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 27
- Employer 2
- Director or Officer 2
Plus 25 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 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Employers also bound by 171 other Acts (top 5 shown)
- Provision and Use of Work Equipment Regulations 1998 1998 204 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 201 duties
- Electricity at Work Regulations 1989 1989 55 duties
- Fire Safety (Scotland) Regulations 2006 2006 51 duties
- TULRCA 1992 1992 47 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 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 assess childcare provision
Other duties (1) — Crown / regulator
- Local authorities must assess the local childcare market 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 25 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 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
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
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
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
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
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 50 other sections in this Part — procedural / definitional / commencement
General functions of the Chief Inspector
Applications for registration: early years childminders with domestic premises
Applications for registration: other early years providers
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: later years childminders with domestic premises
Applications for registration: other later years providers
Special procedure for providers registered with 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
Procedure for persons already registered with a childminder agency
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
Supply of information to the Secretary of State, HMRC and local authorities by childminder agencies
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 3 other Schedules — structural / supplementary
Amendments relating to the curriculum
Minor and consequential amendments
Repeals
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Care Inspectorate Wales registration (opens in a new tab) Detailed Guidance
- Care Inspectorate registration (opens in a new tab) Detailed Guidance
- Apply for an sia licence (opens in a new tab) Detailed Guidance
- Licences and fees (opens in a new tab) Detailed Guidance
- Register childminder childcare provider (opens in a new tab) Detailed Guidance
- Registration (opens in a new tab) Detailed Guidance
- GOV.UK Licence Finder (opens in a new tab) Detailed Guidance
- FCA: How to apply for authorisation (opens in a new tab) from FCA Detailed Guidance
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.
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Regulators
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