Running a childcare setting
- 2 steps
UK Act of Parliament
2006
United Kingdom
Childcare Act 2006
At a glance
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 33
- Employer 2
- Director or Officer 2
Plus 24 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
15 guidesChildcare Funding Entitlements: A Guide for Providers
Comply with the EYFS Statutory Framework
Food Safety for Childcare Providers
Insurance for Childcare Businesses
Nannies and Au Pairs: Regulations and Employment
Outdoor Learning and Forest School in Early Years
Premises and Fire Safety for Childcare Settings
Prepare for an Ofsted Inspection
Supporting — topic alignment
4 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General functions of local authority: England
Specific duties of local authority in relation to early childhood services
Other duties (1) — Crown / regulator
- Local authorities must coordinate and involve providers in early years services Local authority
Children's centres: advisory boards
Other duties (1) — Crown / regulator
- Local authorities must establish advisory boards for children's centres Local authority
Duty to secure early years provision free of charge in accordance with regulations
Other duties (1) — Crown / regulator
- Local authorities must provide free early years childcare Local authority
Arrangements between local authority and childcare providers
Other duties (1) — Crown / regulator
- Local authorities must ensure childcare providers meet funding requirements Local authority
Duty to provide information, advice and training to childcare providers
Other duties (1) — Crown / regulator
- Local authorities must provide information, advice and training to childcare providers Local authority
Unauthorised disclosure of information received under section 13A
2 years imprisonment- Unauthorised disclosure of early years provision information Any Person
Browse 26 other sections in this Part — procedural / definitional / commencement
General duties of local authority in relation to well-being of young children
Meaning of “early childhood services” for purposes of section 3
Duty of local authority and relevant partners to work together
Power to amend sections 2 and 4
Arrangements for provision of children's centres
Children's centres: staffing, organisation and operation
Children's centres: consultation
Duty to consider providing services through a children's centre
Children's centres: transitional provision
Children's centres: interpretation
Duty to secure sufficient childcare for working parents
Discharge of duty under section 7
Powers of local authority in relation to the provision of childcare
Arrangements made by local authorities for the purposes of section 7
Charges where local authority provide childcare
Duty to assess childcare provision
Duty to provide information, advice and assistance
Supply of information: free of charge early years provision
Inspection
Powers of Secretary of State to secure proper performance etc.
Amendments of Children Act 2004
Charges for early years provision at maintained school
Meaning of childcare
Meaning of “young child”
Meaning of “early years provision”
Interpretation of Part 1
Part 2 — General Functions of Local Authority: Wales
Arrangements between local authority and childcare providers
Other duties (1) — Crown / regulator
- Local authorities must ensure funded childcare providers meet requirements Local authority
Browse 8 other sections in this Part — procedural / definitional / commencement
Duty to secure sufficient childcare for working parents
Powers of local authority in relation to the provision of childcare
Charges where local authority provide childcare
Power to require local authority to assess childcare provision
Duty to provide information, advice and assistance
Inspection
Powers of intervention of Welsh Ministers etc.
Interpretation of Part 2
Part 3 — Regulation of Provision of Childcare in England
Maintenance of the two childcare registers
Other duties (1) — Crown / regulator
- Ofsted must maintain registers for early years and general childcare Statutory regulator
Requirement to register: early years childminders with domestic premises
Unlimited fine- Provide childminding without registration while under enforcement notice Any Person
Requirement to register: other early years providers
Unlimited fine- Provide unregistered early years provision Any Person
Applications for registration: other early years providers
- Apply for registration as an early years provider or childminder without domestic premises Any Person
Entry on the register and certificates
Other duties (1) — Crown / regulator
- Ofsted must register approved childcare providers and issue certificates Statutory regulator
Early years childminder agencies: registers and certificates
- Register providers and issue certificates of registration Any Person
Conditions on registration
Unlimited fine- Fail to comply with imposed registration condition Any Person
The Early Years Foundation Stage
Other duties (1) — Crown / regulator
- Secretary of State must establish the Early Years Foundation Stage Crown / Minister / Government department
Duty to implement Early Years Foundation Stage
- Implement the Early Years Foundation Stage (EYFS) Employer
Further provisions about assessment arrangements
- Allow inspectors to enter premises and monitor assessments Employer
Welfare requirements
Unlimited fine- Failure to comply with childcare welfare requirements Any Person
Report of inspections
Other duties (1) — Crown / regulator
- Ofsted must inspect and provide a written report to the registered person Statutory regulator
Entry on the register and certificates
Other duties (1) — Crown / regulator
- Ofsted must register childminder agencies and issue certificates Statutory regulator
Conditions on registration
Unlimited fine- Fail to comply with imposed registration conditions Any Person
Reports of inspections
Other duties (1) — Crown / regulator
- Ofsted must report on childminder agency inspections and share findings Statutory regulator
False representations
Unlimited fine- Falsely claim to be an early years childminder agency Any Person
Requirement to register: later years childminders for children under eight with domestic premises
Unlimited fine- Provide unregistered later years childminding while under enforcement notice Any Person
Requirement to register: other later years providers for children under eight
Unlimited fine- Provide unregistered later years childcare for under‑8s Any Person
Applications for registration: later years childminders with domestic premises
- Register as a later years childminder with domestic premises Any Person
Applications for registration: other later years providers
- Apply for registration as a later years provider with Ofsted or a childminder agency Any Person
Entry on the register and certificates
Other duties (1) — Crown / regulator
- Ofsted must register approved providers and issue certificates Statutory regulator
Later years childminder agencies: registers and certificates
- Later years childminder agencies must register providers and issue certificates Any Person
Special procedure for providers registered in the early years register
Other duties (1) — Crown / regulator
- Ofsted must automatically register early years providers for older children Statutory regulator
Special procedure for providers registered with early years childminder agencies
- Agencies must register later years childminders and give certificate on notification Any Person
Conditions on registration
Unlimited fine- Fail to comply with registration conditions for later years provider Any Person
Regulations governing activities
Unlimited fine- Breach childcare activity or safety regulations Any Person
Inspections
Other duties (1) — Crown / regulator
- Ofsted must inspect registered childcare providers as required Statutory regulator
Report of inspections
Other duties (1) — Crown / regulator
- Ofsted must provide and publish inspection reports for later years provision Statutory regulator
Entry on the register and certificates
Other duties (1) — Crown / regulator
- Ofsted must issue registration certificates for childminder agencies Statutory regulator
Special procedure for registered early years childminder agencies
Other duties (1) — Crown / regulator
- Ofsted must register childcare agencies for older children upon request Statutory regulator
Conditions on registration
Unlimited fine- Fail to comply with registration condition Any Person
Reports of inspections
Other duties (1) — Crown / regulator
- Ofsted must inspect and report on childminder agencies Statutory regulator
False representations
Unlimited fine- Falsely claim to be a later years childminder agency Any Person
Entry on the register and certificates
Other duties (1) — Crown / regulator
- Ofsted must register approved childcare providers and issue certificates Statutory regulator
Special procedure for persons already registered in a childcare register
Other duties (1) — Crown / regulator
- Ofsted must register childcare providers already on other registers upon notice Statutory regulator
Procedure for persons already registered with a childminder agency
- Register existing childminders on request and issue certificate Any Person
Conditions on registration
Unlimited fine- Fail to comply with registration condition Any Person
Suspension of registration in a childcare register: early years and later years providers
Unlimited fine- Provide child care while registration is suspended Any Person
Cancellation, termination and suspension of registration with a childminder agency
Unlimited fine- Unlawful activity while childcare registration is suspended Any Person
Suspension of registration: childminder agencies
Unlimited fine- Operate a childminder agency while registration is suspended Any Person
Voluntary removal from a childcare register: early years and later years providers
- Request voluntary removal from a childcare register Any Person
Voluntary removal from a childcare register: childminder agencies
Other duties (1) — Crown / regulator
- Ofsted must remove a childminder agency from the register upon request Statutory regulator
Consequences of disqualification : early years and later years providers
51 weeks imprisonment- Operate childcare services while disqualified Any Person
Consequences of disqualification: childminder agencies
51 weeks imprisonment- Employ or involve a disqualified person in a childminder agency Any Person
Chief Inspector's powers of entry: early years provision and later years provision
Fine up to £2,500- Obstruct a childcare inspector Any Person
Chief Inspector's powers of entry: childminder agencies
Fine up to £2,500- Obstruct a childminder agency inspection Any Person
Supply of information to the Secretary of State, HMRC and local authorities by childminder agencies
- Provide prescribed information to government bodies when registering childminders Any Person
Offence of making false or misleading statement
Unlimited fine- Submit false or misleading statement in registration application Any Person
Offence of providing provision other than on approved premises
Unlimited fine- Providing childcare on unapproved premises Any Person
Offences by bodies corporate and partnerships
- Corporate or partnership liability for childcare offences Director or Officer
Unincorporated associations
Unlimited fine- Offences by unincorporated associations and their officers Director or Officer
Co-operation between authorities
Other duties (1) — Crown / regulator
- Local authorities must help Ofsted with childcare functions upon request Local authority
Browse 44 other sections in this Part — procedural / definitional / commencement
General functions of the Chief Inspector
Applications for registration: early years childminders with domestic premises
The learning and development requirements
Instruments specifying learning and development or welfare requirements
Procedure for making certain orders
Power to enable exemptions to be conferred
Independent schools
Amendments relating to curriculum
Inspections
Interpretation of Chapter 2
Applications for registration
Inspections of early years childminder agencies
Applications for registration
Inspections of later years childminder agencies
Applications for registration on the general register: childminders with domestic premises
Applications for registration on the general register: other childcare providers
Regulations governing activities
Cancellation of registration in a childcare register: early years and later years providers
Cancellation of registration: childminder agencies
Termination of voluntary registration in Part B of the general childcare register on expiry of prescribed period
Protection of children in an emergency
Procedure for taking certain steps
Appeals relating to registration in a childcare register
Disqualification from registration : early years and later years providers
Disqualification from registration: childminder agencies
Powers of entry under section 77: requirement for consent
Powers of entry under section 78A: requirement for consent
Power of constable to assist in exercise of powers of entry
Combined reports
Information to be included in annual reports
Supply of information to Chief Inspector
Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector
Disclosure of information for certain purposes : the Chief Inspector
Disclosure of information for certain purposes: childminder agencies
Time limit for proceedings
Fees
Cases where consent to disclosure withheld
Combined certificates of registration
Notices
Power to amend Part 3: applications in respect of multiple premises
Certain institutions not to be regarded as schools
Meaning of early years and later years provision etc.
Employees not to be regarded as providing childcare
Interpretation of Part 3
Part 3A — Inspection of children's centres
Reports
Other duties (1) — Crown / regulator
- Ofsted must produce and distribute inspection reports for children's centres Statutory regulator
Obstruction of power of entry, etc.
Fine up to £2,500- Obstruct a childcare inspector's entry Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement
Inspections
Action to be taken by local authority on receiving report
Inspections of children's centres: powers of entry
Power of constable to assist in exercise of power of entry
Inspection of children's centres: interpretation
Part 4 — Miscellaneous and General
Provision of information about young children: transitory provision
Amended 2 timesProvision of information about children: Wales
Amended 4 timesDisqualification for registration under Children Act 1989
Amended 2 timesMinor and consequential amendments and repeals
Amended 10 timesSubordinate legislation: parliamentary control
Amended 1 timeGeneral interpretation etc.
Amended 2 timesThe appropriate authority by whom commencement order is made
Amended 1 timeBrowse 6 other sections in this Part — procedural / definitional / commencement
Schedules
Browse 62 other Schedules — structural / supplementary
Amendments relating to the curriculum
In this Schedule “the 2002 Act” means the Education Act...
(1) Section 87 of the 2002 Act (establishment of National...
Omit section 89 of the 2002 Act (implementation in respect...
(1) Section 90 of the 2002 Act (development work and...
In section 93 of the 2002 Act (temporary exceptions for...
In section 94 of the 2002 Act (information concerning directions...
In section 96 of the 2002 Act (procedure for making...
In section 210 of the 2002 Act (orders and regulations)—...
(1) Section 23 of the Education Act 1997 (functions of...
(1) Section 76 of the 2002 Act (interpretation of Part...
Omit section 77 of the 2002 Act (meaning of “nursery...
In section 78 of the 2002 Act (general requirements in...
(1) Section 79 of the 2002 Act (duty to implement...
(1) Section 80 of the 2002 Act (basic curriculum for...
Omit section 81 of the 2002 Act (the foundation stage)....
Omit section 83 of the 2002 Act (curriculum requirements for...
Minor and consequential amendments
In Schedule 1 to the Local Authority Social Services Act...
In section 79H of the Children Act 1989 (suspension of...
In section 79K of the Children Act 1989 (protection of...
Omit sections 79N, 79Q and 79R of the Children Act...
In section 79S of the Children Act 1989 (general functions...
In section 79U of the Children Act 1989 (rights of...
In section 79V of the Children Act 1989 (function of...
In section 79W of the Children Act 1989 (requirement for...
In section 105 of the Children Act 1989 (interpretation) in...
(1) Schedule 9A to the Children Act 1989 (child minding...
In Schedule 4A to the Water Industry Act 1991 (premises...
In section 65 of the Magistrates' Courts Act 1980 (meaning...
In the heading to section 17 of the Education Act...
In section 318 of the Education Act 1996 (provision of...
(1) Section 329A of the Education Act 1996 (review or...
In section 509A of the Education Act 1996 (travel arrangements...
In section 512 of the Education Act 1996 (LEA functions...
(1) Section 515 of the Education Act 1996 (provision of...
(1) Section 535 of the Education Act 1996 (provision of...
(1) Section 548 of the Education Act 1996 (no right...
In section 38 of the Education Act 1997 (inspection of...
In section 113F of the Police Act 1997 (criminal record...
In Schedule 1 to the Supreme Court Act 1981 (distribution...
In section 118 of the School Standards and Framework Act...
Section 118A of the School Standards and Framework Act 1998...
(1) Section 119 of the School Standards and Framework Act...
(1) Section 122 of the School Standards and Framework Act...
In section 123 of the School Standards and Framework Act...
In section 142 of the School Standards and Framework Act...
(1) Schedule 26 to the School Standards and Framework Act...
In section 2A of the Protection of Children Act 1999...
In section 9 of the Protection of Children Act 1999...
In section 36 of the Criminal Justice and Court Services...
In section 42 of the Criminal Justice and Court Services...
In section 153 of the Education Act 2002 (powers of...
In section 176 of the Education Act 2002 (consultation with...
In section 12 of the Children Act 2004 (information databases)...
In section 59(1) of the Education Act 2005 (combined reports)—...
In the heading of Part 10A of the Children Act...
In Part 10A of the Children Act 1989 (including Schedule...
In section 79B of the Children Act 1989 (other definitions...
In section 79C of the Children Act 1989 (regulations etc....
In section 79D of the Children Act 1989 (requirement to...
Repeals
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- DVSA — approved driving instructor (ADI) fees and registration (opens in a new tab) Detailed Guidance
- Ofsted — register as a childminder or childcare provider (opens in a new tab) Detailed Guidance
- DVSA — become a driving instructor (opens in a new tab) Detailed Guidance
- Office for Students — registering with the OfS (opens in a new tab) Detailed Guidance
- DfE — independent school registration (opens in a new tab) Publication
- How to apply for authorisation or registration | FCA (opens in a new tab) from FCA Detailed Guidance
- Care Inspectorate Wales registration (opens in a new tab) Detailed Guidance
- Apply for an sia licence (opens in a new tab) from SIA Detailed Guidance
- Licences and fees (opens in a new tab) Detailed Guidance
- Register childminder childcare provider (opens in a new tab) Detailed Guidance
- ... and 1 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Ofsted
PrimaryOffice for Standards in Education, Children's Services and Skills
Inspects and regulates services providing education, training, and childcare in England. Inspects schools, colleges, initial teacher training, and children's social care. Registers …
Office of Qualifications and Examinations Regulation
Regulates qualifications, examinations, and assessments in England. Approves and monitors awarding organisations. Maintains the Register of Regulated Qualifications.
Care Inspectorate Wales
Registers and inspects social care and childcare services in Wales. Regulates care homes, domiciliary care, children's homes, and childminders.
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.