UK Act of Parliament 2006 United Kingdom

Childcare Act 2006

An Act to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
Ofsted, Ofqual, CIW
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 19 of 61 obligations carry an unlimited fine. 7 carry different penalties and 35 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person33 Employer2 Director or Officer2

Plus 24 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General functions of local authority: England

6 of 32 sections shown
s.003 Specific duties of local authority in relation to early childhood services (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must coordinate and involve providers in early years servicesLocal authority
s.005 Children's centres: advisory boards Regulated
Other duties (1) — Crown / regulator
  • Local authorities must establish advisory boards for children's centresLocal authority
s.007 Duty to secure early years provision free of charge in accordance with regulations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide free early years childcareLocal authority
s.009 Arrangements between local authority and childcare providers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must ensure childcare providers meet funding requirementsLocal authority
s.013 Duty to provide information, advice and training to childcare providers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide information, advice and training to childcare providersLocal authority
s.013 Unauthorised disclosure of information received under section 13A Imprisonment
  • Unauthorised disclosure of early years provision informationAny Person
26 other sections in this Part — procedural and definitional
s.001 General duties of local authority in relation to well-being of young children (opens in a new tab)
s.002 Meaning of “early childhood services” for purposes of section 3 (opens in a new tab)
s.004 Duty of local authority and relevant partners to work together (opens in a new tab)
s.005 Power to amend sections 2 and 4 (opens in a new tab)
s.005 Arrangements for provision of children's centres
s.005 Children's centres: staffing, organisation and operation
s.005 Children's centres: consultation
s.005 Duty to consider providing services through a children's centre
s.005 Children's centres: transitional provision
s.005 Children's centres: interpretation
s.006 Duty to secure sufficient childcare for working parents (opens in a new tab)
s.007 Discharge of duty under section 7
s.008 Powers of local authority in relation to the provision of childcare (opens in a new tab)
s.009 Arrangements made by local authorities for the purposes of section 7
s.010 Charges where local authority provide childcare (opens in a new tab)
s.011 Duty to assess childcare provision (opens in a new tab)
s.012 Duty to provide information, advice and assistance (opens in a new tab)
s.013 Supply of information: free of charge early years provision
s.014 Inspection (opens in a new tab)
s.015 Powers of Secretary of State to secure proper performance etc. (opens in a new tab)
s.016 Amendments of Children Act 2004 (opens in a new tab)
s.017 Charges for early years provision at maintained school (opens in a new tab)
s.018 Meaning of childcare (opens in a new tab)
s.019 Meaning of “young child” (opens in a new tab)
s.020 Meaning of “early years provision” (opens in a new tab)
s.021 Interpretation of Part 1 (opens in a new tab)
Part 2

General Functions of Local Authority: Wales

1 of 9 sections shown
s.024 Arrangements between local authority and childcare providers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must ensure funded childcare providers meet requirementsLocal authority
8 other sections in this Part — procedural and definitional
s.022 Duty to secure sufficient childcare for working parents (opens in a new tab)
s.023 Powers of local authority in relation to the provision of childcare (opens in a new tab)
s.025 Charges where local authority provide childcare (opens in a new tab)
s.026 Power to require local authority to assess childcare provision (opens in a new tab)
s.027 Duty to provide information, advice and assistance (opens in a new tab)
s.028 Inspection (opens in a new tab)
s.029 Powers of intervention of Welsh Ministers etc. (opens in a new tab)
s.030 Interpretation of Part 2 (opens in a new tab)
Part 3

Regulation of Provision of Childcare in England

52 of 96 sections shown
s.032 Maintenance of the two childcare registers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must maintain registers for early years and general childcareStatutory regulator
s.033 Requirement to register: early years childminders with domestic premises (opens in a new tab) Prosecution
  • Provide childminding without registration while under enforcement noticeAny Person

Unlimited fine

s.034 Requirement to register: other early years providers (opens in a new tab) Prosecution
  • Provide unregistered early years provisionAny Person

Unlimited fine

s.036 Applications for registration: other early years providers (opens in a new tab) Regulated
  • Apply for registration as an early years provider or childminder without domestic premisesAny Person
s.037 Entry on the register and certificates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must register approved childcare providers and issue certificatesStatutory regulator
s.037 Early years childminder agencies: registers and certificates Regulated
  • Register providers and issue certificates of registrationAny Person
s.038 Conditions on registration (opens in a new tab) Prosecution
  • Fail to comply with imposed registration conditionAny Person

Unlimited fine

s.039 The Early Years Foundation Stage (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must establish the Early Years Foundation StageCrown / Minister / Government department
s.040 Duty to implement Early Years Foundation Stage (opens in a new tab) Regulated
  • Implement the Early Years Foundation Stage (EYFS)Employer
s.042 Further provisions about assessment arrangements (opens in a new tab) Regulated
  • Allow inspectors to enter premises and monitor assessmentsEmployer
s.043 Welfare requirements (opens in a new tab) Prosecution
  • Failure to comply with childcare welfare requirementsAny Person

Unlimited fine

s.050 Report of inspections (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must inspect and provide a written report to the registered personStatutory regulator
s.051 Entry on the register and certificates Regulated
Other duties (1) — Crown / regulator
  • Ofsted must register childminder agencies and issue certificatesStatutory regulator
s.051 Conditions on registration Prosecution
  • Fail to comply with imposed registration conditionsAny Person

Unlimited fine

s.051 Reports of inspections Regulated
Other duties (1) — Crown / regulator
  • Ofsted must report on childminder agency inspections and share findingsStatutory regulator
s.051 False representations Prosecution
  • Falsely claim to be an early years childminder agencyAny Person

Unlimited fine

s.052 Requirement to register: later years childminders for children under eight with domestic premises (opens in a new tab) Prosecution
  • Provide unregistered later years childminding while under enforcement noticeAny Person

Unlimited fine

s.053 Requirement to register: other later years providers for children under eight (opens in a new tab) Prosecution
  • Provide unregistered later years childcare for under‑8sAny Person

Unlimited fine

s.054 Applications for registration: later years childminders with domestic premises (opens in a new tab) Regulated
  • Register as a later years childminder with domestic premisesAny Person
s.055 Applications for registration: other later years providers (opens in a new tab) Regulated
  • Apply for registration as a later years provider with Ofsted or a childminder agencyAny Person
s.056 Entry on the register and certificates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must register approved providers and issue certificatesStatutory regulator
s.056 Later years childminder agencies: registers and certificates Regulated
  • Later years childminder agencies must register providers and issue certificatesAny Person
s.057 Special procedure for providers registered in the early years register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must automatically register early years providers for older childrenStatutory regulator
s.057 Special procedure for providers registered with early years childminder agencies Regulated
  • Agencies must register later years childminders and give certificate on notificationAny Person
s.058 Conditions on registration (opens in a new tab) Prosecution
  • Fail to comply with registration conditions for later years providerAny Person

Unlimited fine

s.059 Regulations governing activities (opens in a new tab) Prosecution
  • Breach childcare activity or safety regulationsAny Person

Unlimited fine

s.060 Inspections (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must inspect registered childcare providers as requiredStatutory regulator
s.061 Report of inspections (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must provide and publish inspection reports for later years provisionStatutory regulator
s.061 Entry on the register and certificates Regulated
Other duties (1) — Crown / regulator
  • Ofsted must issue registration certificates for childminder agenciesStatutory regulator
s.061 Special procedure for registered early years childminder agencies Regulated
Other duties (1) — Crown / regulator
  • Ofsted must register childcare agencies for older children upon requestStatutory regulator
s.061 Conditions on registration Prosecution
  • Fail to comply with registration conditionAny Person

Unlimited fine

s.061 Reports of inspections Regulated
Other duties (1) — Crown / regulator
  • Ofsted must inspect and report on childminder agenciesStatutory regulator
s.061 False representations Prosecution
  • Falsely claim to be a later years childminder agencyAny Person

Unlimited fine

s.064 Entry on the register and certificates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must register approved childcare providers and issue certificatesStatutory regulator
s.065 Special procedure for persons already registered in a childcare register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted must register childcare providers already on other registers upon noticeStatutory regulator
s.065 Procedure for persons already registered with a childminder agency Regulated
  • Register existing childminders on request and issue certificateAny Person
s.066 Conditions on registration (opens in a new tab) Prosecution
  • Fail to comply with registration conditionAny Person

Unlimited fine

s.069 Suspension of registration in a childcare register: early years and later years providers (opens in a new tab) Prosecution
  • Provide child care while registration is suspendedAny Person

Unlimited fine

s.069 Cancellation, termination and suspension of registration with a childminder agency Prosecution
  • Unlawful activity while childcare registration is suspendedAny Person

Unlimited fine

s.069 Suspension of registration: childminder agencies Prosecution
  • Operate a childminder agency while registration is suspendedAny Person

Unlimited fine

s.070 Voluntary removal from a childcare register: early years and later years providers (opens in a new tab) Regulated
  • Request voluntary removal from a childcare registerAny Person
s.070 Voluntary removal from a childcare register: childminder agencies Regulated
Other duties (1) — Crown / regulator
  • Ofsted must remove a childminder agency from the register upon requestStatutory regulator
s.076 Consequences of disqualification : early years and later years providers (opens in a new tab) Imprisonment
  • Operate childcare services while disqualifiedAny Person
s.076 Consequences of disqualification: childminder agencies Imprisonment
  • Employ or involve a disqualified person in a childminder agencyAny Person
s.077 Chief Inspector's powers of entry: early years provision and later years provision (opens in a new tab) Prosecution
  • Obstruct a childcare inspectorAny Person

Fine up to £2,500

s.078 Chief Inspector's powers of entry: childminder agencies Prosecution
  • Obstruct a childminder agency inspectionAny Person

Fine up to £2,500

s.083 Supply of information to the Secretary of State, HMRC and local authorities by childminder agencies Regulated
  • Provide prescribed information to government bodies when registering childmindersAny Person
s.085 Offence of making false or misleading statement (opens in a new tab) Prosecution
  • Submit false or misleading statement in registration applicationAny Person

Unlimited fine

s.085 Offence of providing provision other than on approved premises Prosecution
  • Providing childcare on unapproved premisesAny Person

Unlimited fine

s.087 Offences by bodies corporate and partnerships (opens in a new tab) Regulated
  • Corporate or partnership liability for childcare offencesDirector or Officer
s.088 Unincorporated associations (opens in a new tab) Prosecution
  • Offences by unincorporated associations and their officersDirector or Officer

Unlimited fine

s.091 Co-operation between authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must help Ofsted with childcare functions upon requestLocal authority
44 other sections in this Part — procedural and definitional
s.031 General functions of the Chief Inspector (opens in a new tab)
s.035 Applications for registration: early years childminders with domestic premises (opens in a new tab)
s.041 The learning and development requirements (opens in a new tab)
s.044 Instruments specifying learning and development or welfare requirements (opens in a new tab)
s.045 Procedure for making certain orders (opens in a new tab)
s.046 Power to enable exemptions to be conferred (opens in a new tab)
s.047 Independent schools (opens in a new tab)
s.048 Amendments relating to curriculum (opens in a new tab)
s.049 Inspections (opens in a new tab)
s.051 Interpretation of Chapter 2 (opens in a new tab)
s.051 Applications for registration
s.051 Inspections of early years childminder agencies
s.061 Applications for registration
s.061 Inspections of later years childminder agencies
s.062 Applications for registration on the general register: childminders with domestic premises (opens in a new tab)
s.063 Applications for registration on the general register: other childcare providers (opens in a new tab)
s.067 Regulations governing activities (opens in a new tab)
s.068 Cancellation of registration in a childcare register: early years and later years providers (opens in a new tab)
s.069 Cancellation of registration: childminder agencies
s.071 Termination of voluntary registration in Part B of the general childcare register on expiry of prescribed period (opens in a new tab)
s.072 Protection of children in an emergency (opens in a new tab)
s.073 Procedure for taking certain steps (opens in a new tab)
s.074 Appeals relating to registration in a childcare register (opens in a new tab)
s.075 Disqualification from registration : early years and later years providers (opens in a new tab)
s.076 Disqualification from registration: childminder agencies
s.078 Powers of entry under section 77: requirement for consent (opens in a new tab)
s.078 Powers of entry under section 78A: requirement for consent
s.079 Power of constable to assist in exercise of powers of entry (opens in a new tab)
s.080 Combined reports (opens in a new tab)
s.081 Information to be included in annual reports (opens in a new tab)
s.082 Supply of information to Chief Inspector (opens in a new tab)
s.083 Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector (opens in a new tab)
s.084 Disclosure of information for certain purposes : the Chief Inspector (opens in a new tab)
s.084 Disclosure of information for certain purposes: childminder agencies
s.086 Time limit for proceedings (opens in a new tab)
s.089 Fees (opens in a new tab)
s.090 Cases where consent to disclosure withheld (opens in a new tab)
s.092 Combined certificates of registration (opens in a new tab)
s.093 Notices (opens in a new tab)
s.094 Power to amend Part 3: applications in respect of multiple premises (opens in a new tab)
s.095 Certain institutions not to be regarded as schools (opens in a new tab)
s.096 Meaning of early years and later years provision etc. (opens in a new tab)
s.097 Employees not to be regarded as providing childcare (opens in a new tab)
s.098 Interpretation of Part 3 (opens in a new tab)
Part 3

Inspection of children's centres

2 of 7 sections shown
s.098 Reports Regulated
Other duties (1) — Crown / regulator
  • Ofsted must produce and distribute inspection reports for children's centresStatutory regulator
s.098 Obstruction of power of entry, etc. Prosecution
  • Obstruct a childcare inspector's entryAny Person

Fine up to £2,500

5 other sections in this Part — procedural and definitional
s.098 Inspections
s.098 Action to be taken by local authority on receiving report
s.098 Inspections of children's centres: powers of entry
s.098 Power of constable to assist in exercise of power of entry
s.098 Inspection of children's centres: interpretation
Part 4

Miscellaneous and General

7 of 13 sections shown
s.100 Provision of information about young children: transitory provision (opens in a new tab)

amended 2 times (opens in a new tab)

s.101 Provision of information about children: Wales (opens in a new tab)

amended 4 times (opens in a new tab)

s.102 Disqualification for registration under Children Act 1989 (opens in a new tab)

amended 2 times (opens in a new tab)

s.103 Minor and consequential amendments and repeals (opens in a new tab)

amended 10 times (opens in a new tab)

s.105 Subordinate legislation: parliamentary control (opens in a new tab)

amended 1 time (opens in a new tab)

s.106 General interpretation etc. (opens in a new tab)

amended 2 times (opens in a new tab)

s.110 The appropriate authority by whom commencement order is made (opens in a new tab)

amended 1 time (opens in a new tab)

6 other sections in this Part — procedural and definitional
s.099 Provision of information about young children: England (opens in a new tab)
s.104 Subordinate legislation: general provisions (opens in a new tab)
s.107 Financial provisions (opens in a new tab)
s.108 Isles of Scilly (opens in a new tab)
s.109 Commencement (opens in a new tab)
s.111 Short title and extent (opens in a new tab)
Schedules

Schedules

0 of 62 shown
62 other schedules
s.sch001 Amendments relating to the curriculum (opens in a new tab)
s.sch001 In this Schedule “the 2002 Act” means the Education Act...
s.sch001 (1) Section 87 of the 2002 Act (establishment of National...
s.sch001 Omit section 89 of the 2002 Act (implementation in respect...
s.sch001 (1) Section 90 of the 2002 Act (development work and...
s.sch001 In section 93 of the 2002 Act (temporary exceptions for...
s.sch001 In section 94 of the 2002 Act (information concerning directions...
s.sch001 In section 96 of the 2002 Act (procedure for making...
s.sch001 In section 210 of the 2002 Act (orders and regulations)—...
s.sch001 (1) Section 23 of the Education Act 1997 (functions of...
s.sch001 (1) Section 76 of the 2002 Act (interpretation of Part...
s.sch001 Omit section 77 of the 2002 Act (meaning of “nursery...
s.sch001 In section 78 of the 2002 Act (general requirements in...
s.sch001 (1) Section 79 of the 2002 Act (duty to implement...
s.sch001 (1) Section 80 of the 2002 Act (basic curriculum for...
s.sch001 Omit section 81 of the 2002 Act (the foundation stage)....
s.sch001 Omit section 83 of the 2002 Act (curriculum requirements for...
s.sch002 Minor and consequential amendments (opens in a new tab)
s.sch002 In Schedule 1 to the Local Authority Social Services Act...
s.sch002 In section 79H of the Children Act 1989 (suspension of...
s.sch002 In section 79K of the Children Act 1989 (protection of...
s.sch002 Omit sections 79N, 79Q and 79R of the Children Act...
s.sch002 In section 79S of the Children Act 1989 (general functions...
s.sch002 In section 79U of the Children Act 1989 (rights of...
s.sch002 In section 79V of the Children Act 1989 (function of...
s.sch002 In section 79W of the Children Act 1989 (requirement for...
s.sch002 In section 105 of the Children Act 1989 (interpretation) in...
s.sch002 (1) Schedule 9A to the Children Act 1989 (child minding...
s.sch002 In Schedule 4A to the Water Industry Act 1991 (premises...
s.sch002 In section 65 of the Magistrates' Courts Act 1980 (meaning...
s.sch002 In the heading to section 17 of the Education Act...
s.sch002 In section 318 of the Education Act 1996 (provision of...
s.sch002 (1) Section 329A of the Education Act 1996 (review or...
s.sch002 In section 509A of the Education Act 1996 (travel arrangements...
s.sch002 In section 512 of the Education Act 1996 (LEA functions...
s.sch002 (1) Section 515 of the Education Act 1996 (provision of...
s.sch002 (1) Section 535 of the Education Act 1996 (provision of...
s.sch002 (1) Section 548 of the Education Act 1996 (no right...
s.sch002 In section 38 of the Education Act 1997 (inspection of...
s.sch002 In section 113F of the Police Act 1997 (criminal record...
s.sch002 In Schedule 1 to the Supreme Court Act 1981 (distribution...
s.sch002 In section 118 of the School Standards and Framework Act...
s.sch002 Section 118A of the School Standards and Framework Act 1998...
s.sch002 (1) Section 119 of the School Standards and Framework Act...
s.sch002 (1) Section 122 of the School Standards and Framework Act...
s.sch002 In section 123 of the School Standards and Framework Act...
s.sch002 In section 142 of the School Standards and Framework Act...
s.sch002 (1) Schedule 26 to the School Standards and Framework Act...
s.sch002 In section 2A of the Protection of Children Act 1999...
s.sch002 In section 9 of the Protection of Children Act 1999...
s.sch002 In section 36 of the Criminal Justice and Court Services...
s.sch002 In section 42 of the Criminal Justice and Court Services...
s.sch002 In section 153 of the Education Act 2002 (powers of...
s.sch002 In section 176 of the Education Act 2002 (consultation with...
s.sch002 In section 12 of the Children Act 2004 (information databases)...
s.sch002 In section 59(1) of the Education Act 2005 (combined reports)—...
s.sch002 In the heading of Part 10A of the Children Act...
s.sch002 In Part 10A of the Children Act 1989 (including Schedule...
s.sch002 In section 79B of the Children Act 1989 (other definitions...
s.sch002 In section 79C of the Children Act 1989 (regulations etc....
s.sch002 In section 79D of the Children Act 1989 (requirement to...
s.sch003 Repeals (opens in a new tab)

Help complying

Guvnor’s practical routes through this instrument.

Running a childcare setting

Ongoing compliance for childcare providers covering inspections, safeguarding, SEND, food safety, and staff management

Start a childcare business

Launch a childcare business with Ofsted registration, safeguarding, and EYFS compliance

Childcare Ofsted compliance quick check

Rapid compliance audit for Ofsted-registered childcare providers

Handling a safeguarding concern in your childcare setting

Step-by-step guidance for childcare providers responding to a safeguarding concern about a child or staff member

Childcare funding entitlements quick reference

Quick reference for government childcare funding entitlements and claiming process

Responding to an Ofsted inspection concern or inadequate rating

What to do if your childcare setting receives Requires Improvement or Inadequate from Ofsted

Childcare Funding Entitlements: A Guide for Providers

How government childcare funding works for providers, covering the universal and targeted 15-hour entitlements, the 30-hour working-parent entitlement from 9 months, Tax-Free …

Comply with the EYFS Statutory Framework

How to implement the Early Years Foundation Stage (EYFS) framework in your childcare setting. Covers safeguarding, staff ratios, qualifications, learning areas, assessment, …

Food Safety for Childcare Providers

Food safety and nutrition requirements for childcare settings, including food business registration, allergen management, HACCP systems, and Ofsted nutrition expectations.

Insurance for Childcare Businesses

Insurance requirements and options for childcare providers including public liability, employer's liability, professional indemnity, and vehicle insurance for outings.

Nannies and Au Pairs: Regulations and Employment

Legal requirements, Ofsted registration rules, and employment obligations for nannies and au pairs. Covers when registration is required, voluntary registration benefits, DBS …

Outdoor Learning and Forest School in Early Years

Requirements for outdoor learning and forest school provision in early years settings, including risk assessment, insurance, qualifications, and health and safety compliance.

Premises and Fire Safety for Childcare Settings

Premises requirements and fire safety for childcare providers including EYFS space standards, fire risk assessment, fire drills, evacuation procedures, and daily safety …

Prepare for an Ofsted Inspection

How to prepare for an Ofsted inspection of your childcare setting. Covers what inspectors look for under Ofsted's renewed inspection framework, self-evaluation, …
11 more guides that reference this instrument
Record-Keeping and Data Protection for Childcare Providers Register Holiday Clubs and Out-of-School Care Register as a Childminder in England Safeguarding and Child Protection for Childcare Providers Safer Recruitment for Childcare Settings Start and Register a Childcare Business Support Children with SEND in Early Years Settings Childcare Ofsted Compliance Checklist Professional registrations: regulated sectors Run a school, training or instruction business Which education and childcare rules apply to your business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.