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"enhanced criminal record certificate" means an enhanced criminal record certificate issued under section 113B of the Police Act 1997[2];

"harm" has the same meaning as in section 31(9) of the Children Act 1989[3];

"home child-carer" means an individual who—

(a) cares for a child for a parent ("P1"), or

(b) 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—

(a) 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;

(b) 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.

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.

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[5] 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.

(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[6],

(iii) a Health and Social Services Board pursuant to Part 11 of the Children (Northern Ireland) Order 1995[7],

(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[8].

    (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[9] 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

     10. —(1) Effective systems are in place to ensure that any person caring for, or in regular contact with, children satisfies the requirements in paragraph 9.

    (2) As part of meeting the requirement in this paragraph a registered person must obtain an enhanced criminal record certificate in relation any person who is employed by the registered person and who is caring for, or in regular contact with, children.

Qualifications and training
     11. At least one person who is caring for children on the premises has successfully completed training in the core skills as set out in the document "Common Core of Skills and Knowledge for the Children's Workforce"[10].

Suitability of premises and equipment
     12. —(1) The premises and equipment used for the purposes of the childcare concerned are suitable for the provision of that childcare and in particular—

(a) in the case of a registered person who is not a home child-carer, the premises are safe for the provision of that childcare;

(b) a child is not able to leave the premises without a person who is caring for children on the premises becoming aware of the child leaving except where—


(i) the childcare is open access childcare, or

(ii) the registered person has agreed with the parent of the child, where he is not a young child[11], that the requirement in this sub-paragraph shall not apply; and



(c) no person is able to enter the premises without a person who is caring for children on the premises being aware of the entry of that person.

    (2) In this paragraph "open access childcare" means childcare, other than childminding, under the arrangements for which a child, other than a young child, may leave the premises unaccompanied.

     13. —(1) In the case of a registered person who is not a home child-carer, a risk assessment of those premises and that equipment is undertaken—

(a) at least once in each calendar year, and

(b) immediately, where the need for an assessment arises,

and all necessary measures are taken to minimise any identified risks.

    (2) In the case of a registered person who is a home child-carer, the registered person advises parents of any health and safety risks.

Manner in which the childcare provision is organised
     14. In the case of a registered person who is not a home child-carer, arrangements are in place, with other providers of early years provision or later years provision, or with parents, for occasions on which the registered person is not able to provide the childminding in respect of which he is registered.

     15. The behaviour of the children is managed in a suitable manner.

     16. The childcare for children who have attained the age of eight does not have an adverse impact on the childcare for children who have not attained that age.

     17. —(1) No child is refused the provision of childcare or, in the provision of childcare, treated less favourably than another child by reason of—

(a) the race, home language, family background or gender of the child,

(b) the religion or belief of the child or his parents, or

(c) any disability or learning difficulty (within the meaning of section 312(2) of the Education Act 1996[12]) which the child may have.

    (2) In relation to a physical feature which makes it impossible or unreasonably difficult for disabled children to make use of the childcare the registered person is treated as complying with this paragraph if he has complied with the duty in section 21 of the Disability Discrimination Act 1995[13].

Procedures for dealing with complaints
     18. —(1) In the case of a registered person who is not a home child-carer, in relation to complaints—

(a) there is a written statement of procedures to be followed in relation to complaints,

(b) each complaint is fully investigated,

(c) a written record is made of any complaint, the outcome of the investigation and the action taken in response,

(d) the parent who made the complaint is provided (in written or electronic form if requested by the parent) as soon as is reasonably practicable, and in any event within 20 days of the date on which the complaint is made, with an account of the findings of the investigation into the complaint and the action, if any, that has been taken, or is to be taken as a result,

(e) the registered person supplies to the Chief Inspector at her request within such reasonable time as she may specify—


(i) a statement containing a summary of any complaints made during the preceding 12 months and the action taken in consequence,

(ii) a list of all complaints recorded pursuant to paragraph (c) within such period of time (not exceeding 2 years before the date on which the request was made) as may be specified by her,



(f) the record referred to in paragraph (c) is retained for a period of two years from the date on which the record was made.

    (2) In this paragraph a "complaint" means a complaint which—

(a) is made in writing or electronic form to the registered person by a parent in respect of a child for whom the registered person provides childcare, and

(b) relates to any of the requirements prescribed in this Schedule.

Keeping of records (other than records of complaints)
     19. Subject to paragraph 20, in the case of a registered person who is not a home child-carer, in relation to each child who is cared for on the premises, a record is maintained consisting of—

(a) name, home address and date of birth,

(b) name, home address and telephone number of a parent,

(c) a daily record of the names of the children looked after on the premises and their hours of attendance.

     20. There is no requirement to comply with paragraph 19 in relation to a child if the childcare is open access childcare (as defined in paragraph 12(2)).

     21. In the case of a registered person who is not a home child-carer, a record is maintained of accidents occurring on the premises on which the childcare is provided.

     22. In the case of a registered person who is not a home child-carer, a record is maintained of any medicinal product administered to any child who is cared for on the premises including—

(a) the date and circumstances of its administration,

(b) by whom it was administered,

(c) a record of a parent's consent.

     23. In the case of a registered person who is not a home child-carer, a record is maintained of the name, home address and telephone number of every person living or employed on the premises on which the childcare is provided.

     24. The records specified in paragraphs 19 and 21 to 23 are retained for a period of two years from the date on which the entry was made.

Provision of information
     25. —(1) In the case of a registered person who is not a home child-carer, the following information is made available to parents of children cared for on the premises—

(a) information on the activities the children will undertake;

(b) if the childcare is open access childcare (as defined in paragraph 12(2)), a statement to that effect;

(c) copies of the written statements of procedures referred to in paragraphs 7(1) and 18(1)(a);

(d) information about the system of registration under Chapter 4 of Part 3 of the Act;

(e) the address of the Chief Inspector.

    (2) In the case of a registered person who is a home child-carer, the registered person provides parents with information about Part B of the general childcare register and informs them of the address of the Chief Inspector.

     26. Subject to paragraph 28, if any of the events listed in paragraph 27 takes place, the registered person—

(a) notifies the Chief Inspector as soon as is reasonably practicable, and

(b) provides her with information relating to the event as soon as is reasonably practicable and in any event within 14 days of the event occurring.

     27. The events referred to in paragraph 26 are—

(a) the death of, or serious accident or serious injury to, a child while receiving early years provision or later years provision;

(b) the death of, or serious accident or injury to, any other person on the premises on which the early years provision or later years provision is provided;

(c) any allegation of serious harm to or abuse of a child committed—


(i) by any person caring for children on the premises, whether the allegation relates to harm or abuse occasioned on those premises or elsewhere,

(ii) by any person, where the allegation relates to harm or abuse occasioned on those premises,



(d) any incident of food poisoning affecting two or more children cared for on those premises.

     28. —(1) In the case of a registered person who is not a home child-carer, paragraph 26 applies in relation to events occurring while the registered person is providing childcare and in relation to any other events of which the registered person is aware.

    (2) In the case of a registered person who is a home child-carer, paragraph 26 only applies in relation to events occurring while the registered person is providing childcare.

     29. The Chief Inspector is informed of—

(a) any significant event which is likely to affect the suitability to work with children of the registered person or any person caring for, or in regular contact with, children;

(b) any change in circumstances which affects the information held by the Chief Inspector as a result of the requirements of—


(i) paragraphs 1 to 4 and 7 of Schedule 1, or

(ii) paragraphs 1 to 7 of Schedule 2;



(c) the matters referred to in paragraphs 4 to 7 of Schedule 1 where (by virtue of regulation 4(2)) information about those matters was not included in the application under section 62(1) of the Act, as soon as they are known, together with any change in circumstances which affects the information held by the Chief Inspector relating to the matters referred to in paragraphs 4 and 7 of Schedule 1.

Other matters
     30. The registered person is covered by insurance in respect of liability which may be incurred in respect of death, injury, public liability, damage or other loss.

     31. —(1) In the case of a registered person who is not a home child-carer, the certificate of registration is displayed on the premises on which childcare is provided.

    (2) A registered person who is a home child-carer must show the certificate of registration to a parent on request.

     32. —(1) If a registered person other than a home child-carer is suspended by virtue of regulation 13 the notice of suspension is displayed on the premises on which childcare is provided.

    (2) If a registered person who is a home child-carer is suspended by virtue of regulation 13, the home child-carer must show the notice of suspension to each parent to whom he provides childcare.

[2] 1997 c.50; section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15).back

[3] 1989 c.41.back

[4] See section 32 of the Childcare Act 2006.back

[5] For the definition of "the Chief Inspector" see section 98(1) of the Childcare Act 2006, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c.40).back

[6] 2001 asp8.back

[7] S.I. 1995/755 (N.I.2).back

[8] 1970 c.42. See section 1A of that Act, inserted by section 102(3) of the Local Government Act 2003 (c.26).back

[9] The Tribunal established by section 9 of the Protection of Children Act 1999 (c.14).back

[10] ISBN 1-84478-375-8.back

[11] For the definition of "young child" in the Childcare Act 2006 see, by virtue of section 98(1), section 19 of that Act.back

[12] 1996 c.56. Section 312(2) was amended by paragraph 23 of Schedule 7 to the Education Act 1997 (c.44); paragraph 56 of Schedule 9 to the Learning and Skills Act 2000 (c.21); and paragraph 3 of Schedule 1 to the Education and Inspections Act 2006 (c.40).back

[13] 1995 c.50.back

 © Crown copyright 2007