Citation and commencement

1. These Regulations may be cited as the Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014 and come into force on 1st September 2014.

Amendment to the Childcare (Early Years Register) Regulations 2008

2.The Childcare (Early Years Register) Regulations 2008( 2 ) are amended as follows.

3. In regulation 2—

(a) for the definition of “appropriate first aid qualification” substitute—

“ “appropriate first aid qualification” means a paediatric first aid certificate as described in Section 3 of the Statutory Framework for the Early Years Foundation Stage published by the Secretary of State on 31st March 2014 on the website of the Department for Education; ” ; and

(b) after the definition of “the EYFS welfare requirements” insert—

“ “relevant person” means—

4. In regulation 4(2), after “section 36(1)” insert “or (1A)”.

5. —(1) Schedule 1 is amended as follows.

(2) After paragraph 1 insert—

“ 1A. —(1) In the case of an application for registration in the early years register, the applicant is not already registered with a childminder agency under Chapter 2 or 3 of Part 3 of the Act .

(2) In the case of an application for registration with an early years childminder agency, the applicant is not already registered—

(a) with another childminder agency under Chapter 2 or 3 of Part 3 of the Act, or

(b) in the early years register or the general childcare register. ” .

(3) In paragraph 3, for “Chief Inspector” substitute “relevant person”.

(4) In paragraph 3A, for “an appropriate course approved by an English local authority”, substitute “a course”.

(5) In paragraphs 9 and 11, for “Chief Inspector” substitute “relevant person”.

6. —(1) Schedule 2 is amended as follows.

(2) After paragraph 1 insert—

“ 1A. —(1) In the case of an application for registration in the early years register, the applicant is not already registered with a childminder agency under Chapter 2 or 3 of Part 3 of the Act.

(2) In the case of an application for registration with an early years childminder agency, the applicant is not already registered—

(a) with another childminder agency under Chapter 2 or 3 of Part 3 of the Act, or

(b) in the early years register or the general childcare register. ” .

(3) In paragraph 2, for “Chief Inspector” substitute “relevant person”.

(4) For paragraph 8, substitute—

“ 8. The applicant has, in respect of the manager (if not the applicant)—

(a) obtained an enhanced criminal record certificate, or

(b) provided an application for an enhanced criminal record certificate to the relevant person where the provision is early years provision on domestic premises which would be early years childminding but for section 96(5) of the Act. ” .

(5) In paragraphs 11, 12(b), 14(3) and 14(6), for “Chief Inspector” substitute “relevant person”.

Amendments to the Childcare (General Childcare Register) Regulations 2008

7.The Childcare (General Childcare Register) Regulations 2008( 4 ) are amended as follows.

8. For the heading to Part 2, substitute “Registration as a later years provider under Chapter 3 of Part 3 of the Act”.

9. In regulation 2, after the definition of “parent” insert—

“ “relevant person” means—

10. In regulation 5(2), after “section 55(1)” insert “or (1A)”.

11. In regulation 7—

(a) in the heading, at the end add “and later years childminder agencies”( 5 ); and

(b) for “is required” substitute “and later years childminder agencies are required”.

12. In regulation 8, paragraph (a), for “Chief Inspector” substitute “relevant person”.

13. After regulation 8 insert—

“ 8A. Any allegation that a later years childminder agency has failed to meet the requirement in regulation 7 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. ” .

14. In regulation 9(1), after “register” insert “or with a later years childminder agency”.

15. For the heading to Part 4, substitute “Voluntary registration under Chapter 4 of Part 3 of the Act”.

16. In regulation 12—

(a) in the heading, for “in Part B of the general childcare register” substitute “voluntarily”; and

(b) after “register” insert “or a person registered with a childminder agency under Chapter 4 of Part 3 of the Act”.

17. In regulation 13, for “is required” substitute “and childminder agencies are required”.

18. In regulation 14—

(a) for “registered in Part B of the general childcare register” substitute “to whom section 67 of the Act applies”; and

(b) in sub-paragraph (a), for “Chief Inspector” substitute “relevant person”.

19. After regulation 14 insert—

“ 14A. Any allegation that a childminder agency has failed to meet the requirement in regulation 13 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. ” .

20. —(1) Schedule 1 is amended as follows.

(2) In the heading to the Schedule, omit the words “in Part A of the general childcare register”.

(3) After paragraph 1 insert—

“ 1A. —(1) In the case of an application for registration in Part A of the general childcare register, the applicant is not already registered with a childminder agency under Chapter 2 or 3 of Part 3 of the Act.

(2) In the case of an application for registration with a later years childminder agency, the applicant is not already registered—

(a) with another childminder agency under Chapter 2 or 3 of Part 3 of the Act, or

(b) in the early years register or the general childcare register. ” .

(4) In paragraph 3, for “Chief Inspector” substitute “relevant person”.

(5) In paragraph 4A, for “an appropriate course approved by an English local authority”, substitute “a course”.

(6) In paragraphs 6 and 8, for “Chief Inspector” substitute “relevant person”.

21. —(1) Schedule 2 is amended as follows.

(2) In the heading to the Schedule, omit the words “in Part A of the general childcare register”.

(3) After paragraph 1 insert—

“ 1A. —(1) In the case of an application for registration in Part A of the general childcare register, the applicant is not already registered with a childminder agency under Chapter 2 or 3 of Part 3 of the Act.

(2) In the case of an application for registration with a later years childminder agency, the applicant is not already registered—

(a) with another childminder agency under Chapter 2 or 3 of Part 3 of the Act, or

(b) in the early years register or the general childcare register. ” .

(4) In paragraph 2, for “Chief Inspector” substitute “relevant person”.

(5) For paragraph 5, substitute—

“ 5. The applicant has, in respect of the manager (if not the applicant)—

(a) obtained an enhanced criminal record certificate, or

(b) provided an application for an enhanced criminal record certificate to the relevant person, where the provision is later years provision on domestic premises which would be later years childminding but for section 96(9) of the Act. ” .

(6) In paragraphs 8, 9(b), 11(3) and 11(6), for “Chief Inspector” substitute “relevant person”.

22. —(1) Schedule 3 is amended as follows.

(2) After paragraph 1 insert—

“ 1A. The later years provider ensures, so far as is reasonably practicable, that every person caring for the children for whom the later years provision is provided is alert to any indications that a child may be suffering from harm. ” .

(3) In paragraph 2—

(a) for sub-paragraph (2), substitute—

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

(a) a sufficient number of persons is present at all times on the relevant premises to ensure the safety and welfare of the children for whom the later years provision is provided, but such number must not be less than one person caring for every thirty children,

(b) at least one such person is 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

(c) at least one such person (which may be the person required to be present by paragraph (2)(b)) has an appropriate first aid qualification. ” ; and

(b) omit sub-paragraph (3).

(4) In paragraph 3, for “has not attained the age of 18” substitute “has not attained the age of 17”.

(5) In paragraph 6—

(a) the existing paragraph is renumbered as sub-paragraph (1); and

(b) after that sub-paragraph, insert—

“ (2) The later years provider provides, or secures the provision of, training to every person caring for the children for whom the later years provision is provided on the procedures set out in the written statement. ” .

(6) After paragraph 6 insert—

“ 6A. —(1) A person is designated to—

(a) have particular responsibility for ensuring the welfare and safety of the children for whom the later years provision is provided,

(b) provide support and guidance in relation to child protection matters to any person who cares for the children for whom the later years provision is provided,

(c) attend child protection training (in addition to the training described in sub-paragraph 6(2)) designed to enable the person to identify and act on any indications that a child may be suffering from harm, and

(d) liaise with any Local Safeguarding Children Board (as established under section 13 of the Children Act 2004 ( 6 ) ) and any director of children’s services (within the meaning given by section 18 of that Act ( 7 ) ).

(2) When later years childminding is provided, the designated person must be the later years childminder, and when later years provision (other than later years childminding) is provided, the designated person must be the later years provider, the manager, or any person who works for the later years provider caring for the children for whom the later years provision is provided. ” .

(7) In paragraph 8—

(a) in sub-paragraph (1)(a), at the end add “and”;

(b) for sub-paragraph (1)(b), substitute—

“ (b) has a sufficient command of the English language to ensure the welfare and safety of the children for whom the later years provision is provided. ” ; and

(c) omit sub-paragraphs (1)(c) and (1)(d).

(8) For paragraph 11, substitute—

“ 11. The later years provider provides, or secures the provision of, any training which, in the opinion of the later years provider, is necessary to ensure that the persons caring for the children for whom the later years provision is provided have the skills and experience suitable to care for such children. ” .

(9) In paragraph 12—

(a) at the end of paragraph (b) omit “and”; and

(b) after paragraph (c) insert—

“ (d) where food is provided, the premises have suitable facilities for the preparation of the food,

(e) the premises have toilet and hand washing facilities sufficient in number for, and suitable for use by, the children for whom the later years provision is provided, and

(f) the premises provide access to a secure outdoor space or, where this is not practicable, reasonable arrangements are made for activities to take place outdoors. ” .

(10) For paragraph 13, substitute—

“ 13. All necessary measures are taken to minimise any risks to the health or safety of the children for whom the later years provision is provided, and of any person who works for the later years provider caring for such children, arising from the relevant premises (including the means of access to and exit from those premises), the equipment used for the purposes of the later years provision and the activities provided. ” .

(11) After paragraph 13 insert—

“ Food provided for children

13A. —(1) Any food and drink provided to the children for whom the later years provision is provided is properly prepared, wholesome and nutritious.

(2) The children for whom the later years provision is provided have access to drinking water. ” .

(12) Omit paragraph 16.

(13) In paragraph 17—

(a) for “section 1(1) of the Disability Discrimination Act 1995”, substitute “section 6(1) of the Equality Act 2010( 8 )”; and

(b) for “section 21 of the Disability Discrimination Act 1995 (duty of service providers to make adjustments)”, substitute “section 20(4) of the Equality Act 2010 (duty to make adjustments)”.

(14) In paragraphs 18(1)(e), 24(d), 25(1) and 26, in each place where it occurs, for “Chief Inspector” substitute “relevant person”.

(15) In paragraph 28, after “section 56” insert “, section 56A”.

(16) In paragraph 29, after “section 69” insert “or section 69A”.

23. —(1) Schedule 6 is amended as follows.

(2) In the heading to the Schedule, for “in Part B of the general childcare register” substitute “voluntarily”.

(3) For paragraph 4 substitute—

“ In the case of a registered person who is registered as a provider of childcare other than a childminder—

(a) a sufficient number of persons is present at all times on the relevant premises to ensure the safety and welfare of the children for whom the childcare is provided, and

(b) at least one such person is the registered person, the manager, or a person who works for the registered person caring for the children for whom the childcare is provided. ” .

(4) In paragraph 5, for “has not attained the age of 18”, substitute “has not attained the age of 17”.

(5) In paragraph 10, omit sub-paragraphs (1)(b), (1)(c) and (1)(d).

(6) In paragraph 14, for sub-paragraph (1) substitute—

“ (1) In the case of a registered person who is not a home child-carer, all necessary measures are taken to minimise any risks to the health or safety of the children for whom the childcare is provided, and of any person who works for the registered person caring for such children, arising from the relevant premises (including the means of access to and exit from those premises), the equipment used for the purposes of the childcare and the activities provided. ” .

(7) Omit paragraph 17.

(8) In paragraph 18—

(a) for “section 1(1) of the Disability Discrimination Act 1995”, substitute “section 6(1) of the Equality Act 2010”; and

(b) for “section 21 of the Disability Discrimination Act 1995 (duty of service providers to make adjustments)”, substitute “section 20(4) of the Equality Act 2010 (duty to make adjustments)”.

(9) In paragraphs 19(1)(e), 26(1)(e) and 27(1), in each place where it occurs, for “Chief Inspector” substitute “relevant person”.

(10) In paragraph 29, in the first place where it occurs, for “Chief Inspector” substitute “relevant person”.

(11) In paragraph 31(1), after “section 64” insert “, section 65A”.

(12) In paragraph 32(1), after “section 69” insert “or section 69A”.

(13) In paragraph 33, after “register” insert “or with a childminder agency under Chapter 4 of Part 3 of the Act”.

Amendments to the Early Years Foundation Stage (Welfare Requirements) Regulations 2012

24.The Early Years Foundation Stage (Welfare Requirements) Regulations 2012( 9 ) are amended as follows.

25. In regulation 2—

(a) in the definition of “the Document” for “27th March 2012” substitute “31st March 2014”;

(b) for the definition of “registered early years provider” substitute—

“ “registered early years provider” means a person who is registered under Chapter 2 of Part 3 of the Act in the early years register or with an early years childminder agency; ” ; and

(c) after the definition of “registered early years provider” insert—

“ “relevant person” means—

26. In regulation 4—

(a) after “Chief Inspector” insert “and early years childminder agencies”; and

(b) in the heading, at the end insert “and early years childminder agencies”.

27. In regulation 5—

(a) the existing regulation is renumbered as paragraph (1); and

(b) after that paragraph insert—

“ (2) Any allegation that an early years childminder agency has failed to meet the requirement in regulation 4 may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act. ” .

28. After regulation 5 insert—

“ Matters to be considered by early years childminder agencies

5A. Any allegation that an early years provider has—

(a) failed to meet the welfare requirements; or

(b) failed to have regard to the matters in Schedule 3 of the Document,

may be taken into account by an early years childminder agency in the exercise of functions under Part 3 of the Act. ” .

29. In regulation 6—

(a) the existing regulation is renumbered as paragraph (1); and

(b) after that paragraph insert—

“ (2) Any allegation that an early years childminder agency has failed to meet the requirement in regulation 4 may be taken into account in any proceedings under Part 3 of the Act. ” .

30. In regulations 8 and 9, in each place where it appears, for “Chief Inspector” substitute “relevant person”.

31. In regulation 10(1), for “a registered early years provider” substitute “an early years provider who is registered in the early years register and”.