UK Statutory Instrument 2008 United Kingdom

Childcare (General Childcare Register) Regulations 2008

What this means for your business

6 obligations
1 penalties
1 guides
Enforced by
OPSS, MHRA
Applies to
United Kingdom
On this page
6 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

6 compliance obligations under this legislation.

Management duties 4

Comply with Schedule 3 requirements and meet each child's needs

If you run a later‑years childcare service that falls under section 59, you must follow every applicable rule set out in Schedule 3 of the Regulations. In addition, when you provide care you must take each child’s individual childcare needs into account. This is an ongoing duty to manage your service to the required standards and tailor care to each child.

Trader/Business s.6 Historic England If you are a later‑years childcare provider to whom section 59 of …

Meet all child‑care standards and look after each child’s needs

If you run a registered childcare premises you must keep up with every requirement set out in Schedule 6 of the regulations. In addition you must make sure every child you care for gets the individual attention they need at all times. This is a continuous, on‑going duty that applies to any person registered under Part B.

Any Person s.14 Historic England

Meet applicable Schedule 6 requirements and consider each child’s needs

If your business is registered in Part B of the general childcare register, you must follow the specific standards set out in Schedule 6 that apply to you, and you must tailor your childcare provision to the individual needs of every child you look after. In practice this means keeping the right policies, staff qualifications and records, and ensuring each child’s care plan reflects their particular needs.

Trader/Business s.13 Historic England If you are registered in Part B of the general childcare register

Meet Schedule 6 requirements and consider each child's needs

If you run a Part B childcare service, you must follow all the standards that apply to you in Schedule 6 of the regulations, and you must tailor the care you provide to the individual needs of every child. In practice this means having the right staff qualifications, ratios, premises standards and keeping records that show each child’s care plan.

Trader/Business s.12 Historic England If you are registered in Part B of the general childcare register …

Offences and prohibitions 1

Fail to comply with corporal punishment rules

Unlimited fine

If you run a later‑years childcare service that is registered in Part A of the General Childcare Register and you do not follow the specific corporal‑punishment requirements set out in paragraph 5 of Schedule 3 (and you have no reasonable excuse), you commit a criminal offence. A conviction in the magistrates’ court results in an unlimited fine.

Any Person s.9 Planning Inspectorate

Registration and licensing 1

Provide required information with childcare registration application

When you apply to be on the General Childcare Register you must attach the information set out in the relevant schedule. The exact items depend on whether you are applying under section 62 (standard registration) or section 63 (early years/later years), and some details can be omitted for home child‑carers or for providers not offering early‑years or later‑years child‑minding.

Trader/Business s.11 Historic England When making an application for registration under section 62(1) or 63(1) of …

Penalties for non-compliance

1 penalty under this legislation. 1 carry an unlimited fine.

Unlimited fine

Fail to comply with corporal punishment rules

Unlimited fine

Summary only s.9 Penalises: Fail to comply with corporal punishment rules

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

14 classified provisions from this legislation.

Duties 7

  • s.6 Matters prescribed for the purposes of section 59 child relating
  • s.7 Matters to be considered by the Chief Inspector
  • s.8 Matters to be considered by the Chief Inspector
  • s.11 Information to accompany application for registration
  • s.12 Activities of persons registered in Part B of the general childcare register child relating
  • s.13 Activities of persons registered in Part B of the general childcare register child relating
  • s.14 Activities of persons registered in Part B of the general childcare register child relating

Offences and penalties 1

  • s.9 Offence relating to corporal punishment

Definitions 4

  • Schedule 1 Applications for registration in Part A of the general childcare register: later years childminders
  • Schedule 2 Applications for registration in Part A of the general childcare register: other later years providers
  • Schedule 4 Applications for registration in Part B of the general childcare register: childminders
  • Schedule 5 Applications for registration in Part B of the general childcare register: other childcare providers

Exemptions 1

  • Schedule 3 Requirements governing activities: section 59