The Childcare (General Childcare Register) Regulations 2008

• Citation: S.I. 2008/975
• Sections: 144

Section 1 Citation and commencement

These Regulations may be cited as the Childcare (General Childcare 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 the children for whom childcare is provided;

“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 provides early years childminding or later years childminding—

for a child or children for particular parents, wholly or mainly in the home of the parents, or

for a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;

“parent” includes any person who has parental responsibility for a child or has care of a child;

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

Section 3 Revocation of the Childcare (Voluntary Registration) Regulations 2007

The Childcare (Voluntary Registration) Regulations 2007 are revoked.

Section 4 Prescribed requirements for registration

(1) Part 1 of Schedule 1 contains requirements prescribed for the purposes of section 54(3)(b) of the Act.

(2) Part 1 of Schedule 2 contains requirements prescribed for the purposes of section 55(3)(b) of the Act.

Section 5 Information to accompany application for registration

(1) An application under section 54(1) of the Act must include the information in Part 2 of Schedule 1 about the matters mentioned there.

(2) An application under section 55(1) of the Act must include the information in Part 2 of Schedule 2 about the matters mentioned there.

Section 6 Matters prescribed for the purposes of section 59

A later years provider to whom section 59 of the Act applies must—

(a) meet such of the requirements set out in Schedule 3 as are applicable to that provider, and

(b) in the provision of childcare have regard to the needs of each child relating to childcare.

Section 7 Matters to be considered by the Chief Inspector

In exercising functions under Part 3 of the Act, the Chief Inspector is required to have regard to the requirements set out in Schedule 3.

Section 8 Matters to be considered by the Chief Inspector

Any allegation that a later years provider to whom section 59 of the Act applies has failed to meet such of the requirements set out in Schedule 3 as are applicable to that provider, or to have regard to the matter specified in regulation 6(b), may be taken into account—

(a) by the Chief Inspector in the exercise of functions under Part 3 of the Act, or

(b) in any proceedings under that Part.

Section 9 Offence relating to corporal punishment

(1) A later years provider who is registered in Part A of the general childcare register commits an offence if, without reasonable excuse, that provider fails to comply with the requirements in paragraph 5 of Schedule 3.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 10 Prescribed requirements for registration

(1) Subject to paragraph (2), Part 1 of Schedule 4 contains requirements prescribed for the purposes of section 62(3)(b) of the Act.

(2) In the case of an applicant who is to be a home child-carer, the requirements in paragraphs 5 to 8 in Part 1 of Schedule 4 are not prescribed for the purposes of section 62(3)(b) of the Act.

(3) Part 1 of Schedule 5 contains requirements prescribed for the purposes of section 63(4)(b) of the Act.

Section 11 Information to accompany application for registration

(1) Subject to paragraphs (2) and (3), an application for registration under section 62(1) of the Act must include the information set out in Part 2 of Schedule 4 about the matters mentioned there.

(2) In the case of an applicant who is to be a home child-carer, the information prescribed in paragraphs 12 to 14 in Part 2 of Schedule 4 is not required.

(3) In the case of an applicant who is not providing early years or later years childminding when their application is made under section 62(1) of the Act, the information prescribed in paragraphs 15 and 16 in Part 2 of Schedule 4 is not required.

(4) An application for registration under section 63(1) of the Act must include the information set out in Part 2 of Schedule 5 about the matters mentioned there.

Section 12 Activities of persons registered in Part B of the general childcare register

A person registered in Part B of the general childcare register must—

(a) meet such of the requirements set out in Schedule 6 as are applicable to that person, and

(b) in the provision of childcare have regard to the needs of each child relating to childcare.

Section 13 Activities of persons registered in Part B of the general childcare register

In exercising functions under Part 3 of the Act, the Chief Inspector is required to have regard to the requirements set out in Schedule 6.

Section 14 Activities of persons registered in Part B of the general childcare register

Any allegation that a person registered in Part B of the general childcare register has failed to meet such of the requirements set out in Schedule 6 as are applicable to that person, or to have regard to the matter specified in regulation 12(b), may be taken into account—

(a) by the Chief Inspector in the exercise of functions under Part 3 of the Act, or

(b) in any proceedings under that Part.

Section 1 Requirements relating to the applicant

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

Section 2 Requirements relating to the applicant

The applicant is to have the charge of the later 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 has an appropriate first aid qualification.

Section 5 Requirements relating to other persons

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

Section 6 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 5.

Section 7 Requirements relating to other persons

(1) Every person (other than a person mentioned in paragraph 5) 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 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 the later years childminding is not being provided.

Section 8 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 7(1).

Section 9 Information relating to the applicant

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

Section 10 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 11 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 later years childminding is to be provided.

Section 12 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 11) 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 later years childminding is not provided.

Section 13 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 14 Information relating to the later years childminding

The following information about the later 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 15 Information relating to the later years childminding

If the applicant is to have the care of any children (including the applicant’s own) other than children for whom the later 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 later 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 manager

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

Section 4 Requirements relating to the manager

The manager is suitable to care for children.

Section 5 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 6 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 Part A of the general childcare register, and

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

Section 7 Requirements relating to the nominated individual and other persons

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

Section 8 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 9 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 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 10 Requirement for first aid qualification

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

Section 11 Additional requirements for certain later years provision on domestic premises

(1) This paragraph applies in the case of later years provision on domestic premises which is not later years childminding by virtue of section 96(9) 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 later years provision is provided, is suitable to care for 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 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 later 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 12 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 13 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 member of the governing body of, the applicant.

Section 14 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 15 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 16 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 applicant was convicted, the date of the conviction and the penalty imposed, or

(ii) the date of the caution.

Section 17 Additional information about certain later years provision on domestic premises

(1) This paragraph applies in the case of later years provision on domestic premises which is not later years childminding by virtue of section 96(9) 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 later 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 later 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.

Section 18 Information relating to the later years provision

The following information about the later years provision which the applicant proposes to provide—

(a) the address of the premises on which it is to be provided,

(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 1 Welfare of the children being cared for

Children being cared for are kept safe from harm.

Section 2 Welfare of the children being cared for

(1) When later years childminding is being provided—

(a) the later years childminder is present at all times on the relevant premises,

(b) for every six children for whom the childminding is being provided, at least one person who has attained the age of 18 cares for such children, and

(c) at least one person caring for such children has an appropriate first aid qualification.

(2) When later years provision (other than later years childminding) is being provided—

(a) at least two persons who have attained the age of 18 and who care for the children are present at all times on the relevant premises,

(b) for every eight children for whom the later years provision is being provided, at least one person who has attained the age of 18 cares for such children, and

(c) at least one person caring for such children has an appropriate first aid qualification.

(3) Of the two persons required to be present by sub-paragraph (2)(a)—

(a) at least one such person is either the later years provider, the manager or a person who works for the later years provider caring for the children for whom the later years provision is provided, and

(b) any other such person is suitable to care for children,

and for the purposes of this sub-paragraph, a person is unsuitable to care for children unless the later years provider is satisfied that an enhanced criminal record certificate has been obtained in respect of that person.

Section 3 Welfare of the children being cared for

When a person who has not attained the age of 18 is caring for the children for whom the later years provision is provided, that person is supervised at all times by a person who has attained the age of 18.