Citation and interpretation

regulation 1 + 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—

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

term the 2006 act + “the 2006 Act” means the Childcare Act 2006(2);

term the commencement date + “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—

regulation 1 3 a + (a)“the Chief Inspector”(3);

regulation 1 3 b + (b)“childcare”;

regulation 1 3 c + (c)“childminder agency”(4);

regulation 1 3 d + (d)“domestic premises”;

regulation 1 3 e + (e)“early years childminder”;

regulation 1 3 f + (f)“early years childminder agency(5)”;

regulation 1 3 g + (g)“early years childminding”;

regulation 1 3 h + (h)“early years provider”;

regulation 1 3 i + (i)“early years provision”;

regulation 1 3 j + (j)“later years childminder”;

regulation 1 3 k + (k)“later years childminder agency(6)”;

regulation 1 3 l + (l)“later years childminding”;

regulation 1 3 m + (m)“later years provider”;

regulation 1 3 n + (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—

regulation 1 4 a + (a)“the early years register”;

regulation 1 4 b + (b)“Part A of the general childcare register”;

regulation 1 4 c + (c)“Part B of the general childcare register”.

Provisions coming into force on the commencement date

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

regulation 2 a + (a)section 237 (childcare: use of non-domestic premises) and Schedule 23 (use of non-domestic premises for childcare: registration); and

regulation 2 b + (b)section 238 (childcare: number of providers).

Schedules – transitional provision

regulation 3 + 3.  The following Schedules to these Regulations have effect—

regulation 3 a + (a)Schedule 1 (transitional provision: persons who may only provide childcare on non-domestic premises other than childminders without domestic premises);

regulation 3 b + (b)Schedule 2 (transitional provision: persons providing childcare on domestic premises other than childminders); and

regulation 3 c + (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

regulation 4 + 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

schedule 1 paragraph 1 + 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.

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

schedule 1 paragraph 2 1 a + (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

schedule 1 paragraph 2 1 b + (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.

schedule 1 paragraph 3 + 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.

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

schedule 1 paragraph 4 1 a + (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

schedule 1 paragraph 4 1 b + (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.

schedule 1 paragraph 5 + 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.

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

schedule 1 paragraph 6 1 a + (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

schedule 1 paragraph 6 1 b + (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.

schedule 1 paragraph 7 + 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—

schedule 1 paragraph 7 1 a + (a)early years provision; or

schedule 1 paragraph 7 1 b + (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—

schedule 1 paragraph 7 2 a + (a)early years provision; or

schedule 1 paragraph 7 2 b + (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.

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

schedule 1 paragraph 8 1 a + (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—

schedule 1 paragraph 8 1 a i + (i)early years provision; or

schedule 1 paragraph 8 1 a ii + (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

schedule 1 paragraph 8 1 b + (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—

schedule 1 paragraph 8 2 a + (a)early years provision; or

schedule 1 paragraph 8 2 b + (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.

schedule 1 paragraph 9 + 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—

schedule 1 paragraph 9 1 a + (a)early years provision; or

schedule 1 paragraph 9 1 b + (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—

schedule 1 paragraph 9 2 a + (a)early years provision; or

schedule 1 paragraph 9 2 b + (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.

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

schedule 1 paragraph 10 1 a + (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—

schedule 1 paragraph 10 1 a i + (i)early years provision; or

schedule 1 paragraph 10 1 a ii + (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

schedule 1 paragraph 10 1 b + (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—

schedule 1 paragraph 10 2 a + (a)early years provision; or

schedule 1 paragraph 10 2 b + (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.