Statutory Instruments
2012 No. 1699
Children And Young Persons, England
The Childcare (General Childcare Register) (Amendment) Regulations 2012
Made
28th June 2012
Laid before Parliament
5th July 2012
Coming into force
1st September 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 54(3)(b) and (5), 55(2)(a), (3)(b) and (5), 59, 63(2)(a), (4)(b) and (6), 67 and 104(2) of the Childcare Act 2006( 1 ).
In accordance with sections 59(2) and 67(2) of that Act the Secretary of State has consulted Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and other appropriate persons.
Citation and commencement
1. These Regulations may be cited as the Childcare (General Childcare Register) (Amendment) Regulations 2012 and come into force on 1st September 2012.
Amendments to the Childcare (General Childcare Register) Regulations 2008
2.The Childcare (General Childcare Register) Regulations 2008( 2 ) are amended as follows.
3. In regulation 2 (interpretation) after “appropriate first aid qualification” insert—
“ “childminder’s assistant” means a person who assists a registered childminder with childminding of one or more children to whom they are not related, on domestic premises and regardless of whether the assistant is paid or not; ” .
4. In Schedule 1 after paragraph 4 insert—
“ 4A. The applicant has completed an appropriate course approved by an English local authority designed to enable the applicant to meet the requirements in Schedule 3 which are applicable to later years childminding. ” .
5. —(1) Schedule 2 is amended as follows.
(2) For paragraph 5 substitute—
“ 5. The applicant has obtained an enhanced criminal record certificate in respect of the manager (if not the applicant). ” .
(3) Omit paragraphs 15 and 16.
6. —(1) Schedule 3 is amended as follows.
(2) In paragraph 2, for sub-paragraph (1)(a)( 3 ), substitute—
“ (a) the later years childminder is present at all times on the relevant premises while the childcare is being provided, except for a maximum of two hours per day if—
(i) a childminder’s assistant is present on the relevant premises in the childminder’s absence; and
(ii) the parents of the child have given consent to the childminder for the child to be left with the childminder’s assistant. ” .
(3) In paragraph 8—
(a) in sub-paragraph (1) after “The later years provider” insert “, the manager of the later years provision”;
(b) in sub-paragraph (2) after “children” insert “, including the manager,”; and
(c) in sub-paragraph (3) after “every person” insert “, including the manager,”.
(4) Omit paragraph 10.
(5) In paragraph 26—
(a) at the end of sub-paragraph (b) omit “and”; and
(b) at the end of sub-paragraph (c) add—
“ , and
(d) the appointment of a new manager to manage the later years provision. ” .
7. —(1) Schedule 5 is amended as follows.
(2) For paragraph 5 substitute—
“ 5. The applicant has obtained an enhanced criminal record certificate in respect of the manager (if not the applicant). ” .
(3) Omit paragraphs 15 and 16.
8. —(1) Schedule 6 is amended as follows.
(2) For paragraphs 3 and 3A substitute—
“ 3. A registered person who is registered as a childminder is present at all times on the relevant premises while the childcare is being provided, except for a maximum of two hours per day if—
(a) a childminder’s assistant is present on the relevant premises in the childminder’s absence; and
(b) the parents of the child have given written consent to the childminder for the child to be left with the childminder’s assistant. ” .
(3) In paragraph 10—
(a) in sub-paragraph (1) after “The registered person” insert “, the manager of the relevant premises”;
(b) in sub-paragraph (2) after “children” insert “, including the manager,”; and
(c) in sub-paragraph (3) after “every person” insert “, including the manager,”.
Sarah Teather
Minister of State
Department for Education
28th June 2012
S.I. 2008/975 was amended by S.I. 2009/1545 and S.I. 2010/677 .
Sub-paragraph (1)(a) was amended by S.I. 2009/1545 .