The Childcare (Fees) Regulations 2008

• Citation: S.I. 2008/1804
• Sections: 17

Section 1 Citation and commencement

These Regulations may be cited as the Childcare (Fees) Regulations 2008 and come into force on 1st September 2008.

Section 2 Interpretation

In these Regulations—

“the 1989 Act ” means the Children Act 1989 ;

“the 2006 Act ” means the Childcare Act 2006;

“nominated individual” has the meaning given in—

paragraph 9 of Schedule 2 to the Childcare (Early Years Register) Regulations 2008 , in relation to a person registered in the early years register ;

paragraph 6 of Schedule 2 to the Childcare (General Childcare Register) Regulations 2008 , in relation to a person registered in Part A of the general childcare register ;

paragraph 6 of Schedule 5 to the Childcare (General Childcare Register) Regulations 2008, in relation to a person registered in Part B of the general childcare register.

Section 3 Application fee for the early years register: early years childminders

In the case of an application for registration made under section 35(1) of the 2006 Act, the prescribed fee which must accompany the application is £25.

Section 4 Application fee for the early years register: other early years providers

In the case of an application for registration made under section 36(1) of the 2006 Act—

(a) where the applicant intends to provide the early years provision for—

(i) less than 3 hours per day,

(ii) less than 5 days per week, or

(iii) less than 45 weeks per year,

the prescribed fee which must accompany the application is £25;

(b) where the applicant intends to provide the early years provision for—

(i) 3 or more hours per day,

(ii) 5 or more days per week, and

(iii) 45 or more weeks per year,

the prescribed fee which must accompany the application is £180.

Section 5 Application fee for Part A of the general childcare register: later years childminders

In the case of an application for registration under section 54(1) of the 2006 Act, the prescribed fee which must accompany the application is £103.

Section 6 Application fee for Part A of the general childcare register: other later years providers

In the case of an application for registration under section 55(1) of the 2006 Act, the prescribed fee which must accompany the application is £114.

Section 7 Application fee for Part B of the general childcare register: childminders

In the case of an application for registration under section 62(1) of the 2006 Act, the prescribed fee which must accompany the application is £103.

Section 8 Application fee for Part B of the general childcare register: other childcare providers

In the case of an application for registration under section 63(1) of the 2006 Act, the prescribed fee which must accompany the application is £114.

Section 9 Annual fee for childminders registered in the early years register

(1) A person who is registered as an early years childminder under section 37(1) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (3).

(2) The prescribed fee is £25.

(3) The prescribed time is—

(a) in the case of a person who immediately before 1st September 2008 was registered under section 79F(1) of the 1989 Act, the day in each year which is the anniversary of the date on which the person became registered under that provision, or

(b) in all other cases, the day in each year which is the anniversary of the date on which the person became registered under section 37(1) of the 2006 Act.

Section 10 Annual fee for other early years providers registered in the early years register

(1) A person who is registered as an early years provider (other than a childminder) under section 37(2) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) or (3) at or by the time prescribed in paragraph (5) or (6).

(2) In a case where the early years provision is provided for—

(a) less than 3 hours per day,

(b) less than 5 days per week, or

(c) less than 45 weeks per year,

the prescribed fee is £25.

(3) In a case where the early years provision is provided for—

(a) 3 or more hours per day,

(b) 5 or more days per week, and

(c) 45 or more weeks per year,

the prescribed fee is £180.

(4) Paragraphs (5) and (7) apply in the case of an early years provider who—

(a) becomes registered under section 37(2) of the 2006 Act on 1st September 2008, and

(b) immediately before 1st September 2008—

(i) the early years provider, or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

was registered under section 79F(1) or (2) of the 1989 Act.

(5) The prescribed time is the day in each year which is the anniversary of the date on which—

(i) the early years provider, or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

became registered under section 79F(1) or (2) of the 1989 Act.

(6) In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which the early years provider became registered under section 37(2) of the 2006 Act.

(7) In relation to an annual fee which is payable by an early years provider referred to in paragraph (4) before 1st September 2010, in determining the amount of the fee payable—

(a) paragraph (2)(a) is to have effect as if the reference in that provision to 3 hours was a reference to 4 hours; and

(b) paragraph (3)(a) is to have effect as if the reference in that provision to 3 or more hours per day was a reference to 4 or more hours per day.

(8) In this regulation, “domestic group provider” means an early years provider who—

(a) provides early years provision on domestic premises,

(b) is registered under section 37(2) of the 2006 Act as an early years provider other than a childminder, and

(c) is a partnership, body corporate or unincorporated association.

Section 11 Annual fee for later years childminders registered in Part A of the general childcare register

(1) Subject to regulation 13, a person who is registered as a later years childminder under section 56(1) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (3).

(2) The prescribed fee is £103.

(3) The prescribed time is—

(a) in the case of a person who immediately before 1st September 2008 was registered under section 79F(1) of the 1989 Act, the day in each year which is the anniversary of the date on which the person became registered under that provision, or

(b) in all other cases, the day in each year which is the anniversary of the date on which the person became registered under section 56(1) of the 2006 Act

Section 12 Annual fee for other later years providers registered in Part A of the general childcare register

(1) Subject to regulation 13, a person who is registered as a later years provider (other than a childminder) under section 56(2) must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (4) or (5).

(2) The prescribed fee is £114.

(3) Paragraph (4) applies in the case of a later years provider who—

(a) becomes registered under section 56(2) of the 2006 Act on 1st September 2008, and

(b) immediately before 1st September 2008—

(i) the later years provider, or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

was registered under section 79F(1) or (2) of the 1989 Act.

(4) The prescribed time is the day in each year which is the anniversary of the date on which—

(a) the later years provider, or

(b) in the case of a domestic group provider, the person who is the nominated individual,

became registered under section 79F(1) or (2) of the 1989 Act.

(5) In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which the later years provider became registered under section 56(2) of the 2006 Act.

(6) In this regulation, “domestic group provider” means a later years provider who—

(a) provides later years provision on domestic premises,

(b) is registered under section 56(2) of the 2006 Act as a later years provider other than a childminder, and

(c) is a partnership, body corporate or unincorporated association.

Section 13 Further provision about annual fees for Part A of the general childcare register

(1) Regulation 11 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered as an early years childminder under section 37(1) of the 2006 Act.

(2) Regulation 12 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered as an early years provider (other than a childminder) under section 37(2) of the 2006 Act.

Section 14 Annual fee for childminders registered in Part B of the general childcare register

(1) Subject to regulation 16, a person who is registered under section 64(1) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (3).

(2) The prescribed fee is £103.

(3) The prescribed time is—

(a) in the case of a person who immediately before 1st September 2008 was registered under section 79F(1) of the 1989 Act, the day in each year which is the anniversary of the date on which the person became registered under that provision;

(b) in any other case, the day in each year which is the anniversary of the date on which the person became registered under section 64(1) of the 2006 Act.

Section 15 Annual fee for other childcare providers registered in Part B of the general childcare register

(1) Subject to regulation 16, a person who is registered under section 64(2) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (4) or (5).

(2) The prescribed fee is £114.

(3) Paragraph (4) applies in the case of an early years or later years provider who—

(a) becomes registered under section 64(2) of the 2006 Act on 1st September 2008, and

(b) immediately before 1st September 2008—

(i) the early or later years provider, or

(ii) in the case of a domestic group provider, the person who is the nominated individual,

was registered under section 79F(1) or (2) of the 1989 Act.

(4) The prescribed time is the day in each year which is the anniversary of the date on which—

(a) the early or later years provider, or

(b) in the case of a domestic group provider, the person who is the nominated individual,

became registered under section 79F(1) or (2) of the 1989 Act.

(5) In any other case, the prescribed time is the day in each year which is the anniversary of the date on which the person became registered under section 64(2) of the 2006 Act.

(6) In this regulation, “domestic group provider” means an early years or later years provider who—

(a) provides childcare on domestic premises,

(b) is registered under section 64(2) as a provider of childcare other than childminding, and

(c) is a partnership, body corporate or unincorporated association.

Section 16 Further provision about annual fees for Part B of the general childcare register

(1) Regulation 14 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered—

(a) as an early years childminder under section 37(1) of the 2006 Act, or

(b) as a later years childminder under section 56(1) of the 2006 Act.

(2) Regulation 15 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered—

(a) as an early years provider (other than a childminder) under section 37(2) of the 2006 Act, or

(b) as a later years provider (other than a childminder) under section 56(2) of the 2006 Act.

Section 17 Fee payable for copy certificate where original is lost or destroyed

For the purposes of sections 37(5), 56(5), 64(5) and 92(5) of the 2006 Act, the prescribed fee for a copy of a certificate of registration or combined certificate of registration that has been lost or destroyed is £7.00.