The Levelling-up and Regeneration Act 2023 (Commencement No. 5 and Transitional Provision) Regulations 2024
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SCHEDULE 2 Transitional provision: persons providing childcare on domestic premises other than childminders
Regulation 3(b) 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. (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) of the 2006 Act; or (b) with an early years childminder agency under section 37A(2) 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) 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) of the 2006 Act (later years childminder agencies: registers and certificates); or (ii) under section 57A(4) 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) 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.
SCHEDULE 2 Transitional provision: persons providing childcare on domestic premises other than childminders
Regulation 3(b) 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. (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) of the 2006 Act; or (b) with an early years childminder agency under section 37A(2) 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) 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) of the 2006 Act (later years childminder agencies: registers and certificates); or (ii) under section 57A(4) 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) 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.
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