The Childcare (Early Years Register) Regulations 2008

• Citation: S.I. 2008/974
• Sections: 51

Section 1 Citation and commencement

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

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Childcare Act 2006;

“appropriate first aid qualification” means a qualification in first aid appropriate for the treatment of children for whom early years provision is provided;

“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997 ;

“the EYFS learning and development requirements” means the requirements specified under section 39(1)(a) of the Act;

“the EYFS welfare requirements” means the requirements specified under section 39(1)(b) of the Act;

“relevant premises” means, in relation to early years provision by a person, the premises or part of the premises on which that early years provision is provided or will be provided.

Section 3 Prescribed requirements for registration

(1) Part 1 of Schedule 1 contains requirements prescribed for the purposes of section 35(3)(b) of the Act.

(2) Part 1 of Schedule 2 contains requirements prescribed for the purposes of section 36(3)(b) of the Act.

Section 4 Information to accompany application for registration

(1) An application under section 35(1) of the Act must include the information in Part 2 of Schedule 1 about the matters mentioned there.

(2) An application under section 36(1) of the Act must include the information in Part 2 of Schedule 2 about the matters mentioned there.

Section 1 Requirements relating to the applicant

The applicant is an individual who is suitable to provide early years childminding.

Section 2 Requirements relating to the applicant

The applicant is to have the charge of the early years childminding.

Section 3 Requirements relating to the applicant

The applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspector .

Section 4 Requirements relating to the applicant

The applicant will secure that the proposed early years childminding meets the EYFS learning and development requirements.

Section 5 Requirements relating to the applicant

The applicant will comply with the EYFS welfare requirements.

Section 6 Requirements relating to the applicant

The applicant has an appropriate first aid qualification.

Section 7 Requirements relating to the applicant

The applicant has carried out an assessment to identify any risks to the health or safety of children for whom early years childminding is to be provided, arising from—

(a) the relevant premises (including the means of access to and exit from those premises),

(b) any equipment there, and

(c) the activities to be provided there.

Section 8 Requirements relating to other persons

Every person (other than the applicant) who is to care for children for whom the early years childminding is provided is suitable to care for young children .

Section 9 Requirements relating to other persons

An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in paragraph 8.

Section 10 Requirements relating to other persons

(1) Every person (other than a person mentioned in paragraph 8) who has attained the age of 16 and who—

(a) lives on the relevant premises, or

(b) works on the relevant premises,

is suitable to be in regular contact with young children.

(2) For the purposes of sub-paragraph (1)(b)—

(a) a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b) a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when early years childminding is not being provided.

Section 11 Requirements relating to other persons

An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in paragraph 10(1).

Section 12 Information relating to the applicant

The applicant’s full name (and any alias and former name), date of birth, address and telephone number.

Section 13 Information relating to the applicant

The following information about the applicant’s criminal convictions and cautions—

(a) the date of the offence,

(b) the nature of the offence,

(c) the place at which the offence was committed, and

(d) either—

(i) the name of the court by or before which the applicant was convicted, the date of the conviction and the penalty imposed, or

(ii) the date of the caution.

Section 14 Information relating to the applicant

The following information about any appropriate first aid qualification obtained by the applicant—

(a) the name or type of the qualification,

(b) the name of the organisation which awarded the qualification,

(c) the date on which the qualification was obtained, and

(d) if the qualification expires on a particular date, that date.

Section 15 Information relating to the applicant

The following information about any qualification obtained (other than an appropriate first aid qualification) or training undertaken by the applicant which is relevant to the question of whether the applicant is suitable to provide early years childminding—

(a) the name or type of the qualification or training,

(b) the subjects studied,

(c) any mark or grade achieved,

(d) the name of the organisation which awarded the qualification or provided the training,

(e) the date on which the qualification was obtained or the training undertaken, and

(f) the length of any course undertaken as part of the qualification or training.

Section 16 Information relating to the applicant

(1) The following information about the applicant’s employment history—

(a) the nature of any employment undertaken, the dates during which it was undertaken and the name and address of the employer,

(b) the nature of any work undertaken on a self-employed basis, the dates during which and place at which it was undertaken, and

(c) an explanation of the reason for any period unaccounted for under paragraph (a) or (b).

(2) In sub-paragraph (1)(a), “employment” includes work undertaken on a voluntary basis (and “employer” is to be read accordingly).

Section 17 Information relating to the applicant

The names and addresses of two referees for the applicant who are not relatives of the applicant.

Section 18 Information relating to other persons

The full name (and any alias and former name), date of birth and address of every person who is to care for the children for whom the early years childminding is to be provided.

Section 19 Information relating to other persons

(1) The full name (and any alias and former name), date of birth and address of every person (other than a person mentioned in paragraph 18) who has attained the age of 16 and who works on the relevant premises.

(2) For the purposes of sub-paragraph (1)—

(a) a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b) a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years childminding is not provided.

Section 20 Information relating to other persons

The full name (and any alias and former name) and date of birth of every person who has attained the age of 16 and who lives on the relevant premises.

Section 21 Information relating to the early years childminding

The following information about the early years childminding which the applicant proposes to provide—

(a) the address of the relevant premises,

(b) the days on which, and hours during which, it is to be provided, and

(c) the number of children for whom it is to be provided, and their ages.

Section 22 Information relating to the early years childminding

If the applicant is to have the care of any children (including the applicant’s own) other than children for whom the early years childminding is to be provided, on the relevant premises, at times when that childminding is to be provided, the number of those children, and their ages.

Section 1 Requirements relating to the applicant

The applicant is suitable to provide early years provision.

Section 2 Requirements relating to the applicant

Where the applicant is an individual, the applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspector.

Section 3 Requirements relating to the applicant

The applicant will secure that the proposed early years provision meets the EYFS learning and development requirements.

Section 4 Requirements relating to the applicant

The applicant will comply with the EYFS welfare requirements.

Section 5 Requirements relating to the applicant

The applicant has carried out an assessment to identify any risks to the health or safety of children for whom early years provision is to be provided, arising from—

(a) the relevant premises (including the means of access to and exit from those premises),

(b) any equipment there, and

(c) the activities to be provided there.

Section 6 Requirements relating to the manager

The applicant has appointed an individual to manage the early years provision (“the manager”).

Section 7 Requirements relating to the manager

The manager is suitable to care for young children.

Section 8 Requirements relating to the manager

An application for an enhanced criminal record certificate in respect of the manager (if not the applicant) is provided to the Chief Inspector.

Section 9 Requirements relating to the nominated individual and other persons

Where the applicant is a partnership, body corporate or unincorporated association, the applicant has nominated an individual who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant (“the nominated individual”) to—

(a) be responsible for dealing with matters relating to the applicant’s application for registration, and subsequent registration, in the early years register, and

(b) oversee (either alone or jointly with others) the management of the early years provision.

Section 10 Requirements relating to the nominated individual and other persons

The nominated individual is suitable to be in regular contact with young children.

Section 11 Requirements relating to the nominated individual and other persons

An application for an enhanced criminal record certificate in respect of the nominated individual (if not the manager) is provided to the Chief Inspector.

Section 12 Requirements relating to the nominated individual and other persons

Where the applicant is a partnership, body corporate or unincorporated association whose sole or main purpose is the provision of childcare—

(a) every person (apart from the nominated individual) who is a partner in, or a director, secretary, other officer or member of the governing body of, the applicant is suitable to be in regular contact with young children, and

(b) an application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (a).

Section 13 Requirement for first aid qualification

At least one person who is to care for children for whom the early years provision is to be provided has an appropriate first aid qualification.

Section 14 Additional requirements for certain early years provision on domestic premises

(1) This paragraph applies in the case of early years provision on domestic premises which is not early years childminding by virtue of section 96(5) of the Act where the applicant for registration is an individual.

(2) Every person (other than the applicant and the manager) who is to care for children for whom the early years provision is provided is suitable to care for young children.

(3) An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (2).

(4) Every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who—

(a) lives on the relevant premises, or

(b) works on the relevant premises,

is suitable to be in regular contact with young children.

(5) For the purposes of sub-paragraph (4)(b)—

(a) a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b) a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years provision is not provided.

(6) An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in sub-paragraph (4).

Section 15 Information relating to the applicant and the nominated individual

Where the applicant is an individual, the applicant’s full name (and any alias and former name), date of birth, address and telephone number.

Section 16 Information relating to the applicant and the nominated individual

(1) This paragraph applies where the applicant is a partnership, body corporate or unincorporated association.

(2) The name, address and telephone number of the applicant.

(3) In the case of an applicant which is a body corporate, its registered number and, in the case of an applicant which is a registered charity, its registered charity number.

(4) The full name (and any alias and former name), date of birth, address and telephone number of the nominated individual.

(5) In the case of an applicant whose sole or main purpose is the provision of childcare, the full name (and any alias and former name), date of birth, address and telephone number of every person (except the nominated individual) who is a partner in, or a director, secretary, other officer or a member of the governing body of, the applicant.

Section 17 Information relating to the applicant and the nominated individual

The following information about the criminal convictions and cautions of the applicant and the nominated individual—

(a) the date of the offence,

(b) the nature of the offence,

(c) the place at which the offence was committed, and

(d) either—

(i) the name of the court by or before which the person was convicted, the date of the conviction and the penalty imposed, or

(ii) the date of the caution.

Section 18 Information relating to the manager

The full name (and any alias and former name) of the manager and, except where that person is also either the applicant or the nominated individual, their date of birth, address and telephone number.

Section 19 Information relating to the manager

The following information about the criminal convictions and cautions of the manager (unless that person is also either the applicant or the nominated individual)—

(a) the date of the offence,

(b) the nature of the offence,

(c) the place at which the offence was committed, and

(d) either—

(i) the name of the court by or before which the person was convicted, the date of the conviction and the penalty imposed, or

(ii) the date of the caution.

Section 20 Information relating to the manager

The following information about any appropriate first aid qualification obtained by the manager—

(a) the name or type of the qualification,

(b) the name of the organisation which awarded the qualification,

(c) the date on which the qualification was awarded, and

(d) if the qualification expires on a particular date, that date.

Section 21 Information relating to the manager

The following information about any qualification obtained (other than an appropriate first aid qualification) or training undertaken by the manager which is relevant to the question of whether the manager is suitable to care for young children—

(a) the name or type of the qualification or training,

(b) the subjects studied,

(c) any mark or grade achieved,

(d) the name of the organisation which awarded the qualification or provided the training,

(e) the date on which the qualification was obtained or the training undertaken, and

(f) the length of any course undertaken as part of the qualification or training.

Section 22 Information relating to the manager

(1) The following information about the manager’s employment history—

(a) the nature of any employment undertaken, the dates during which it was undertaken and the name and address of the employer,

(b) the nature of any work undertaken on a self-employed basis, the dates during which and location at which it was undertaken, and

(c) an explanation of the reason for any period unaccounted for under paragraph (a) or (b).

(2) In sub-paragraph (1)(a), “employment” includes work undertaken on a voluntary basis (and “employer” is to be read accordingly).

Section 23 Information relating to the manager

The names and addresses of two referees for the manager who are not relatives of the manager.

Section 24 Additional information for certain early years provision on domestic premises

(1) This paragraph applies in the case of early years provision on domestic premises which is not early years childminding by virtue of section 96(5) of the Act where the applicant for registration is an individual.

(2) The full name (and any alias and former name), date of birth and address of every person who is to care for the children for whom the early years provision is to be provided.

(3) The full name (and any alias and former name), date of birth and address of every person (other than a person mentioned in sub-paragraph (2)) who has attained the age of 16 and who works on the relevant premises.

(4) For the purposes of sub-paragraph (3)—

(a) a person who works on the relevant premises includes a person who works on a voluntary basis, and

(b) a person is not to be treated as working on the relevant premises if that person only works on the relevant premises at times when the early years provision is not provided.

(5) The full name (and any alias and former name) and date of birth of every person who has attained the age of 16 and who lives on the relevant premises.