Childcare Act 2006

• (9) Later years provision which would otherwise fall within subsection (8) is not later years childminding if at any time the number of persons providing the later years provision ... or assisting with the provision exceeds four.

Employees not to be regarded as providing childcare

97

• (1) This section applies for the purposes of this Part.

• (2) Where an individual (“the employee”) is employed to care for a child by a person who provides early years provision or later years provision for the child, the employee is not to be regarded as providing early years provision or (as the case may be) later years provision by virtue of anything done by him in the course of that employment.

Interpretation of Part 3

98

• (1) In this Part—

• “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• “childcare” has the meaning given by section 18;

• “ childminder agency ” means— an early years childminder agency;a later years childminder agency;

• “domestic premises” means premises which are used wholly or mainly as a private dwelling (and references to non-domestic premises are to be construed accordingly);

• “ early years childminder agency ” means a person registered in the early years register as an early years childminder agency;

• “early years provision” has the meaning given by section 96(2);

• “early years provider” has the meaning given by section 96(3);

• “early years childminding” and “early years childminder” have the meanings given by section 96(4);

• “ later years childminder agency ” means a person registered in Part A of the general childcare register as a later years childminder agency;

• “later years provision” has the meaning given by section 96(6);

• “later years provider” has the meaning given by section 96(7);

• “later years childminding” and “later years childminder” have the meanings given by section 96(8);

• “premises” includes any area and any vehicle;

• ...

• “proprietor”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56);

• ...

• “the Tribunal” has the meaning given by section 69(11);

• “young child” has the meaning given by section 19.

• (1A) A person is registered for the purposes of this Part if that person is registered—

• (a) in the early years register,

• (b) in the general childcare register, or

• (c) with an early years childminder agency or a later years childminder agency.

• (1B) In this Part, references to a person registered—

• (a) as an early years childminder with domestic premises are to a person registered as such under section 37(1)(a) or 37A(1)(a);

• (b) as an early years childminder without domestic premises are to a person registered as such under section 37(2A) or 37A(1A);

• (c) as a later years childminder with domestic premises are to a person registered as such under section 56(1)(a) or 56A(1)(a);

• (d) as a later years childminder without domestic premises are to a person registered as such under section 56(2A) or 56A(1A).

• (2) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to service by post), a notice or order which may by virtue of any provision of this Part be sent by post to an applicant for registration or to a registered person is to be treated as properly addressed if it is addressed to him at the address notified by him to the Chief Inspector as the address to which correspondence to him should be sent.

Part 4 — Miscellaneous and General

Provision of information about children

Provision of information about young children: England

99

• (1) Regulations may make provision, in relation to England, requiring—

• (a) a person registered as an early years provider under Chapter 2 of Part 3,

• (aa) a person registered as an early years childminder agency under Chapter 2A of Part 3, ...

• (b) a person who provides early years provision in respect of which, but for section 34(2) (exemption for provision for children aged 2 or over at certain schools), he would be required to be registered under that Chapter,, and

• (c) any other person who provides early years provision for the purposes of section 1(1) of the Childcare Act 2016 (Secretary of State's duty to secure 30 hours free childcare available for working parents),

to provide to the relevant person such individual child information as may be prescribed.

• (2) In subsection (1), “the relevant person” means one or more of the following—

• (a) the Secretary of State, and

• (b) any prescribed person.

• (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

• (a) to the Secretary of State, or

• (b) to any prescribed person.

• (4) The Secretary of State may provide any individual child information—

• (a) to any information collator,

• (b) to any prescribed person, or

• (c) to any person falling within a prescribed category.

• (5) Any information collator—

• (a) may provide any individual child information—

• (i) to the Secretary of State, or

• (ii) to any other information collator, and

• (b) may at such times as the Secretary of State may determine or in prescribed circumstances provide such individual child information as may be prescribed—

• (i) to any prescribed person, or

• (ii) to any person falling within a prescribed category.

• (6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

• (a) the Secretary of State,

• (b) any information collator, or

• (c) any prescribed person.

• (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

• (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

• (9) In this section—

• “early years provision” has the meaning given by section 20;

• “individual child information” means information relating to and identifying individual children for whom early years provision is being or has been provided by a person mentioned in subsection (1)(a) or (b), whether obtained under subsection (1) or otherwise;

• “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to early years provision, is responsible for collating or checking information relating to children for whom such provision is made;

• ...

• ...

Provision of information about young children: transitory provision

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information about children: Wales

101

• (1) Regulations may make provision, in relation to Wales, requiring—

• (a) a person who is registered under Part 10A of the Children Act 1989 (c. 41)Part 2 of the Children and Families (Wales) Measure 2010 to provide child minding or day care, and

• (b) a person who provides funded nursery education,

to provide to the relevant person such individual child information as may be prescribed.

• (2) In subsection (1), “the relevant person” means one or more of the following—

• (a) the Assembly, and

• (b) any prescribed person.

• (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Assembly may require that person to provide any such information—

• (a) to the Assembly, or

• (b) to any prescribed person.

• (4) The Assembly may provide any individual child information—

• (a) to any information collator,

• (b) to any prescribed person, or

• (c) to any person falling within a prescribed category.

• (5) Any information collator—

• (a) may provide any individual child information—

• (i) to the Assembly, or

• (ii) to any other information collator, and

• (b) may at such times as the Assembly may determine or in prescribed circumstances provide such individual child information as may be prescribed—

• (i) to any prescribed person, or

• (ii) to any person falling within a prescribed category.

• (6) Any person holding any individual child information (other than the Assembly or an information collator) may provide that information to—

• (a) the Assembly,

• (b) any information collator, or

• (c) any prescribed person.

• (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

• (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Assembly is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Assembly.

• (9) In this section—

• “child minding” and “day care” have the same meaning as in Part 10A of the Children Act 1989 Part 2 of the Children and Families (Wales) Measure 2010;

• “funded nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 (c. 31), which is provided by any person—under arrangements made with that person by a local authority in Wales in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), andin consideration of financial assistance provided by the authority under those arrangements,other than such education provided by a school for its pupils;

• “individual child information” means information relating to and identifying individual children for whom child minding, day care or funded nursery education is being or has been provided, whether obtained under subsection (1) or otherwise;

• “information collator” means any body which, for the purposes of or in connection with the functions of the Assembly relating to child minding, day care or funded nursery education (as the case may be), is responsible for collating or checking information relating to children for whom such provision is made;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Assembly.

Disqualification for registration under Children Act 1989

Disqualification for registration under Children Act 1989

102

• (1) Paragraph 4 of Schedule 9A to the Children Act 1989 (c. 41) (disqualification for registration) is amended as follows.

• (2) In sub-paragraph (2)—

• (a) in paragraph (b) after “children” insert “ or on grounds relating to his health ”, and

• (b) after paragraph (g) insert—

(ga) he has been given a caution in respect of any offence of a prescribed kind;

.

• (3) For sub-paragraph (6) substitute—

(6) In this paragraph— - “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998; - “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

General

Minor and consequential amendments and repeals

103

• (1) Schedule 2 (which contains minor and consequential amendments) has effect.

• (2) The enactments specified in Schedule 3 are repealed to the extent specified.

Subordinate legislation: general provisions

104

• (1) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act is exercisable by statutory instrument.

• (2) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power—

• (a) to make different provision for different cases or areas;

• (b) to make provision generally or in relation to specific cases;

• (c) to make such incidental, supplementary, saving or transitional provision as the Secretary of State or the Assembly thinks fit.

Subordinate legislation: parliamentary control

105

• (1) A statutory instrument containing an order or regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Subsection (1) does not apply to—

• (a) an order under section 109(2) (commencement), or

• (b) an order to which subsection (3) applies.

• (3) A statutory instrument which contains (whether alone or with other provisions) —

• (a) an order under section 5,

• (b) an order under section 41(4), or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

General interpretation etc.

106

In this Act—

• “the Assembly” means the National Assembly for Wales;

• “child” means a person under the age of 18;

• “English local authority” means—a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;

• “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;

• “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “maintained nursery school” has the same meaning as in the School Standards and Framework Act 1998 (c. 31);

• “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41);

• “prescribed” (except in Part 2 and section 101) means prescribed by regulations;

• “registered pupil” has the same meaning as in the Education Act 1996 (c. 56);

• “regulations” (except in Part 2 and section 101) means regulations made by the Secretary of State;

• “school” has the same meaning as in the Education Act 1996;

• “Welsh local authority” means a county council or county borough council in Wales;

• “well-being”, in relation to children, has the meaning given by section 1(2).

Financial provisions

107

There shall be paid out of money provided by Parliament—

• (a) any expenses incurred by a Minister of the Crown or government department under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

Isles of Scilly

108

Parts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

Commencement

109

• (1) The following provisions come into force on the day on which this Act is passed—

• this section,

• sections 104 to 108,

• sections 110 and 111, and

• paragraph 1 of Schedule 2 (and section 103(1) so far as relating to that paragraph).

• (2) The other provisions of this Act come into force in accordance with provision made by order by the appropriate authority (as determined under section 110).

The appropriate authority by whom commencement order is made

110

• (1) This section has effect for determining who is the appropriate authority for the purposes of section 109(2).

• (2) In relation to Parts 1 and 3 (including Schedule 1) and sections 99 and 100, the appropriate authority is the Secretary of State.

• (3) In relation to Part 2 and section 101, the appropriate authority is the Assembly.

• (4) In relation to section 102, the appropriate authority is—

• (a) in relation to England, the Secretary of State, and

• (b) in relation to Wales, the Assembly.

• (5) In relation to section 103(1) and Schedule 2, the appropriate authority is—

• (a) for paragraphs 18(5)(b) and (c), 20 to 22, 24, 27, 31, 32(4) and 34 of that Schedule (and section 103(1) so far as relating to those provisions)—

• (i) in relation to England, the Secretary of State, and

• (ii) in relation to Wales, the Assembly,

• (b) for paragraph 28 of that Schedule (and section 103(1) so far as relating to that paragraph), the Assembly, and

• (c) for the other provisions of that Schedule to which section 109(2) applies (and section 103(1) so far as relating to those provisions), the Secretary of State.

• (6) In relation to section 103(2) and Schedule 3, the appropriate authority is—

• (a) for a repeal contained in Part 1 of that Schedule, the Secretary of State, and

• (b) for a repeal contained in Part 2 of that Schedule, the appropriate authority for the purposes of section 109(2) in relation to the provision on which the repeal is consequential.

Short title and extent

111

• (1) This Act may be cited as the Childcare Act 2006.

• (2) Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

• (3) Except as provided by subsection (2), this Act extends to England and Wales only.

SCHEDULE 1

Interpretation

1

In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

Education Act 1997 (c. 44)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 2002 (c. 32)

3

• (1) Section 76 of the 2002 Act (interpretation of Part 6) is amended as follows.

• (2) For the definition of “assessment arrangements” substitute—

“assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage for the purpose of ascertaining what they have achieved in relation to the attainment targets for that stage;

.

• (3) Omit the definitions of “early learning goals”, “the foundation stage”, and “pupil”.

• (4) In the definition of “school year”, omit the words from “and has a corresponding” to the end.

4

Omit section 77 of the 2002 Act (meaning of “nursery education” and related expressions).

5

In section 78 of the 2002 Act (general requirements in relation to the curriculum), omit subsection (2).

6

• (1) Section 79 of the 2002 Act (duty to implement general requirements) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78. (2) Every local education authority in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.

• (3) In subsection (4)(b), omit the words from “or the” to “nursery school”.

• (4) Omit subsection (5).

7

• (1) Section 80 of the 2002 Act (basic curriculum for maintained school) is amended as follows.

• (2) In subsection (1)(b), for “who have attained the age of three” substitute “ who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006 ”.

• (3) In subsection (2)(a), for “a nursery class in a primary school” substitute “ pupils who are under compulsory school age ”.

8

Omit section 81 of the 2002 Act (the foundation stage).

9

Omit section 83 of the 2002 Act (curriculum requirements for the foundation stage).

10

• (1) Section 87 of the 2002 Act (establishment of National Curriculum by order) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.

• (3) Omit subsection (2).

• (4) In subsection (4), omit—

• (a) “(2) or”,

• (b) in paragraph (a), the words “the foundation stage or” and “educational programme or”, and

• (c) in paragraph (b), the words from “(or the timetables” to “education)”.

• (5) In subsection (5), omit “(2) or”.

• (6) Omit subsection (6).

• (7) In subsection (8), omit “(2)(c) or”.

• (8) In subsection (10), omit—

• (a) “(6) or”, and

• (b) in paragraph (a) the words from “or” to “provided”.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Omit section 89 of the 2002 Act (implementation in respect of nursery schools etc.).

12

• (1) Section 90 of the 2002 Act (development work and experiments) is amended as follows.

• (2) In subsection (1), omit “or maintained nursery school”.

• (3) In subsection (3), omit “or a maintained nursery school”.

13

In section 93 of the 2002 Act (temporary exceptions for individual pupils), in subsections (1) and (5), omit “or maintained nursery school”.

14

In section 94 of the 2002 Act (information concerning directions under section 93), in subsection (4)(a), omit “or maintained nursery school”.

15

In section 96 of the 2002 Act (procedure for making certain orders and regulations), in subsection (1)(a)—

• (a) omit “83(3)”, and

• (b) for “87(2)(a) or (b) or (3)(a) or (b)” substitute “ 87(3)(a) or (b) ”.

16

In section 210 of the 2002 Act (orders and regulations)—

• (a) omit subsection (3)(c), and

• (b) in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “ 87(3)(c) ”.

SCHEDULE 2

Local Authority Social Services Act 1970 (c. 42)

1

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) after the entry relating to the Children Act 1975 insert—

Adoption Act 1976	Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.

Magistrates' Courts Act 1980 (c. 43)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supreme Court Act 1981 (c. 54)

3

In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court) in paragraph 3 (which deals with business assigned to the Family Division) after paragraph (e) insert—

(ea) proceedings under section 79 of the Childcare Act 2006;

.

Children Act 1989 (c. 41)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In the heading of Part 10A of the Children Act 1989 (child minding and day care for children in England and Wales), omit “England and”.

6

In Part 10A of the Children Act 1989 (including Schedule 9A) for “the registration authority”, “a registration authority” or “the authority”, wherever occurring, substitute (in each case) “ the Assembly ” .

7

In section 79B of the Children Act 1989 (other definitions etc. )—

• (a) omit subsection (1),

• (b) for subsection (2) substitute—

(2) In this Act “ the Assembly ” means the National Assembly for Wales.

, and

• (c) for subsection (7) substitute—

(7) “ Regulations ” means regulations made by the Assembly.

8

In section 79C of the Children Act 1989 (regulations etc. governing child minders and day care providers), omit subsections (1), (4) and (5).

9

In section 79D of the Children Act 1989 (requirement to register)—

• (a) for subsection (1) substitute—

(1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.

,

• (b) in subsection (4) omit the words “(whether the contravention occurs in England or Wales)”, and

• (c) in subsection (5), after “premises” insert “ in Wales ” .

10

In section 79H of the Children Act 1989 (suspension of registration), omit subsection (3).

11

In section 79K of the Children Act 1989 (protection of children in an emergency), in subsection (1) after “registered” insert “ under this Part ” .

12

Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only to England).

13

In section 79S of the Children Act 1989 (general functions of the Assembly), in subsection (2) omit the words from “but the regulations” to the end of the subsection.

14

In section 79U of the Children Act 1989 (rights of entry etc. ) in subsection (1) omit “England or”.

15

In section 79V of the Children Act 1989 (function of local authorities), after “local authority” insert “ in Wales ” .

16

In section 79W of the Children Act 1989 (requirement for certificate of suitability), in subsection (1) after “children” (in the first place where it occurs) insert “ in Wales ” .

17

In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b) omit “England and”.

18

• (1) Schedule 9A to the Children Act 1989 (child minding and day care for young children) is amended as follows.

• (2) In the heading, after “children” insert “ in Wales ” .

• (3) In paragraph 1 (exemption of certain schools), in sub-paragraph (1)(c), omit “the Secretary of State or”.

• (4) In paragraph 4 (disqualification for registration)—

• (a) in sub-paragraph (1), after “day care” insert “ in Wales ” ,

• (b) in sub-paragraph (2)(f), after “Part XA” insert “ , or Part 3 of the Childcare Act 2006, ” ,

• (c) in sub-paragraph (3), after “day care” (in each place where it occurs) insert “ in Wales ” ,

• (d) in sub-paragraph (4), after “day care” (in each place where it occurs) insert “ in Wales ” , and

• (e) in sub-paragraph (5), after “day care” (in each place where it occurs) insert “ in Wales ” .

• (5) In paragraph 5 (offences relating to disqualification)—

• (a) in sub-paragraph (1)(a)—

• (i) after “child minder” insert “ in Wales ” ,

• (ii) after “child minding” insert “ in Wales ” ,

• (b) in sub-paragraph (1)(b) for “any of sub-paragraphs (3) to (5)” substitute “ sub-paragraph (4) or (5) ” , and

• (c) for sub-paragraph (2) substitute—

(2) A person who contravenes sub-paragraph (4) of paragraph 4 shall not be guilty of an offence under this paragraph if— (a) he is disqualified for registration by virtue only of regulations made under sub-paragraph (3) of paragraph 4, and (b) he proves that he did not know, and had no reasonable grounds for believing, that he was living in the same household as a person who was disqualified for registration or in a household in which such a person was employed.

• (6) In paragraph 6 (certificates of registration), in sub-paragraph (5)—

• (a) in paragraph (a) for “(in England or in Wales)” substitute “ in Wales ” , and

• (b) in paragraph (b) after “any premises” insert “ in Wales ” .

• (7) In paragraph 8 (co-operation between authorities), omit sub-paragraph (1).

Water Industry Act 1991 (c. 56)

19

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges) for paragraph 12 substitute—

(12) (1) Premises in England which are used for the provision of childcare by a person who is registered (otherwise than as a childminder) under Part 3 of the Childcare Act 2006 in respect of the premises. (2) Premises in Wales which are used for the provision of day care for children by a person who is registered under Part 10A of the Children Act 1989 in respect of the premises.

Education Act 1996 (c. 56)

20

In the heading to section 17 of the Education Act 1996, for “nursery education” substitute “ nursery schools ”.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

• (1) Section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) is amended as follows.

• (2) In subsection (11), for “relevant nursery education” substitute “ relevant early years education ”.

• (3) In subsection (13)(c), for “nursery”, in both places, substitute “ early years ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

In section 509A of the Education Act 1996 (travel arrangements for children receiving nursery education otherwise than at school)—

• (a) in the heading and in each of subsections (1), (3) and (4) for “nursery education” substitute “ early years education ”, and

• (b) for subsection (5) substitute—

(5) In this section “relevant early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); (b) in relation to Wales, nursery education which is provided— (i) by a local education authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by a local authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998.

24

In section 512 of the Education Act 1996 (LEA functions concerning provision of meals etc.)—

• (a) in subsection (1)(c) for “relevant funded nursery education” substitute “ relevant funded early years education ”, and

• (b) in subsection (6) for the definition of “relevant funded nursery education” substitute—

“relevant funded early years education”, in relation to a local education authority in England, means early years provision as defined by section 20 of the Childcare Act 2006 which is provided by a person, other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school, under arrangements made by a local authority in pursuance of the duty imposed by section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge); “relevant funded early years education”, in relation to a local education authority in Wales, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school— (a) under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and (b) in consideration of financial assistance provided by the authority under those arrangements.

25

• (1) Section 515 of the Education Act 1996 (provision of teaching services for day nurseries) is amended as follows.

• (2) In subsection (1) after “a day nursery” insert “ in England or Wales or to a registered early years provider in England ”.

• (3) In subsection (3)—

• (a) in paragraph (b) after “the day nursery” insert “ or (as the case may be) the registered early years provider ”, and

• (b) in paragraph (c) for the words from “including” to the end of the paragraph substitute

including— (i) in relation to England, any charges to be imposed in connection with the arrangements, and (ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

• (4) For subsection (4) substitute—

(4) In this section— - “day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children); - “registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

26

• (1) Section 535 of the Education Act 1996 (provision of teaching services for day nurseries) is amended as follows.

• (2) In subsection (1) after “a day nursery” insert “ in England or Wales or to a registered early years provider in England ”.

• (3) In subsection (3)—

• (a) in paragraph (b) after “the day nursery” insert “ or (as the case may be) the registered early years provider ”, and

• (b) in paragraph (c) for the words from “including” to the end of the paragraph substitute

including— (i) in relation to England, any charges to be imposed in connection with the arrangements, and (ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

• (4) For subsection (4) substitute—

(4) In this section— - “day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children); - “registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

27

• (1) Section 548 of the Education Act 1996 (no right to give corporal punishment) is amended as follows.

• (2) In subsection (1)(c) for “specified nursery education” substitute “ specified early years education ”.

• (3) For subsection (8) substitute—

(8) “Specified early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); (b) in relation to Wales, full-time or part-time education suitable for children who have not attained compulsory school age which is provided— (i) by a local education authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998.

Education Act 1997 (c. 44)

28

In section 38 of the Education Act 1997 (inspection of local education authorities), in subsection (2A)(b), after “sections 25 and 26” insert “ of the Children Act 2004 ”.

Police Act 1997 (c. 50)

29

In section 113F of the Police Act 1997 (criminal record certificates: supplementary), in subsection (1)—

• (a) before paragraph (a) insert—

(za) for the purposes of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England) and regulations made under it, the applicant's suitability to look after or be in regular contact with children;

,

• (b) in paragraph (a), omit the words “England and”, and

• (c) in paragraph (c) omit the words “section 71 of the Children Act 1989 or”.

School Standards and Framework Act 1998 (c. 31)

30

In section 118 of the School Standards and Framework Act 1998 (duty of LEA as respects availability of nursery education)—

• (a) in subsection (1) after “a local education authority” insert “ in Wales ”, and

• (b) in subsection (2)(b) for “the Secretary of State” substitute “ the National Assembly for Wales ”.

31

Section 118A of the School Standards and Framework Act 1998 (duties of LEA in respect of childcare) is omitted.

32

• (1) Section 119 of the School Standards and Framework Act 1998 (early years development and childcare partnerships) is amended as follows.

• (2) In subsection (1), after “local education authority” insert “ in Wales ”.

• (3) In subsection (2), for “the Secretary of State” substitute “ the Assembly ”.

• (4) In subsection (5), omit paragraph (ab).

• (5) In subsection (6), for “The Secretary of State” substitute “ The Assembly ”.

33

• (1) Section 122 of the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.

• (2) In the heading, after “nursery education” insert “ in Wales ”.

• (3) In subsection (1), after “nursery education” insert “ in Wales ”.

34

In section 123 of the School Standards and Framework Act 1998 (children with special educational needs)—

• (a) in subsections (1)(a), (2) and (3A) for “relevant nursery education” substitute “ relevant early years education ”, and

• (b) for subsection (4) substitute—

(4) In this section “relevant early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); (b) in relation to Wales, nursery education which is provided— (i) by a local education authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118.

35

In section 142 of the School Standards and Framework Act 1998 (general interpretation) for subsection (5) substitute—

(5) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if— (a) in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and (b) in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.

36

• (1) Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.

• (2) In the title of the Schedule after “nursery education” insert “ in Wales ”.

• (3) In paragraph 1(1)—

• (a) in paragraph (za) after “school” (in each place where it occurs) insert “ in Wales ”;

• (b) in paragraph (a) after “local education authority” insert “ in Wales ”;

• (c) in paragraph (b) after “local education authority” insert “ in Wales ”.

• (4) In paragraph 1(2) after “local education authority” insert “ in Wales ”.

• (5) In paragraph 1(3)(b)(ii) after “local education authority” insert “ in Wales ”.

• (6) In paragraph 2(1)—

• (a) omit paragraph (a), and

• (b) for paragraph (c) substitute—

(c) “the Chief Inspector” (without more) means the Chief Inspector for Wales.

• (7) For paragraph 2(5) substitute—

(5) In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.

• (8) In paragraph 3 for “the Secretary of State” substitute “ the Assembly ”.

• (9) In paragraph 4—

• (a) for “the Secretary of State” (in both places where it occurs) substitute “ the Assembly ”, and

• (b) for “the Secretary of State's” substitute “ the Assembly's ”.

• (10) In paragraph 5 for “the Secretary of State” substitute “ the Assembly ”.

• (11) Omit the following—

• (a) paragraph 6A,

• (b) in the cross-heading before paragraph 7, the words “6A or”,

• (c) in paragraph 7, the words “6A or”,

• (d) paragraph 13A,

• (e) paragraph 14(1),

• (f) in paragraph 16, the words “6A or”, and

• (g) in paragraph 18, sub-paragraphs (1)(a) and (4)(a).

Protection of Children Act 1999 (c. 14)

37

In section 2A of the Protection of Children Act 1999 (power of certain authorities to refer individuals for inclusion in list of persons considered unsuitable to work with children), in subsection (1)(a) for “or Part XA of the Children Act 1989” substitute “ , Part 10A of the Children Act 1989 or Part 3 of the Childcare Act 2006 ”.

38

In section 9 of the Protection of Children Act 1999 (the Tribunal), in subsection (2)—

• (a) omit the “or” at the end of paragraph (e), and

• (b) at the end of paragraph (f) insert

or (g) on an appeal under, or by virtue of, Part 3 of the Childcare Act 2006.

Criminal Justice and Court Services Act 2000 (c. 43)

39

In section 36 of the Criminal Justice and Court Services Act 2000 (meaning of “regulated position”) in subsection (13) for paragraph (c) substitute—

(c) in relation to England— (i) a person registered under Part 3 of the Childcare Act 2006, otherwise than as a childminder, for providing care on premises on which the child is cared for, (ii) a person registered under Part 3 of that Act as a childminder who is providing early years or later years childminding (within the meaning of that Part of that Act) for the child, (ca) in relation to Wales, a person registered under Part 10A of the Children Act 1989 for providing day care on premises on which the child is cared for, and

.

40

In section 42 of the Criminal Justice and Court Services Act 2000 (interpretation of Part 2) in subsection (1) for the definition of “day care premises” substitute—

“day care premises” means— (a) in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006, (b) in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,

.

Education Act 2002 (c. 32)

41

In section 153 of the Education Act 2002 (powers of LEA in respect of funded nursery education)—

• (a) in subsection (1), after “local education authority” insert “ in Wales ”, and

• (b) in subsection (2)(a), omit “the Secretary of State or (as respects local education authorities in Wales)”.

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 2004 (c. 31)

43

In section 12 of the Children Act 2004 (information databases) in subsection (8) for paragraph (a) substitute—

(a) a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);

.

Education Act 2005 (c. 18)

44

In section 59(1) of the Education Act 2005 (combined reports)—

• (a) in paragraph (b) after “for children” insert “ in Wales ”,

• (b) in paragraph (c) after “nursery education” insert “ in Wales ”,

• (c) omit the “and” at the end of paragraph (c), and

• (d) at the end of paragraph (d) insert

and (e) Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (regulation of early years and later years provision in England).

SCHEDULE 3

Part 1 — The curriculum

Part 2 — Other repeals

Meaning of “early childhood services” for purposes of section 3

Children's centres: consultation

Meaning of “young child”

Powers of local authority in relation to the provision of childcare

Maintenance of the two childcare registers

Power of constable to assist in exercise of powers of entry

Information to be included in annual reports

Cases where consent to disclosure withheld

Employees not to be regarded as providing childcare

Provision of information about young children: transitory provision

Disqualification for registration under Children Act 1989

Subordinate legislation: general provisions

Interpretation

. . . . . . . . . . . . . . .

Education Act 2002 (c. 32)

Local Authority Social Services Act 1970 (c. 42)

Magistrates' Courts Act 1980 (c. 43)

Supreme Court Act 1981 (c. 54)

Children Act 1989 (c. 41)

Water Industry Act 1991 (c. 56)

Education Act 1996 (c. 56)

Education Act 1997 (c. 44)

Police Act 1997 (c. 50)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Criminal Justice and Court Services Act 2000 (c. 43)

Education Act 2002 (c. 32)

Children Act 2004 (c. 31)

Education Act 2005 (c. 18)

Editorial notes