childcare register Applications for registration 4 1 Subject to paragraph (2), an application under section 62(1) of the Act for registration in Part B of the general childcare register as a childminder must include the information set out in Part 1 of Schedule 1 about the matters listed in that Part of that Schedule. 2 Where the applicant is not providing childminding at the time he makes an application under section 62(1) of the Act, the information prescribed in paragraphs 4 to 7 in Part 1 of Schedule 1 is not required. 3 An application under section 63(1) of the Act for registration in Part B of the general childcare register in respect of premises must include the information set out in Part 1 of Schedule 2 about the matters listed in that Part of that Schedule. Fee to accompany an application for registration 5 1 The fee prescribed for the purposes of section 62(2)(c) of the Act (registration in Part B of the general childcare register as a childminder) is £100. 2 The fee prescribed for the purposes of section 63(2)(c) of the Act (registration in Part B of the general childcare register in respect of premises) is £110. Prescribed requirements for registration 6 1 Subject to paragraph (2), the requirements prescribed for the purposes of section 62(3)(b) of the Act are those set out in Part 2 of Schedule 1. 2 Where, at the time he makes an application under section 62(1) of the Act, the applicant— a is not providing childminding, or b is a home child-carer, the requirements set out in paragraphs 11, 12 and 15 of Part 2 of Schedule 1 are not prescribed requirements in relation to his application. 3 The requirements prescribed for the purposes of section 63(4)(b) of the Act are those set out in Part 2 of Schedule 2. Certificates of registration 7 1 A certificate of registration given to an applicant in pursuance of section 64(1) of the Act must give the following information about the applicant and the registration of the applicant— a the name of the registered person; b the date of registration; c any conditions imposed on the person’s registration under section 66(1) of the Act. 2 A certificate of registration given to an applicant in pursuance of section 64(2) of the Act must give the following information about the applicant and the registration of the applicant— a the name of the registered person; b the date of registration; c the address of the premises on which the childcare is being provided; d any conditions imposed on the person’s registration under section 66(1) of the Act. 3 The fee prescribed for the purposes of section 64(5) of the Act (fee for copy of lost or destroyed certificate of registration) is £5. PART 3 Provisions governing the activities of registered persons Matters prescribed for the purposes of section 67 of the Act 8 A registered person must, in relation to the early years provision or later years provision (or both) in respect of which the registered person is registered under Chapter 4 of Part 3 of the Act— a meet such of the requirements prescribed in Schedule 3 as are applicable to that person, and b in the provision of childcare have regard to the needs of each child relating to childcare. Matters to be considered by the Chief Inspector 9 Any allegation that a registered person has failed to meet the requirements prescribed in Schedule 3 or to have regard to the matter specified in regulation 8(b) may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act. Proceedings under Part 3 of the Act 10 Any allegation that a registered person has failed to meet the requirements prescribed in Schedule 3 or to have regard to the matter specified in regulation 8(b) may be taken into account in any proceedings under Part 3 of the Act. PART 4 Disclosure of information for the purposes of applications to register and cancellation of registration Power of the Chief Inspector in relation to information and prescribed requirements for registration 11 The Chief Inspector may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied. Disclosure of information: prescribed description of information 12 1 Information is of a prescribed description for the purposes of section 90(2)(a)(iii) of the Act if it falls within a description set out in paragraph (2). 2 The information— a confirms the identity of A; b is information about A contained in an enhanced criminal record certificate; c confirms relevant qualifications claimed by A; d is information about the health of A held by a medical practitioner; e is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, capacity, employment record or other relevant experience of A held by— i an educational institution currently or formerly attended by A, ii an employer or former employer of A, or iii a medical practitioner; f is information relating to the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility; g is information about A held by a local authority in connection with the exercise of its social services functions; h is information about A, whether or not of a kind described in paragraphs (a) to (g), held by— i the National Assembly for Wales in pursuance of its functions as registration authority under Part 10A of the Children Act 1989, ii the Scottish Commission for the Regulation of Care, pursuant to Part 1 of the Regulation of Care (Scotland) Act 2001 , iii a Health and Social Services Board pursuant to Part 11 of the Children (Northern Ireland) Order 1995 , iv a body acting on behalf of the Crown in the Channel Islands or the Isle of Man, v the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare. 3 In this regulation— “relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to any of the Chief Inspector’s functions under section 62(3)(b), 63(4)(b) or 68(2) of the Act; “social services functions” means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 . PART 5 Suspension of registration Suspension of registration 13 The registration of a registered person may be suspended by the Chief Inspector by notice in the circumstances prescribed in regulation 14 for the period prescribed in regulation 15. Circumstances in which registration may be suspended 14 1 The circumstances prescribed for the purposes of section 69(1) of the Act are that the Chief Inspector has reasonable cause to believe that the continued provision of childcare by the registered person exposes or may expose any relevant child to the risk of harm. 2 In this regulation “relevant child” means a child for whom childcare is or may be provided by the registered person. Suspension of registration: further provisions 15 1 Subject to paragraph (2), the period for which the registration of a registered person may be suspended is six weeks beginning with the date specified in the notice of suspension given in accordance with paragraph (4). 2 Subject to paragraph (3), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the Chief Inspector’s power to suspend registration may only be exercised so as to give rise to a continuous period of suspension of 12 weeks. 3 Where however it is not reasonably practicable (for reasons beyond the control of the Chief Inspector)— a to complete any investigation as to the circumstances giving rise to the Chief Inspector’s belief referred to in regulation 14, or b for any necessary steps to be taken to reduce or eliminate the risk of harm referred to in regulation 14, within a period of 12 weeks, the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a) or until the steps referred to in sub-paragraph (b) have been taken. 4 A notice under regulation 13 may be given to the person in question— a by delivering it to him, b by sending it by post, or c subject to paragraph (5), by transmitting it electronically. 5 If the notice is transmitted electronically, it is to be treated as given only if the requirements of paragraph (6) are met. 6 The person to whom the notice is to be given must have indicated to the Chief Inspector his willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and the notice must be sent to the address provided by him. Lifting of suspension 16 If, at any time during a period of suspension under regulation 13, it appears to the Chief Inspector that the circumstances prescribed in regulation 14(1) no longer exist, the Chief Inspector must lift the suspension. Right of appeal against suspension 17 1 A person whose registration has been suspended under regulation 13 may appeal to the Tribunal against suspension. 2 Subject to paragraph (3), on an appeal the Tribunal must either— a confirm the Chief Inspector’s decision to suspend registration; or b direct that the suspension shall cease to have effect. 3 If the suspension of a person’s registration against which an appeal has been made under paragraph (1) no longer has effect the Tribunal must dismiss the appeal. Beverley Hughes Minister of State Department for Education and Skills 6th March 2007