Nanny agencies in England, Northern Ireland and Wales could be breaking the law if they supply into Scotland but do not register their services there.

All agencies in Scotland must register with the Care Commission, which regulates more than 15,000 care services, and charges hefty fees. This contrasts with the rest of the UK, where nanny agencies do not need to register.

The Care Commission says: "This means that many agencies based in England, Northern Ireland or Wales, but who offer services in Scotland, could be operating illegally because they are unaware of the difference in legislation."

The Commission has written to all 270 agencies providing nanny services in England, Northern Ireland and Wales to advise them of their need to register before making placements in Scotland.

Agencies supplying to Scotland have been required to register since 2004 but the Care Commission explained that it has become more of an issue recently due to agencies becoming less regionalised.

Ronnie Hill, director of children's services regulation at the Care Commission, says: "The increasing use of the internet to market and advertise these services means many agencies now operate on a national level and can place nannies with families throughout the UK.

"Though we don't know of any specific cases, it is possible that some agencies may already have placed nannies in Scotland illegally because they are unaware of the difference in legislation."

Ben Black, managing director of London-based Tinies Childcare, told Recruiter: "It's a load of rubbish. The standards aren't any higher in Scotland. It just means that there's a massive document to fill out and a fee to pay, which will deter some people."

Tinies, established for 30 years, said it had already gone through the process, as it has an office in Midlothian.

Hill told Recruiter the initial fee, for an agency with up to three full-time staff, was £1,087 with an annual fee of £676 thereafter. For bigger agencies, the initial fee is £2,624, then £2,555 per year.

He said that the registration document agencies had to complete was just over 50 pages in length, including guidance notes. But he added that he was looking at streamlining the process.