Citation and interpretation

1. —(1) These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 5 and Transitional Provision) Regulations 2024.

(2) In these Regulations—

“ the Act ” means the Levelling-up and Regeneration Act 2023;

“ the 2006 Act ” means the Childcare Act 2006( 2 );

“ the commencement date ” means 1st November 2024.

(3) In these Regulations the following terms have the meaning given by section 98 (interpretation of Part 3) of the 2006 Act—

(a) “the Chief Inspector”( 3 );

(b) “childcare”;

(c) “childminder agency”( 4 );

(d) “domestic premises”;

(e) “early years childminder”;

(f) “early years childminder agency( 5 )”;

(g) “early years childminding”;

(h) “early years provider”;

(i) “early years provision”;

(j) “later years childminder”;

(k) “later years childminder agency( 6 )”;

(l) “later years childminding”;

(m) “later years provider”;

(n) “later years provision”.

(4) In these Regulations, the following terms are to be construed in accordance with section 32( 7 ) (maintenance of the two childcare registers) of the 2006 Act—

(a) “the early years register”;

(b) “Part A of the general childcare register”;

(c) “Part B of the general childcare register”.

Provisions coming into force on the commencement date

2. The following provisions of the Act come into force on the commencement date—

(a) section 237 (childcare: use of non-domestic premises) and Schedule 23 (use of non-domestic premises for childcare: registration); and

(b) section 238 (childcare: number of providers).

Schedules – transitional provision

3. The following Schedules to these Regulations have effect—

(a) Schedule 1 (transitional provision: persons who may only provide childcare on non-domestic premises other than childminders without domestic premises);

(b) Schedule 2 (transitional provision: persons providing childcare on domestic premises other than childminders); and

(c) Schedule 3 (transitional provision: childminders with domestic premises).

Saving provision in relation to the Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014

4. No provision made in the Schedules to these Regulations has any effect for the purpose of computing a year of registration for the purposes of the Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014( 8 ).

SCHEDULES

Regulation 3(a)

SCHEDULE 1 Transitional Provision: persons who may only provide childcare on non-domestic premises other than childminders without domestic premises

1. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as an early years provider other than a childminder in the early years register under section 37(2)( 9 ) of the 2006 Act (entry on the register and certificates) by virtue of an application for registration made under section 36(1)( 10 ) of the 2006 Act (applications for registration: other early years providers).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as an early years provider other than a childminder in the early years register under section 37(2) of the 2006 Act by virtue of an application for registration made under section 36(1)(a) of the 2006 Act.

2. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as an early years provider other than a childminder in the early years register under section 36(1) of the 2006 Act; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as an early years provider other than a childminder in the early years register under section 36(1)(a) of the 2006 Act.

3. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a later years provider other than a childminder in Part A of the general childcare register under section 56(2)( 11 ) of the 2006 Act (entry on the register and certificates) by virtue of an application for registration made under section 55(1)( 12 ) of the 2006 Act (applications for registration: other later years providers).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a later years provider other than a childminder in Part A of the general childcare register under section 56(2) of the 2006 Act by virtue of an application for registration made under section 55(1)(a) of the 2006 Act.

4. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as a later years provider other than a childminder in Part A of the general childcare register under section 55(1) of the 2006 Act; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as a later years provider other than a childminder in Part A of the general childcare register under section 55(1)(a) of the 2006 Act.

5. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a later years provider other than a childminder in Part A of the general childcare register under section 57(2)( 13 ) of the 2006 Act (special procedure for providers registered in the early years register) in relation to later years provision in respect of which a person is required to be registered by section 53(1)( 14 ) of the 2006 Act (requirement to register: other later years providers for children under eight).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a later years provider other than a childminder in Part A of the general childcare register under section 57(2) of the 2006 Act in relation to later years provision in respect of which a person is required to be registered by section 53(1)(a) of the 2006 Act.

6. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has given notice to the Chief Inspector under section 57(2) of the 2006 Act for registration as a later years provider other than a childminder in Part A of the general childcare register in relation to later years provision in respect of which a person is required to be registered by section 53(1) of the 2006 Act; and

(b) immediately before the commencement date the Chief Inspector has not discharged their duty under section 57(2) of the 2006 Act in relation to the notice referred to in paragraph (a).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have given the notice referred to in sub-paragraph (1)(a) to the Chief Inspector under section 57(2) of the 2006 Act for registration as a later years provider other than a childminder in Part A of the general childcare register in relation to later years provision in respect of which a person is required to be registered by section 53(1)(a) of the 2006 Act.

7. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 64(2)( 15 ) of the 2006 Act (entry on the register and certificates) in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)( 16 ) (requirement to register: other early years providers) or 53(1) of the 2006 Act respectively.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 64(2) of the 2006 Act in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

8. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as a provider of childcare other than a childminder in Part B of the general childcare register under section 63(1)( 17 ) of the 2006 Act (applications for registration on the general register: other childcare providers) in relation to—

(i) early years provision; or

(ii) later years provision,

in respect of which a person is not required to be registered by section 34(1) or 53(1) of the 2006 Act respectively; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as a provider of childcare other than a childminder in Part B of the general childcare register under section 63(1)(a) of the 2006 Act in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

9. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 65(2) of the 2006 Act (special procedure for persons already registered in a childcare register) in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1) or section 53(1) of the 2006 Act respectively.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a provider of childcare other than a childminder in Part B of the general childcare register under section 65(2) in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

10. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has given notice to the Chief Inspector under section 65(2) of the 2006 Act for registration as a provider of childcare other than as a childminder in Part B of the general childcare register in relation to—

(i) early years provision; or

(ii) later years provision,

in respect of which a person is not required to be registered by section 34(1) or section 53(1) of the 2006 Act respectively; and

(b) immediately before the commencement date the Chief Inspector has not discharged their duty under section 65(2) of the 2006 Act in relation to the notice referred to in paragraph (a).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have given the notice referred to in sub-paragraph (1)(a) under section 65(2) of the 2006 Act for registration as a provider of childcare other than a childminder in Part B of the general childcare register in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by section 34(1)(a) or 53(1)(a) of the 2006 Act respectively.

Regulation 3(b)

SCHEDULE 2 Transitional provision: persons providing childcare on domestic premises other than childminders

PART 1 Introductory

Transitional Provision

1. For as long as a registration remains a relevant registration, the amendments made by section 238 of the Act to section 96(5) and (9) (meaning of early years and later years provision etc.) of the 2006 Act do not apply in relation to that relevant registration.

Meaning of relevant registration

2. —(1) For the purposes of this Schedule a “ relevant registration ” means a registration that comes within a paragraph in Part 2 of this Schedule.

(2) A relevant registration held immediately before the commencement date is a relevant registration even if that relevant registration is recorded in the early years register or in Part A or Part B of the general childcare register in consequence of—

(a) the cancellation of a childminder agency’s registration under—

(i) regulation 13 (effect of cancellation of an early years childminder agency); or

(ii) regulation14 (effect of cancellation of a later years childminder agency); or

(b) the voluntary removal of a childminder agency’s registration under—

(i) regulation 15 (voluntary removal of childminder agency from register: providers (early years, etc.)); or

(ii) regulation 16 (voluntary removal of childminder agency from register: providers (later years, etc.)),

of the Childcare (Childminder Agencies) (Cancellation etc.) Regulations 2014( 18 ).

(3) A relevant registration remains a relevant registration on and after the commencement date even if that registration is subsequently recorded in the early years register or in Part A or Part B of the general childcare register in consequence of the circumstances referred to in paragraph (2)(a) or (b).

PART 2 Meaning of relevant registration

3. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration—

(a) in the early years register under section 37(2) of the 2006 Act by virtue of an application for registration made under section 36(1A)(a)( 19 ) of the 2006 Act; or

(b) with an early years childminder agency under section 37A(2)( 20 ) of the 2006 Act (early years childminder agencies: registers and certificates).

(3) The condition in this sub-paragraph is that the registration was held by a person immediately before the commencement date.

4. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that the registration meets the condition in paragraph 3(2).

(3) The condition in this sub-paragraph is that the registration is granted to a person on or after the commencement date by virtue of an application for registration made before the commencement date.

5. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration—

(a) in Part A of the general childcare register—

(i) under section 56(2) of the 2006 Act by virtue of an application for registration made under section 55(1A)(a)( 21 ) of the 2006 Act; or

(ii) under section 57(2) of the 2006 in relation to later years provision in respect of which a person is required to be registered by 53(1A) of the 2006 Act; or

(b) with a later years childminder agency—

(i) under section 56A(2)( 22 ) of the 2006 Act (later years childminder agencies: registers and certificates); or

(ii) under section 57A(4)( 23 ) of the 2006 Act (special procedure for providers registered with early years childminder agencies).

(3) The condition in this sub-paragraph is that the registration was held by a person immediately before the commencement date.

6. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration which meets the condition in paragraph 5(2)(a)(i) or (b)(i).

(3) The condition in this sub-paragraph is that the registration is granted to a person on or after the commencement date by virtue of an application for registration made before the commencement date.

7. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration which meets the condition in paragraph 5(2)(a)(ii) or (b)(ii).

(3) The condition in this sub-paragraph is that the registration is granted to a person on or after the commencement date by virtue of a notice for registration given before the commencement date.

8. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2), (3) and (5), or the conditions in sub-paragraphs (4) and (5).

(2) The condition in this sub-paragraph is that it is a registration in Part B of the general childcare register under—

(a) section 64(2) of the 2006 Act; or

(b) section 65(2) of the 2006 Act.

(3) The condition is this sub-paragraph is that the registration is in relation to—

(a) early years provision; or

(b) later years provision,

in respect of which a person is not required to be registered by virtue of section 34(1A) or 53(1A) of the 2006 Act respectively.

(4) The condition in this sub-paragraph is that it is a registration with an early years childminder agency or a later years childminder agency under section 65A(4)( 24 ) of the 2006 Act (procedure for persons already registered with a childminder agency).

(5) The condition in this sub-paragraph is that the registration was held by a person immediately before the commencement date.

9. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration which meets the conditions in paragraph 8(2)(a) and (3).

(3) The condition in this sub-paragraph is that the registration is granted to a person on or after the commencement date by virtue of an application for registration made before the commencement date.

10. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration which meets the conditions in paragraph 8(2)(b) and (3) or the condition in paragraph 8(4).

(3) The condition in this sub-paragraph is that the registration is granted to a person on or after the commencement date by virtue of a notice for registration given before the commencement date.

11. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration which meets the condition in paragraph 5(2)(a)(ii) or (b)(ii).

(3) The condition in this sub-paragraph is that the registration is granted—

(a) on or after the commencement date;

(b) to a person who holds a registration which comes within paragraph 3 or 4; and

(c) by virtue of a notice for registration given on or after the commencement date.

12. —(1) A registration comes within this paragraph if it meets the conditions in sub-paragraphs (2) and (3).

(2) The condition in this sub-paragraph is that it is a registration which meets the conditions in paragraph 8(2)(b) and (3) or the condition in paragraph 8(4).

(3) The condition in this sub-paragraph is that the registration is granted—

(a) on or after the commencement date;

(b) to a person who holds a registration which comes within paragraph 3, 4, 5, 6, or 7; and

(c) by virtue of a notice for registration given on or after the commencement date.

Regulation 3(c)

SCHEDULE 3 Transitional Provision: childminders with domestic premises

1. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as an early years childminder—

(a) in the early years register under section 37(1) of the 2006 Act; or

(b) with an early years childminder agency under section 37A(1) of the 2006 Act.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as an early years childminder with domestic premises—

(a) in the case of a person whose registration is described in sub-paragraph (1)(a), in the early years register under section 37(1) of the 2006 Act; or

(b) in the case of a person whose registration is described in sub-paragraph (1)(b), with the early years childminder agency under section 37A(1) of the 2006 Act.

2. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as an early years childminder—

(i) in the early years register under section 35(1)(a) of the 2006 Act (applications for registration: early years childminders with domestic premises); or

(ii) with an early years childminder agency under section 35(1)(b) of the 2006 Act; and

(b) immediately before the commencement date the application for registration referred to in sub-paragraph (a) remains undetermined by the Chief Inspector or, as the case may be, the early years childminder agency in question.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a)(i) or (ii) for registration as an early years childminder with domestic premises—

(a) in the case of an application described in sub-paragraph (1)(a)(i), in the early years register under section 35(1)(a) of the 2006 Act; or

(b) in the case of an application described in sub-paragraph (1)(a)(ii), with the early years childminder agency in question under section 35(1)(b) of the 2006 Act.

3. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a later years childminder—

(a) in Part A of the general childcare register under section 56(1) of the 2006 Act; or

(b) with a later years childminder agency under section 56A(1) of the 2006 Act.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a later years childminder with domestic premises—

(a) in the case of a person whose registration is described in sub-paragraph (1)(a), in Part A of the general childcare register under section 56(1) of the 2006 Act; or

(b) in the case of a person whose registration is described in sub-paragraph (1)(b), with the later years childminder agency under section 56A(1) of the 2006 Act.

4. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as a later years childminder—

(i) in Part A of the general childcare register under section 54(1)(a)( 25 ) of the 2006 Act (applications for registration: later years childminders with domestic premises); or

(ii) with a later years childminder agency under section 54(1)(b) of the 2006 Act; and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector or, as the case may be, the later years childminder agency in question.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a)(i) or (ii) for registration as a later years childminder with domestic premises—

(a) in the case of a person whose application is described in sub-paragraph (1)(a)(i), in Part A of the general childcare register under section 54(1)(a) of the 2006 Act; or

(b) in the case of a person whose application is described in sub-paragraph (1)(a)(ii), with the later years childminder agency in question under section 54(1)(b) of the 2006 Act.

5. —(1) A person comes within this sub-paragraph where immediately before the commencement date the person is registered a later years childminder—

(a) in Part A of the general childcare register under section 57(1) of the 2006 Act; or

(b) with a later years childminder agency under section 57A(2) of the 2006 Act.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a later years childminder with domestic premises—

(a) in the case of a person whose registration is described in sub-paragraph (1)(a), in Part A of the general childcare register under section 57(1)(a)(i) of the 2006 Act; or

(b) in the case of a person whose registration is described in sub-paragraph (1)(b), with the later years childminder agency under section 57A(2)(a)(i) of the 2006 Act.

6. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has given notice for registration as a later years childminder—

(i) to the Chief Inspector under section 57(1) of the 2006 Act for registration in Part A of the general childcare register; or

(ii) to a later years childminder agency under section 57A(2) of the 2006 Act for registration with that later years childminder agency; and

(b) immediately before the commencement date—

(i) the Chief Inspector has not discharged their duty under section 57(1) of the 2006 Act; or, as the case may be,

(ii) the later years childminder agency in question has not discharged its duty under section 57A(2) of the 2006 Act,

in relation to the notice referred to in sub-paragraph (a).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have given the notice referred to in sub-paragraph (1)(a)(i) or (ii) for registration as a later years childminder with domestic premises—

(a) in the case of a person who has given a notice to be registered as described in sub-paragraph (1)(a)(i), in Part A of the general childcare register under section 57(1)(a)(i) of the 2006 Act; or

(b) in the case of a person who has given a notice to be registered as described in sub-paragraph (1)(a)(ii), with the later years childminder agency in question under section 57A(2)(a)(i) of the 2006 Act.

7. —(1) A person comes within this sub-paragraph where immediately before the commencement date the person is registered as a childminder in Part B of the general childcare register under section 64(1) of the 2006 Act.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a childminder with domestic premises in Part B of the general childcare register under section 64(1) of the 2006 Act.

8. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has made an application for registration as a childminder in Part B of the general childcare register under section 62(1)( 26 ) of the 2006 Act (applications for registration on the general register: childminders with domestic premises); and

(b) immediately before the commencement date the application for registration referred to in paragraph (a) remains undetermined by the Chief Inspector.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have made the application referred to in sub-paragraph (1)(a) for registration as a childminder with domestic premises in Part B of the general childcare register under section 62(1) of the 2006 Act.

9. —(1) A person comes within this sub-paragraph where immediately before the commencement date that person is registered as a childminder—

(a) in Part B of the general childcare register under section 65(1) of the 2006 Act; or

(b) with an early years childminder agency or a later years childminder agency under section 65A(2) of the 2006 Act.

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to be registered as a childminder with domestic premises—

(a) in the case of a person whose registration is described in sub-paragraph (1)(a), in Part B of the general childcare register under section 65(1) of the 2006 Act; or

(b) in the case of a person whose registration is described in sub-paragraph (1)(b), with the early years childminder agency or later years childminder agency in question under section 65A(2) of the 2006 Act.

10. —(1) A person comes within this sub-paragraph where—

(a) before the commencement date that person has given notice for registration as a childminder—

(i) to the Chief Inspector under section 65(1) of the 2006 Act for registration in Part B of the general childcare register; or

(ii) to an early years childminder agency or to a later years childminder agency under section 65A(1) of the 2006 Act for registration with that early years childminder agency or later years childminder agency; and

(b) immediately before the commencement date—

(i) the Chief Inspector has not discharged their duty under section 65(1) of the 2006 Act; or, as the case may be,

(ii) the early years or the later years childminder agency in question has not discharged its duty under section 65A(2) of the 2006 Act,

in relation to the notice referred to in sub-paragraph (a).

(2) A person who comes within sub-paragraph (1) is deemed on and after the commencement date to have given the notice referred to in sub-paragraph (1)(a)(i) or (ii) for registration as a childminder with domestic premises—

(a) in the case of a person who has given a notice to be registered as described in sub-paragraph (1)(a)(i), in Part B of the general childcare register under section 65(1) of the 2006 Act; or

(b) in the case of a person who has given a notice to be registered as described in sub-paragraph (1)(a)(ii), with the early years childminder agency or the later years childminder agency in question under section 65A(1) of the 2006 Act.