The Levelling-up and Regeneration Act 2023 (Commencement No. 5 and Transitional Provision) Regulations 2024
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SCHEDULE 3 Transitional Provision: childminders with domestic premises
Regulation 3(c) 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) 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) 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.
SCHEDULE 3 Transitional Provision: childminders with domestic premises
Regulation 3(c) 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) 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) 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.
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