| STATUTORY INSTRUMENTS |
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| The Childcare (Early Years Register) Regulations 2008 |
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Made
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31st March 2008
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Laid before Parliament
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11th April 2008
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Coming into force
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1st September 2008
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The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 35(2)(a), (3)(b) and (5), 36(2)(a), (3)(b) and (5) and 104(2) of the Childcare Act 2006(1): |
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| 1- |
Citation and commencement |
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These Regulations may be cited as the Childcare (Early Years Register) Regulations 2008 and come into force on 1st September 2008. |
| 2- |
Interpretation |
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In these Regulations— |
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“the Act” means the Childcare Act 2006; |
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“appropriate first aid qualification” means a qualification in first aid appropriate for the treatment of children for whom early years provision is provided; |
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“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997(2); |
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“the EYFS learning and development requirements” means the requirements specified under section 39(1)(a) of the Act; |
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“the EYFS welfare requirements” means the requirements specified under section 39(1)(b) of the Act; |
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“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. |
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| 3- |
Prescribed requirements for registration |
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(1) |
Part 1 of Schedule 1 contains requirements prescribed for the purposes of section 35(3)(b) of the Act. |
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(2) |
Part 1 of Schedule 2 contains requirements prescribed for the purposes of section 36(3)(b) of the Act. |
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| 4- |
Information to accompany application for registration |
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(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. |
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(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. |
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31st March 2008 |
Beverley Hughes
Minister of State
Department for Children, Schools and Families
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| SCHEDULE 1 |
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Regulations 3(1) and 4(1)
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| Applications for registration: early years childminders |
| PART 1 |
| Prescribed requirements for registration |
| 1- |
Requirements relating to the applicant |
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The applicant is an individual who is suitable to provide early years childminding. |
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The applicant is to have the charge of the early years childminding. |
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The applicant has provided an application for an enhanced criminal record certificate in respect of themselves to the Chief Inspector(3). |
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The applicant will secure that the proposed early years childminding meets the EYFS learning and development requirements. |
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The applicant will comply with the EYFS welfare requirements. |
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The applicant has an appropriate first aid qualification. |
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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— |
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(a) |
the relevant premises (including the means of access to and exit from those premises), |
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(b) |
any equipment there, and |
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(c) |
the activities to be provided there. |
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| 8- |
Requirements relating to other persons |
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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(4). |
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An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in paragraph 8. |
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(1) |
Every person (other than a person mentioned in paragraph 8) who has attained the age of 16 and who— |
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(a) |
lives on the relevant premises, or |
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(b) |
works on the relevant premises, |
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is suitable to be in regular contact with young children. |
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(2) |
For the purposes of sub-paragraph (1)(b)— |
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(a) |
a person who works on the relevant premises includes a person who works on a voluntary basis, and |
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(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. |
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An application for an enhanced criminal record certificate is provided to the Chief Inspector in respect of every person mentioned in paragraph 10(1). |
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| PART 2 |
| Prescribed information about prescribed matters |
| 12- |
Information relating to the applicant |
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The applicant’s full name (and any alias and former name), date of birth, address and telephone number. |
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The following information about the applicant’s criminal convictions and cautions— |
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(a) |
the date of the offence, |
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(b) |
the nature of the offence, |
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(c) |
the place at which the offence was committed, and |
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(d) |
either— |
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(i) |
the name of the court by or before which the applicant was convicted, the date of the conviction and the penalty imposed, or |
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(ii) |
the date of the caution. |
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The following information about any appropriate first aid qualification obtained by the applicant— |
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(a) |
the name or type of the qualification, |
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(b) |
the name of the organisation which awarded the qualification, |
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(c) |
the date on which the qualification was obtained, and |
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(d) |
if the qualification expires on a particular date, that date. |
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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— |
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(a) |
the name or type of the qualification or training, |
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(b) |
the subjects studied, |
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(c) |
any mark or grade achieved, |
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(d) |
the name of the organisation which awarded the qualification or provided the training, |
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(e) |
the date on which the qualification was obtained or the training undertaken, and |
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(f) |
the length of any course undertaken as part of the qualification or training. |
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| 16- |
(1) |
The following information about the applicant’s employment history— |
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(a) |
the nature of any employment undertaken, the dates during which it was undertaken and the name and address of the employer, |
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(b) |
the nature of any work undertaken on a self-employed basis, the dates during which and place at which it was undertaken, and |
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(c) |
an explanation of the reason for any period unaccounted for under paragraph (a) or (b). |
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(2) |
In sub-paragraph (1)(a), “employment” includes work undertaken on a voluntary basis (and “employer” is to be read accordingly). |
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The names and addresses of two referees for the applicant who are not relatives of the applicant. |
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| 18- |
Information relating to other persons |
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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. |
| 19- |
(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. |
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(2) |
For the purposes of sub-paragraph (1)— |
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(a) |
a person who works on the relevant premises includes a person who works on a voluntary basis, and |
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(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. |
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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. |
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| 21- |
Information relating to the early years childminding |
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The following information about the early years childminding which the applicant proposes to provide— |
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(a) |
the address of the relevant premises, |
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(b) |
the days on which, and hours during which, it is to be provided, and |
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(c) |
the number of children for whom it is to be provided, and their ages. |
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| 22- |
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. |
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