LegalizeReform history
Childcare Act 2006
36 versions
· 2006-07-11
2024-11-01
Childcare Act 2006
2023-12-26
Childcare Act 2006
2023-02-07
Childcare Act 2006
2022-09-25
Childcare Act 2006
2022-04-28
Childcare Act 2006
2022-03-25
Childcare Act 2006
2021-12-09
Childcare Act 2006
2020-03-25
Childcare Act 2006
2017-12-01
Childcare Act 2006
2016-11-03
Childcare Act 2006
2016-04-06
Childcare Act 2006
2015-05-26
Childcare Act 2006
2015-03-26
Childcare Act 2006
2014-03-13
Childcare Act 2006
2013-07-17
Childcare Act 2006
2013-04-29
Childcare Act 2006
2012-04-01
Childcare Act 2006
2011-04-01
Childcare Act 2006
2010-10-31
Childcare Act 2006
2010-10-01
Childcare Act 2006
2010-05-05
Childcare Act 2006
2010-03-31
Childcare Act 2006
2010-01-12
Childcare Act 2006
2009-09-01
Childcare Act 2006
2008-11-03
Childcare Act 2006
2008-09-01
Childcare Act 2006
2008-04-01
Childcare Act 2006
2008-01-31
Childcare Act 2006
2007-10-01
Childcare Act 2006
2007-09-01
Childcare Act 2006
2007-05-01
Childcare Act 2006
2007-04-06
Childcare Act 2006
2007-04-01
Childcare Act 2006
2007-03-30
Childcare Act 2006
2006-12-20
Childcare Act 2006
Changes on 2006-12-20
@@ -2,7 +2,7 @@
## Part 1 — General functions of local authority: England
### Improvement of young children’s well-being
### Improvement of young children's well-being
#### General duties of local authority in relation to well-being of young children
@@ -14,7 +14,7 @@
- (b) reduce inequalities between young children in their area in relation to the matters mentioned in subsection (2).
- (2) In this Act “well-being”, in relation to children, means their well-being so far as relating to—
- (2) In this Act “*well-being*”, in relation to children, means their well-being so far as relating to—
- (a) physical and mental health and emotional well-being;
@@ -40,7 +40,7 @@
##### 2
- (1) In section 3 “early childhood services”, in relation to an English local authority, means—
- (1) In section 3 “*early childhood services*”, in relation to an English local authority, means—
- (a) early years provision;
@@ -48,17 +48,17 @@
- (c) health services relating to young children, parents or prospective parents;
- (d) the provision, under arrangements made under section 2 of the Employment and Training Act [1973 (c. 50)](https://www.legislation.gov.uk/ukpga/1973/50), of assistance to parents or prospective parents;
- (d) the provision, under arrangements made under section 2 of the Employment and Training Act 1973 (c. 50), of assistance to parents or prospective parents;
- (e) the service provided by the local authority under section 12 (duty to provide information and assistance) so far as relating to parents or prospective parents.
- (2) In this section—
- “parent” means a parent of a young child, and includes any individual who— has parental responsibility for a young child, or has care of a young child;
- “prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;
- “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act [1970 (c. 42)](https://www.legislation.gov.uk/ukpga/1970/42).
- “*parent*” means a parent of a young child, and includes any individual who—has parental responsibility for a young child, orhas care of a young child;
- “*prospective parent*” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;
- “*social services functions*”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).
#### Specific duties of local authority in relation to early childhood services
@@ -74,7 +74,7 @@
- (3) The authority must take steps—
- (a) to identify parents or prospective parents in the authority’s area who would otherwise be unlikely to take advantage of early childhood services that may be of benefit to them and their young children, and
- (a) to identify parents or prospective parents in the authority's area who would otherwise be unlikely to take advantage of early childhood services that may be of benefit to them and their young children, and
- (b) to encourage those parents or prospective parents to take advantage of those services.
@@ -92,9 +92,9 @@
- (7) In this section—
- “early years provider” has the same meaning as in Part 3;
- “parent” and “prospective parent” have the same meaning as in section 2.
- “*early years provider*” has the same meaning as in Part 3;
- “*parent*” and “*prospective parent*” have the same meaning as in section 2.
#### Duty of local authority and relevant partners to work together
@@ -104,9 +104,9 @@
- (a) a Strategic Health Authority or Primary Care Trust for an area any part of which falls within the area of the local authority;3
- (b) the Secretary of State, in relation to his functions under section 2 of the Employment and Training Act [1973 (c. 50)](https://www.legislation.gov.uk/ukpga/1973/50).
- (2) An English local authority must make arrangements to work with each of the authority’s relevant partners in the performance by the authority of their duties under sections 1 and 3.
- (b) the Secretary of State, in relation to his functions under section 2 of the Employment and Training Act 1973 (c. 50).
- (2) An English local authority must make arrangements to work with each of the authority's relevant partners in the performance by the authority of their duties under sections 1 and 3.
- (3) Each of the relevant partners of an English local authority must work with the authority and with the other relevant partners in the making of the arrangements.
@@ -164,11 +164,11 @@
- (6) In this section—
- “child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act [2002 (c. 21)](https://www.legislation.gov.uk/ukpga/2002/21);
- “disabled child” means a child who has a disability for the purposes of the Disability Discrimination Act [1995 (c. 50)](https://www.legislation.gov.uk/ukpga/1995/50);
- “parent” includes any individual who— has parental responsibility for a child, or has care of a child.
- “*child care element*”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);
- “*disabled child*” means a child who has a disability for the purposes of the Disability Discrimination Act 1995 (c. 50);
- “*parent*” includes any individual who—has parental responsibility for a child, orhas care of a child.
#### Duty to secure prescribed early years provision free of charge
@@ -204,7 +204,7 @@
- (4) Subsection (3) does not affect the provision of childcare by the governing body of a maintained school.
- (5) Subsection (3) does not apply in relation to the provision of childcare under section 18(1) or (5) of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) (day care for children in need).
- (5) Subsection (3) does not apply in relation to the provision of childcare under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need).
- (6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
@@ -228,7 +228,7 @@
- (a) to childcare provided in pursuance of the duty imposed by section 7, or
- (b) to childcare provided under section 18(1) or (5) of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) (day care for children in need), provision as to charges for such care being made by section 29 of that Act.
- (b) to childcare provided under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need), provision as to charges for such care being made by section 29 of that Act.
#### Duty to assess childcare provision
@@ -284,19 +284,19 @@
- (5) The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.
- (6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority’s area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.
- (6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.
- (7) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.
- (8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Disability Discrimination Act [1995 (c. 50)](https://www.legislation.gov.uk/ukpga/1995/50).
- (8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Disability Discrimination Act 1995 (c. 50).
- (9) In this section—
- “parent” means a parent of a child or young person and includes any individual who— has parental responsibility for a child, or has care of a child;
- “prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;
- “young person” means a person who has attained the age of 18 but has not attained the age of 20.
- “*parent*” means a parent of a child or young person and includes any individual who—has parental responsibility for a child, orhas care of a child;
- “*prospective parent*” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;
- “*young person*” means a person who has attained the age of 18 but has not attained the age of 20.
#### Duty to provide information, advice and training to childcare providers
@@ -312,7 +312,7 @@
- (i) a maintained school,
- (ii) a school approved by the Secretary of State under section 342 of the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56) (approval of non-maintained special schools),
- (ii) a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools),
- (iii) an independent school;
@@ -338,7 +338,7 @@
##### 14
For the purposes of section 38 of the Education Act [1997 (c. 44)](https://www.legislation.gov.uk/ukpga/1997/44) (inspection of local education authorities), the functions conferred on an English local authority by or under this Part are to be regarded as functions conferred on a local education authority in their capacity as such.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Powers of Secretary of State to secure proper performance etc.
@@ -348,23 +348,23 @@
- (2) Section 497 of the 1996 Act (general default powers) applies in relation to the duties imposed on an English local authority by or for the purposes of this Part as it applies in relation to the duties imposed on a local education authority in England by or for the purposes of the 1996 Act.
- (3) Section 497A of the 1996 Act (power to secure proper performance of LEA’s functions) applies in relation to an English local authority’s functions under this Part as it applies in relation to the functions of a local education authority in England mentioned in subsection (1) of that section.
- (3) Section 497A of the 1996 Act (power to secure proper performance of LEA's functions) applies in relation to an English local authority's functions under this Part as it applies in relation to the functions of a local education authority in England mentioned in subsection (1) of that section.
- (4) Sections 497AA and 497B of the 1996 Act apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of an English local authority under this Part.
- (5) In the application of sections 497A(2) to (7), 497AA and 497B of the 1996 Act in relation to an English local authority’s functions under this Part, references to the local education authority are to be read as references to the local authority.
- (5) In the application of sections 497A(2) to (7), 497AA and 497B of the 1996 Act in relation to an English local authority's functions under this Part, references to the local education authority are to be read as references to the local authority.
- (6) In subsection (5) of section 497A of the 1996 Act, the reference to functions to which that section applies includes (for all purposes) functions of an English local authority under this Part.
- (7) In this section, “the 1996 Act” means the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56).
- (7) In this section, “*the 1996 Act*” means the Education Act 1996 (c. 56).
#### Amendments of Children Act 2004
##### 16
- (1) The Children Act [2004 (c. 31)](https://www.legislation.gov.uk/ukpga/2004/31) is amended as follows.
- (2) In section 18 (director of children’s services), in subsection (2)—
- (1) The Children Act 2004 (c. 31) is amended as follows.
- (2) In section 18 (director of children's services), in subsection (2)—
- (a) omit the “and” at the end of paragraph (d), and
@@ -373,7 +373,7 @@
> ; and
> (f) the functions conferred on the authority under Part 1 of the Childcare Act 2006.
- (3) In section 23 (interpretation), in subsection (3) (which defines “children’s services”)—
- (3) In section 23 (interpretation), in subsection (3) (which defines “children's services”)—
- (a) omit the “and” at the end of paragraph (b), and
@@ -407,19 +407,19 @@
- (1) This section applies for the purposes of this Part and Part 3.
- (2) “Childcare” means any form of care for a child and, subject to subsection (3), care includes—
- (2) “*Childcare*” means any form of care for a child and, subject to subsection (3), care includes—
- (a) education for a child, and
- (b) any other supervised activity for a child.
- (3) “Childcare” does not include—
- (3) “*Childcare*” does not include—
- (a) education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or
- (b) any form of health care for a child.
- (4) “Childcare” does not include care provided for a child by—
- (4) “*Childcare*” does not include care provided for a child by—
- (a) a parent or step-parent of the child;
@@ -433,11 +433,11 @@
- (f) a person who fosters the child privately.
- (5) “Childcare” does not include care provided for a child if the care—
- (a) is provided in any of the following establishments as part of the establishment’s activities—
- (i) an appropriate children’s home,
- (5) “*Childcare*” does not include care provided for a child if the care—
- (a) is provided in any of the following establishments as part of the establishment's activities—
- (i) an appropriate children's home,
- (ii) a care home,
@@ -449,7 +449,7 @@
- (6) The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.
- (7) “Childcare” does not include care provided for a child who is detained in—
- (7) “*Childcare*” does not include care provided for a child who is detained in—
- (a) a young offender institution, or
@@ -457,11 +457,11 @@
- (8) In this section—
- (a) “appropriate children’s home”, “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41);
- (b) “care home”, “hospital” and “residential family centre” have the same meaning as in the Care Standards Act [2000 (c. 14)](https://www.legislation.gov.uk/ukpga/2000/14);
- (c) “relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.
- (a) “*appropriate children's home*”, “*local authority foster parent*”, “*to foster a child privately*” and “*voluntary organisation*” have the same meaning as in the Children Act 1989 (c. 41);
- (b) “*care home*”, “*hospital*” and “*residential family centre*” have the same meaning as in the Care Standards Act 2000 (c. 14);
- (c) “*relative*”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.
#### Meaning of “young child”
@@ -477,7 +477,7 @@
##### 20
In this Part “early years provision” means the provision of childcare for a young child.
In this Part “*early years provision*” means the provision of childcare for a young child.
#### Interpretation of Part 1
@@ -485,15 +485,15 @@
In this Part—
- “childcare” has the meaning given by section 18;
- “early years provision” has the meaning given by section 20;
- “prescribed” means prescribed by regulations;
- “regulations” means regulations made by the Secretary of State;
- “young child” has the meaning given by section 19.
- “*childcare*” has the meaning given by section 18;
- “*early years provision*” has the meaning given by section 20;
- “*prescribed*” means prescribed by regulations;
- “*regulations*” means regulations made by the Secretary of State;
- “*young child*” has the meaning given by section 19.
## Part 2 — General Functions of Local Authority: Wales
@@ -529,11 +529,11 @@
- (6) In this section—
- “child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act [2002 (c. 21)](https://www.legislation.gov.uk/ukpga/2002/21);
- “disabled child” means a child who has a disability for the purposes of the Disability Discrimination Act [1995 (c. 50)](https://www.legislation.gov.uk/ukpga/1995/50);
- “parent” includes any individual who— has parental responsibility for a child, or has care of a child.
- “*child care element*”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);
- “*disabled child*” means a child who has a disability for the purposes of the Disability Discrimination Act 1995 (c. 50);
- “*parent*” includes any individual who—has parental responsibility for a child, orhas care of a child.
#### Powers of local authority in relation to the provision of childcare
@@ -567,7 +567,7 @@
- (1) A Welsh local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.
- (2) Subsection (1) does not apply to childcare provided under section 18 of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) (day care for pre-school and other children), provision as to charges for such care being made by section 29 of that Act.
- (2) Subsection (1) does not apply to childcare provided under section 18 of the Children Act 1989 (c. 41) (day care for pre-school and other children), provision as to charges for such care being made by section 29 of that Act.
#### Power to require local authority to assess childcare provision
@@ -613,19 +613,19 @@
- (5) The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.
- (6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority’s area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.
- (6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.
- (7) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Assembly.
- (8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Disability Discrimination Act [1995 (c. 50)](https://www.legislation.gov.uk/ukpga/1995/50).
- (8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Disability Discrimination Act 1995 (c. 50).
- (9) In this section—
- “parent” means a parent of a child or young person and includes any individual who— has parental responsibility for a child, or has care of a child;
- “prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;
- “young person” means a person who has attained the age of 18 but has not attained the age of 20.
- “*parent*” means a parent of a child or young person and includes any individual who—has parental responsibility for a child, orhas care of a child;
- “*prospective parent*” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;
- “*young person*” means a person who has attained the age of 18 but has not attained the age of 20.
### Miscellaneous
@@ -633,7 +633,7 @@
##### 28
For the purposes of section 38 of the Education Act [1997 (c. 44)](https://www.legislation.gov.uk/ukpga/1997/44) (inspection of local education authorities), the functions conferred on a Welsh local authority by or under this Part are to be regarded as functions conferred on a local education authority in their capacity as such.
For the purposes of section 38 of the Education Act 1997 (c. 44) (inspection of local education authorities), the functions conferred on a Welsh local authority by or under this Part are to be regarded as functions conferred on a local education authority in their capacity as such.
#### Powers of Assembly to secure proper performance etc.
@@ -643,15 +643,15 @@
- (2) Section 497 of the 1996 Act (general default powers) applies in relation to the duties imposed on a Welsh local authority by or for the purposes of this Part as it applies in relation to the duties imposed on a local education authority in Wales by or for the purposes of the 1996 Act.
- (3) Section 497A of the 1996 Act (power to secure proper performance of LEA’s functions) applies in relation to a Welsh local authority’s functions under this Part as it applies in relation to the functions of a local education authority in Wales mentioned in subsection (1) of that section.
- (3) Section 497A of the 1996 Act (power to secure proper performance of LEA's functions) applies in relation to a Welsh local authority's functions under this Part as it applies in relation to the functions of a local education authority in Wales mentioned in subsection (1) of that section.
- (4) Sections 497AA and 497B of the 1996 Act apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of a Welsh local authority under this Part.
- (5) In the application of sections 497A(2) to (7), 497AA and 497B of the 1996 Act in relation to a Welsh local authority’s functions under this Part, references to the local education authority are to be read as references to the local authority.
- (5) In the application of sections 497A(2) to (7), 497AA and 497B of the 1996 Act in relation to a Welsh local authority's functions under this Part, references to the local education authority are to be read as references to the local authority.
- (6) In subsection (5) of section 497A of the 1996 Act, the reference to functions to which that section applies includes (for all purposes) functions of a Welsh local authority under this Part.
- (7) In this section, “the 1996 Act” means the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56).
- (7) In this section, “*the 1996 Act*” means the Education Act 1996 (c. 56).
### Interpretation
@@ -661,9 +661,9 @@
In this Part—
- “childcare” means— child minding or day care within the meaning of Part 10A of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) in respect of which the provider is required to be registered under that Part; care provided by a person of a description approved in accordance with a scheme made by the Assembly under section 12(5) of the Tax Credits Act [2002 (c. 21)](https://www.legislation.gov.uk/ukpga/2002/21);
- “prescribed” means prescribed by regulations made by the Assembly.
- “*childcare*” means—child minding or day care within the meaning of Part 10A of the Children Act 1989 (c. 41) in respect of which the provider is required to be registered under that Part;care provided by a person of a description approved in accordance with a scheme made by the Assembly under section 12(5) of the Tax Credits Act 2002 (c. 21);
- “*prescribed*” means prescribed by regulations made by the Assembly.
## Part 3 — Regulation of Provision of Childcare in England
@@ -673,27 +673,7 @@
##### 31
- (1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—
- (a) the contribution of regulated early years provision in England to the well-being of children for whom it is provided;
- (b) the quality and standards of regulated early years provision in England;
- (c) how far regulated early years provision in England meets the needs of the range of children for whom it is provided;
- (d) the quality of leadership and management in connection with regulated early years provision in England.
- (2) In subsection (1), “regulated early years provision” means early years provision in respect of which a person is required to be registered under Chapter 2 or in respect of which he would be required to be registered under that Chapter but for section 34(2) (exemption for provision for children aged 3 or over at certain schools).
- (3) When asked to do so by the Secretary of State, the Chief Inspector must give advice to the Secretary of State on such matters relating to early years provision or later years provision in England as may be specified in the Secretary of State’s request.
- (4) The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with—
- (a) early years provision or later years provision in England generally, or
- (b) early years provision or later years provision in England by particular persons or on particular premises.
- (5) The Chief Inspector is to have such other functions in connection with early years provision or later years provision in England as may be assigned to him by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Maintenance of the two childcare registers
@@ -701,9 +681,9 @@
- (1) The Chief Inspector must maintain two registers.
- (2) The first register (“the early years register”) is to be a register of all persons who are registered as early years childminders or other early years providers under Chapter 2 (which provides for the compulsory registration of persons providing early years provision).
- (3) The second register (“the general childcare register”) is to be divided into two Parts.
- (2) The first register (“*the early years register*”) is to be a register of all persons who are registered as early years childminders or other early years providers under Chapter 2 (which provides for the compulsory registration of persons providing early years provision).
- (3) The second register (“*the general childcare register*”) is to be divided into two Parts.
- (4) The first Part (“Part A”) is to be a register of all persons who are registered as later years childminders or other later years providers under Chapter 3 (which provides for the compulsory registration of persons providing later years provision for children under the age of eight).
@@ -763,11 +743,11 @@
- (2) Subsection (1) does not apply in relation to early years provision for a child or children who has (or have) attained the age of three if—
- (a) the provision is made at any of the following schools as part of the school’s activities—
- (a) the provision is made at any of the following schools as part of the school's activities—
- (i) a maintained school,
- (ii) a school approved by the Secretary of State under section 342 of the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56) (approval of non-maintained special schools), or
- (ii) a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
- (iii) an independent school,
@@ -915,7 +895,7 @@
- (b) by regulations specify in accordance with section 43 such requirements as he considers appropriate governing the activities of early years providers to whom section 40 applies (“welfare requirements”).
- (2) The learning and development requirements and the welfare requirements are together to be known as “the Early Years Foundation Stage”.
- (2) The learning and development requirements and the welfare requirements are together to be known as “*the Early Years Foundation Stage*”.
#### Duty to implement Early Years Foundation Stage
@@ -969,7 +949,7 @@
- (b) the making in the timetables of any early years provider of provision of any particular kind for the periods to be allocated to such teaching.
- (6) In this section “a learning and development order” means an order under section 39(1)(a).
- (6) In this section “*a learning and development order*” means an order under section 39(1)(a).
#### Further provisions about assessment arrangements
@@ -999,7 +979,7 @@
- (6) A learning and development order specifying assessment arrangements may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provision conferring or imposing functions as mentioned in subsection (1)) as appear to the Secretary of State to be expedient; and any provisions made under such an order, on being published as specified in the order, are to have effect for the purposes of this Chapter as if made by the order.
- (7) In this section “a learning and development order” means an order under section 39(1)(a).
- (7) In this section “*a learning and development order*” means an order under section 39(1)(a).
#### Welfare requirements
@@ -1033,7 +1013,7 @@
- (b) that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (4) In this section “welfare regulations” means regulations under section 39(1)(b).
- (4) In this section “*welfare regulations*” means regulations under section 39(1)(b).
#### Instruments specifying learning and development or welfare requirements
@@ -1051,7 +1031,7 @@
- (b) in any proceedings under this Part.
- (5) In this section “a relevant instrument” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.
- (5) In this section “*a relevant instrument*” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.
#### Procedure for making certain orders
@@ -1097,19 +1077,19 @@
##### 47
- (1) In section 157 of the Education Act [2002 (c. 32)](https://www.legislation.gov.uk/ukpga/2002/32) (independent school standards) after subsection (1) insert—
- (1) In section 157 of the Education Act 2002 (c. 32) (independent school standards) after subsection (1) insert—
> (1A) In relation to England, the standards do not apply to early years provision for pupils who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006).
- (2) For subsection (2) of that section substitute—
> (2) In this Chapter “independent school standards” means—
> (2) In this Chapter “*independent school standards*” means—
> (a) the standards for the time being prescribed under this section, and
> (b) in relation to early years provision in England for pupils who have attained the age of three, the Early Years Foundation Stage.
- (3) In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the definition of “Chief Inspector” insert—
> “early years provision”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;
> “*early years provision*”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;
.
@@ -1117,7 +1097,7 @@
##### 48
Schedule 1 (which contains amendments relating to the preceding provisions of this Chapter, including amendments excluding or modifying the application to early years provision of provisions of Part 6 of the Education Act [2002 (c. 32)](https://www.legislation.gov.uk/ukpga/2002/32)) has effect.
Schedule 1 (which contains amendments relating to the preceding provisions of this Chapter, including amendments excluding or modifying the application to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32)) has effect.
### Inspection
@@ -1177,7 +1157,7 @@
- (c) authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.
- (4) Subsections (2) to (4) of section 11 of the Education Act [2005 (c. 18)](https://www.legislation.gov.uk/ukpga/2005/18) (publication of inspection reports) apply in relation to the publication of a report under subsection (2) of this section as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of section 11.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Interpretation
@@ -1187,15 +1167,15 @@
In this Chapter—
- “assessment arrangements” is to be read in accordance with section 41(2)(c);
- “early learning goals” is to be read in accordance with section 41(2)(a);
- “educational programmes” is to be read in accordance with section 41(2)(b);
- “learning and development requirements” means requirements specified by order under section 39(1)(a);
- “welfare requirements” means requirements specified by regulations under section 39(1)(b).
- “*assessment arrangements*” is to be read in accordance with section 41(2)(c);
- “*early learning goals*” is to be read in accordance with section 41(2)(a);
- “*educational programmes*” is to be read in accordance with section 41(2)(b);
- “*learning and development requirements*” means requirements specified by order under section 39(1)(a);
- “*welfare requirements*” means requirements specified by regulations under section 39(1)(b).
### Chapter 3 — Regulation of later years provision for children under 8
@@ -1251,11 +1231,11 @@
- (2) Subsection (1) does not apply in relation to later years provision for a child if—
- (a) the provision is made at any of the following schools as part of the school’s activities—
- (a) the provision is made at any of the following schools as part of the school's activities—
- (i) a maintained school,
- (ii) a school approved by the Secretary of State under section 342 of the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56) (approval of non-maintained special schools), or
- (ii) a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
- (iii) an independent school,
@@ -1509,7 +1489,7 @@
- (c) authorising the registered person in prescribed cases to charge a fee for providing a copy of the report.
- (4) Subsections (2) to (4) of section 11 of the Education Act [2005 (c. 18)](https://www.legislation.gov.uk/ukpga/2005/18)(publication of inspection reports) apply in relation to the publication of a report under subsection (2) of this section as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of section 11.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chapter 4 — Voluntary registration
@@ -1577,11 +1557,11 @@
- (3) An application under subsection (1) may not be made in respect of provision for a child who has attained the age of three if—
- (a) the provision is made at any of the following schools as part of the school’s activities—
- (a) the provision is made at any of the following schools as part of the school's activities—
- (i) a maintained school,
- (ii) a school approved by the Secretary of State under section 342 of the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56) (approval of non-maintained special schools), or
- (ii) a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or
- (iii) an independent school,
@@ -1717,7 +1697,7 @@
- (2) The Chief Inspector may cancel the registration of a person registered under Chapter 2, 3 or 4 if it appears to him—
- (a) that the prescribed requirements for registration which apply in relation to the person’s registration under that Chapter have ceased, or will cease, to be satisfied,
- (a) that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,
- (b) that the person has failed to comply with a condition imposed on his registration under that Chapter,
@@ -1763,7 +1743,7 @@
- (10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (11) In this Part, “the Tribunal” means the Tribunal established by section 9 of the Protection of Children Act [1999 (c. 14)](https://www.legislation.gov.uk/ukpga/1999/14).
- (11) In this Part, “*the Tribunal*” means the Tribunal established by section 9 of the Protection of Children Act 1999 (c. 14).
#### Voluntary removal from register
@@ -1801,7 +1781,7 @@
- (1) In relation to a person registered under Chapter 2, 3 or 4, the Chief Inspector may apply to a justice of the peace for an order—
- (a) cancelling the person’s registration;
- (a) cancelling the person's registration;
- (b) varying or removing a condition to which his registration is subject;
@@ -1831,7 +1811,7 @@
- (b) sending them by post.
- (7) For the purposes of this section, “harm” has the same meaning as in the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.
- (7) For the purposes of this section, “*harm*” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.
### Registration – procedural safeguards
@@ -1843,25 +1823,25 @@
- (a) refuse an application for registration;
- (b) impose a new condition on a person’s registration;
- (c) vary or remove any condition imposed on a person’s registration;
- (b) impose a new condition on a person's registration;
- (c) vary or remove any condition imposed on a person's registration;
- (d) refuse to grant an application for the variation or removal of any such condition;
- (e) cancel a person’s registration.
- (e) cancel a person's registration.
- (2) The Chief Inspector must give to the applicant or (as the case may be) the registered person notice of his intention to take the step in question.
- (3) The notice must—
- (a) give the Chief Inspector’s reasons for proposing to take the step, and
- (a) give the Chief Inspector's reasons for proposing to take the step, and
- (b) inform the person concerned of his rights under this section.
- (4) The Chief Inspector may not take the step until the end of the period of 14 days beginning with the day on which he gives notice under subsection (2) unless the applicant or (as the case may be) the registered person notifies the Chief Inspector that he does not wish to object to the step being taken.
- (5) If the recipient of a notice under subsection (2) (“the recipient”) gives notice to the Chief Inspector that he wishes to object to the step being taken, the Chief Inspector must give him an opportunity to object before deciding whether to take the step.
- (5) If the recipient of a notice under subsection (2) (“*the recipient*”) gives notice to the Chief Inspector that he wishes to object to the step being taken, the Chief Inspector must give him an opportunity to object before deciding whether to take the step.
- (6) An objection made in pursuance of subsection (5) may be made orally or in writing and in either case may be made by the recipient or his representative.
@@ -1877,7 +1857,7 @@
- (10) If the Chief Inspector gives notice to an applicant for registration under Chapter 2 or 3 that he intends to refuse his application, the application may not be withdrawn without the consent of the Chief Inspector.
- (11) In this section and in section 74, “a new condition” means a condition imposed otherwise than at the time of the person’s registration.
- (11) In this section and in section 74, “*a new condition*” means a condition imposed otherwise than at the time of the person's registration.
#### Appeals
@@ -1905,7 +1885,7 @@
- (b) direct that it shall not have, or shall cease to have, effect.
- (5) Unless the Tribunal has confirmed the taking of a step mentioned in subsection (1)(a) or (e) or the making of an order under section 72(2) cancelling a person’s registration, the Tribunal may also do either or both of the following—
- (5) Unless the Tribunal has confirmed the taking of a step mentioned in subsection (1)(a) or (e) or the making of an order under section 72(2) cancelling a person's registration, the Tribunal may also do either or both of the following—
- (a) impose conditions on the registration of the person concerned;
@@ -1917,15 +1897,15 @@
##### 75
- (1) In this section, “registration” means registration under Chapters 2, 3 and 4.
- (1) In this section, “*registration*” means registration under Chapters 2, 3 and 4.
- (2) Regulations may provide for a person to be disqualified from registration.
- (3) The regulations may, in particular, provide for a person to be disqualified from registration if—
- (a) he is included in the list kept under section 1 of the Protection of Children Act [1999 (c. 14)](https://www.legislation.gov.uk/ukpga/1999/14);
- (b) he is subject to a direction under section 142 of the Education Act [2002 (c. 32)](https://www.legislation.gov.uk/ukpga/2002/32) on the grounds that he is unsuitable to work with children or on grounds relating to his health;
- (a) he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);
- (b) he is subject to a direction under section 142 of the Education Act 2002 (c. 32) on the grounds that he is unsuitable to work with children or on grounds relating to his health;
- (c) an order of a prescribed kind has been made at any time with respect to him;
@@ -1933,15 +1913,15 @@
- (e) a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
- (f) he has at any time been refused registration under Chapter 2, 3 or 4 of this Part of this Act or under Part 10 or Part 10A of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) or any prescribed enactment, or had any such registration cancelled;
- (f) he has at any time been refused registration under Chapter 2, 3 or 4 of this Part of this Act or under Part 10 or Part 10A of the Children Act 1989 (c. 41) or any prescribed enactment, or had any such registration cancelled;
- (g) he has been convicted of an offence of a prescribed kind or has been discharged absolutely or conditionally for such an offence;
- (h) he has been given a caution in respect of an offence of a prescribed kind;
- (i) he has at any time been disqualified from fostering a child privately (within the meaning of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41));
- (j) a prohibition has been imposed on him at any time under section 69 of the Children Act 1989, section 10 of the Foster Children (Scotland) Act [1984 (c. 56)](https://www.legislation.gov.uk/ukpga/1984/56) or any prescribed enactment;
- (i) he has at any time been disqualified from fostering a child privately (within the meaning of the Children Act 1989 (c. 41));
- (j) a prohibition has been imposed on him at any time under section 69 of the Children Act 1989, section 10 of the Foster Children (Scotland) Act 1984 (c. 56) or any prescribed enactment;
- (k) his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
@@ -1955,13 +1935,13 @@
- (a) he has disclosed the fact to the Chief Inspector, and
- (b) the Chief Inspector has consented in writing to the person’s not being disqualified from registration and has not withdrawn his consent.
- (b) the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn his consent.
- (6) In this section—
- ‘“caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act [1998 (c. 37)](https://www.legislation.gov.uk/ukpga/1998/37);
- “enactment” means any enactment having effect at any time in any part of the United Kingdom.
- ‘ “*caution*” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998 (c. 37);
- “*enactment*” means any enactment having effect at any time in any part of the United Kingdom.
- (7) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this section.
@@ -2003,7 +1983,7 @@
- (7) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.
- (8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act [2003 (c. 44)](https://www.legislation.gov.uk/ukpga/2003/44) (alteration of penalties for summary offences), the reference in subsection (7) to 51 weeks is to be read as a reference to 6 months.
- (8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (7) to 51 weeks is to be read as a reference to 6 months.
### Rights of entry
@@ -2011,15 +1991,15 @@
##### 77
- (1) A person authorised for the purposes of this subsection by the Chief Inspector may at any reasonable time enter any premises in England if he has reasonable cause to believe that early years provision or later years provision is being provided on the premises in breach of section 33(1), 34(1), 52(1) or 53(1).
- (2) A person authorised for the purposes of this subsection by the Chief Inspector may at any reasonable time enter any premises in England on which early years provision or later years provision in respect of which a person is registered under this Part is being provided—
- (1) ... the Chief Inspector may at any reasonable time enter any premises in England if he has reasonable cause to believe that early years provision or later years provision is being provided on the premises in breach of section 33(1), 34(1), 52(1) or 53(1).
- (2) ... the Chief Inspector may at any reasonable time enter any premises in England on which early years provision or later years provision in respect of which a person is registered under this Part is being provided—
- (a) for the purpose of conducting an inspection under section 49 or 60, or
- (b) for the purpose of determining whether any conditions or requirements imposed by or under this Part are being complied with.
- (3) Authorisation under subsection (1) or (2)—
- (3) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to his functions under subsection (1) or (2)—
- (a) may be given for a particular occasion or period;
@@ -2045,11 +2025,11 @@
- (g) interview in private any person caring for children, or living or working, on the premises who consents to be interviewed.
- (5) A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b)) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section.
- (6) Section 58 of the Education Act [2005 (c. 18)](https://www.legislation.gov.uk/ukpga/2005/18) (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
- (7) A person exercising any power conferred by this section must, if so required, produce a duly authenticated document showing his authority to do so.
- (5) A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b)) require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under this section.
- (6) Section 58 of the Education Act 2005 (c. 18) (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) A person commits an offence if he intentionally obstructs a person exercising any power under this section.
@@ -2061,7 +2041,7 @@
##### 78
- (1) This section applies where a person (“the authorised person”) proposes to enter domestic premises in pursuance of—
- (1) This section applies where a person (“*the authorised person*”) proposes to enter domestic premises in pursuance of—
- (a) provision made by virtue of section 42(1) and (4) in a learning and development order specifying assessment arrangements in relation to early years provision, or
@@ -2079,29 +2059,29 @@
- (4) In this section—
- “a learning and development order” means an order under section 39(1)(a);
- “occupier” does not include the person providing the early years or later years rovision.
- “*a learning and development order*” means an order under section 39(1)(a);
- “*occupier*” does not include the person providing the early years or later years rovision.
#### Power of constable to assist in exercise of powers of entry
##### 79
- (1) A person authorised for the purpose of subsection (1) or (2) of section 77 may apply to a court for a warrant under this section.
- (2) If it appears to the court that the authorised person—
- (1) The Chief Inspector may apply to a court for a warrant under this section.
- (2) If it appears to the court that the Chief Inspector—
- (a) has attempted to exercise a power conferred on him by section 77 but has been prevented from doing so, or
- (b) is likely to be prevented from exercising any such power,
the court may issue a warrant authorising any constable to assist that person in the exercise of the power, using reasonable force if necessary.
the court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.
- (3) A warrant issued under this section must be addressed to, and executed by, a constable.
- (4) Schedule 11 to the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.
- (5) In this section, “court” means the High Court, a county court or a magistrates' court but this is subject to any provision which may be made (by virtue of subsection (4)) by or under Schedule 11 to the Children Act 1989.
- (4) Schedule 11 to the Children Act 1989 (c. 41) (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.
- (5) In this section, “*court*” means the High Court, a county court or a magistrates' court but this is subject to any provision which may be made (by virtue of subsection (4)) by or under Schedule 11 to the Children Act 1989.
### Reports and information
@@ -2109,59 +2089,45 @@
##### 80
- (1) This section applies if, following inspections under this Part of early years or later years provision, the Chief Inspector—
- (a) is required to make more than one report under section 50(1) or determines to make more than one report under section 61(1), or
- (b) is required to make one or more reports under section 50(1) and determines to make one or more reports under section 61(1).
- (2) If the Chief Inspector considers it appropriate, he may—
- (a) combine any two or more of those reports in a single document (“a combined report”), and
- (b) to such extent as he considers appropriate, combine the substantive reports.
- (3) If the Chief Inspector combines reports under this section, the powers and duties which apply in relation to each report by virtue of section 50(2) or 61(2) are to be read as applying instead to the combined report.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information to be included in annual reports
##### 81
- (1) The annual reports of the Chief Inspector required by section 3(a) of the Education Act [2005 (c. 18)](https://www.legislation.gov.uk/ukpga/2005/18) to be made to the Secretary of State must include an account of the exercise of the Chief Inspector’s functions under this Part in relation to early years provision and later years provision.
- (2) The power conferred on the Chief Inspector by section 3(b) of that Act includes a power to make reports with respect to matters which fall within the scope of his functions by virtue of the provisions of this Part relating to early years provision and later years provision.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supply of information to Chief Inspector
##### 82
The Chief Inspector may at any time require any person registered under this Part to provide him with any information connected with the person’s activities as an early years provider or later years provider which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part.
The Chief Inspector may at any time require any person registered under this Part to provide him with any information connected with the person's activities as an early years provider or later years provider which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part.
#### Supply of information to HMRC and local authorities
##### 83
- (1) The Chief Inspector must provide prescribed information to Her Majesty’s Revenue and Customs, and the relevant local authority, if he takes any of the following steps under this Part—
- (a) grants a person’s application for registration;
- (b) gives notice of his intention to cancel a person’s registration;
- (c) cancels a person’s registration;
- (d) suspends a person’s registration;
- (e) removes a person from the register at that person’s request.
- (2) The Chief Inspector must also provide prescribed information to Her Majesty’s Revenue and Customs, and the relevant local authority, if an order is made under section 72(2).
- (1) The Chief Inspector must provide prescribed information to Her Majesty's Revenue and Customs, and the relevant local authority, if he takes any of the following steps under this Part—
- (a) grants a person's application for registration;
- (b) gives notice of his intention to cancel a person's registration;
- (c) cancels a person's registration;
- (d) suspends a person's registration;
- (e) removes a person from the register at that person's request.
- (2) The Chief Inspector must also provide prescribed information to Her Majesty's Revenue and Customs, and the relevant local authority, if an order is made under section 72(2).
- (3) The information which may be prescribed for the purposes of this section is—
- (a) in the case of information to be provided to Her Majesty’s Revenue and Customs, information which Her Majesty’s Revenue and Customs may require for the purposes of their functions in relation to tax credits;
- (a) in the case of information to be provided to Her Majesty's Revenue and Customs, information which Her Majesty's Revenue and Customs may require for the purposes of their functions in relation to tax credits;
- (b) in the case of information to be provided to the relevant local authority, information which would assist the local authority in the discharge of their functions under section 12.
- (4) In this section, “the relevant local authority” means the English local authority for the area in which the person provides (or, as the case may be, has provided) the early years provision or later years provision in respect of which he is (or was) registered.
- (4) In this section, “*the relevant local authority*” means the English local authority for the area in which the person provides (or, as the case may be, has provided) the early years provision or later years provision in respect of which he is (or was) registered.
#### Disclosure of information for certain purposes
@@ -2211,7 +2177,7 @@
- (2) For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.
- (3) In proceedings for an offence under this Part brought against an unincorporated association, section 33 of the Criminal Justice Act [1925 (c. 86)](https://www.legislation.gov.uk/ukpga/1925/86) and Schedule 3 to the Magistrates' Courts Act [1980 (c. 43)](https://www.legislation.gov.uk/ukpga/1980/43) (procedure) apply as they do in relation to a body corporate.
- (3) In proceedings for an offence under this Part brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate.
- (4) A fine imposed on an unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the association.
@@ -2333,9 +2299,9 @@
##### 95
- (1) Section 4 of the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56) (schools: general) is amended as follows.
- (2) In subsection (1) after “In this Act” insert “(subject to subsection (1A))”.
- (1) Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as follows.
- (2) In subsection (1) after “In this Act” insert “ (subject to subsection (1A)) ”.
- (3) After subsection (1) insert—
@@ -2352,23 +2318,23 @@
- (1) This section applies for the purposes of this Part.
- (2) “Early years provision” means the provision of childcare for a young child.
- (3) “Early years provider” means a person who provides early years provision.
- (4) Subject to subsection (5), “early years childminding” means early years provision on domestic premises for reward (and “early years childminder” is to be read accordingly).
- (2) “*Early years provision*” means the provision of childcare for a young child.
- (3) “*Early years provider*” means a person who provides early years provision.
- (4) Subject to subsection (5), “*early years childminding*” means early years provision on domestic premises for reward (and “early years childminder” is to be read accordingly).
- (5) Early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three.
- (6) “Later years provision”, in relation to a child, means the provision of childcare at any time during the period—
- (6) “*Later years provision*”, in relation to a child, means the provision of childcare at any time during the period—
- (a) beginning with the 1st September next following the date on which he attains the age of five, and
- (b) ending with such day as may be prescribed.
- (7) “Later years provider” means a person who provides later years provision.
- (8) Subject to subsection (9), “later years childminding” means later years provision on domestic premises for reward (and “later years childminder” is to be read accordingly).
- (7) “*Later years provider*” means a person who provides later years provision.
- (8) Subject to subsection (9), “*later years childminding*” means later years provision on domestic premises for reward (and “later years childminder” is to be read accordingly).
- (9) Later years provision on domestic premises for reward is not later years childminding if at any time the number of persons providing the later years provision on the premises or assisting with the provision exceeds three.
@@ -2378,7 +2344,7 @@
- (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.
- (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
@@ -2386,37 +2352,37 @@
- (1) In this Part—
- “the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England;
- “childcare” has the meaning given by section 18;
- “domestic premises” means premises which are used wholly or mainly as a private dwelling;
- “early years provision” has the meaning given by section 96(2);
- “early years provider” has the meaning given by section 96(3);
- “*the Chief Inspector*” means Her Majesty's Chief Inspector of Schools in England;
- “*childcare*” has the meaning given by section 18;
- “*domestic premises*” means premises which are used wholly or mainly as a private dwelling;
- “*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 provision” has the meaning given by section 96(6);
- “later years provider” has the meaning given by section 96(7);
- “*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;
- “prescribed” means prescribed by regulations;
- “proprietor”, in relation to a school, has the same meaning as in the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56);
- “regulations” means regulations made by the Secretary of State;
- “the Tribunal” has the meaning given by section 69(11);
- “young child” has the meaning given by section 19.
- (2) For the purposes of section 7 of the Interpretation Act [1978 (c. 30)](https://www.legislation.gov.uk/ukpga/1978/30) (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.
- “*premises*” includes any area and any vehicle;
- “*prescribed*” means prescribed by regulations;
- “*proprietor*”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56);
- “*regulations*” means regulations made by the Secretary of State;
- “*the Tribunal*” has the meaning given by section 69(11);
- “*young child*” has the meaning given by section 19.
- (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
@@ -2434,7 +2400,7 @@
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—
- (2) In subsection (1), “*the relevant person*” means one or more of the following—
- (a) the Secretary of State, and
@@ -2482,15 +2448,15 @@
- (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;
- “prescribed” means prescribed by regulations;
- “regulations” means regulations made by the Secretary of State.
- “*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;
- “*prescribed*” means prescribed by regulations;
- “*regulations*” means regulations made by the Secretary of State.
#### Provision of information about young children: transitory provision
@@ -2500,7 +2466,7 @@
- (2) In subsection (1)—
- (a) after “requiring” insert “a person who provides funded nursery education”, and
- (a) after “requiring” insert “ a person who provides funded nursery education ”, and
- (b) omit paragraphs (a) and (b).
@@ -2508,7 +2474,7 @@
- (a) for the definition of “early years provision” substitute—
> “funded nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act [1998 (c. 31)](https://www.legislation.gov.uk/ukpga/1998/31), which is provided by any person—
> “*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—
> (a) under arrangements made with that person by a local education authority in England 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,
> other than such education provided by a school for its pupils;
@@ -2517,9 +2483,9 @@
- (b) for the definition of “individual child information” substitute—
- “individual child information” means information relating to and identifying individual children for whom funded nursery education is being or has been provided, whether obtained under subsection (1) or otherwise;”, and
- (c) in the definition of “information collator” for “early years provision” substitute “funded nursery education”.
“*individual child information*” means information relating to and identifying individual children for whom funded nursery education is being or has been provided, whether obtained under subsection (1) or otherwise;”, and
- (c) in the definition of “information collator” for “early years provision” substitute “ funded nursery education ”.
#### Provision of information about children: Wales
@@ -2527,13 +2493,13 @@
- (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)](https://www.legislation.gov.uk/ukpga/1989/41) to provide child minding or day care, and
- (a) a person who is registered under Part 10A of the Children Act 1989 (c. 41) 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—
- (2) In subsection (1), “*the relevant person*” means one or more of the following—
- (a) the Assembly, and
@@ -2581,17 +2547,17 @@
- (9) In this section—
- “child minding” and “day care” have the same meaning as in Part 10A of the Children Act 1989;
- “funded nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act [1998 (c. 31)](https://www.legislation.gov.uk/ukpga/1998/31), which is provided by any person— under arrangements made with that person by a local education authority in Wales in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and in 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.
- “*child minding*” and “*day care*” have the same meaning as in Part 10A of the Children Act 1989;
- “*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 education authority in Wales in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA 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
@@ -2599,11 +2565,11 @@
##### 102
- (1) Paragraph 4 of Schedule 9A to the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) (disqualification for registration) is amended as follows.
- (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
- (a) in paragraph (b) after “children” insert “ or on grounds relating to his health ”, and
- (b) after paragraph (g) insert—
@@ -2614,8 +2580,8 @@
- (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.
> - “*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
@@ -2669,27 +2635,27 @@
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 school” has the same meaning as in the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56);
- “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)](https://www.legislation.gov.uk/ukpga/1998/31);
- “parental responsibility” has the same meaning as in the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41);
- “registered pupil” has the same meaning as in the Education Act [1996 (c. 56)](https://www.legislation.gov.uk/ukpga/1996/56);
- “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).
- “*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 school*” has the same meaning as in the Education Act 1996 (c. 56);
- “*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);
- “*registered pupil*” has the same meaning as in the Education Act 1996 (c. 56);
- “*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
@@ -2773,7 +2739,7 @@
##### 1
In this Schedule “the 2002 Act” means the Education Act [2002 (c. 32)](https://www.legislation.gov.uk/ukpga/2002/32).
In this Schedule “*the 2002 Act*” means the Education Act 2002 (c. 32).
#### Education Act 1997 (c. 44)
@@ -2796,13 +2762,13 @@
- (a) for the definition of “funded nursery education” and the “and” immediately following it substitute—
> “early years provider” and “early years provision” have the same meaning as in Part 3 of the Childcare Act 2006;
> “*early years provider*” and “*early years provision*” have the same meaning as in Part 3 of the Childcare Act 2006;
, and
- (b) at the end insert—
> “young children” has the same meaning as in Part 3 of the Childcare Act 2006.
> “*young children*” has the same meaning as in Part 3 of the Childcare Act 2006.
#### Education Act 2002 (c. 32)
@@ -2812,7 +2778,7 @@
- (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;
> “*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;
.
@@ -2845,9 +2811,9 @@
- (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”.
- (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
@@ -2915,7 +2881,7 @@
- (a) omit “83(3)”, and
- (b) for “87(2)(a) or (b) or (3)(a) or (b)” substitute “87(3)(a) or (b)”.
- (b) for “87(2)(a) or (b) or (3)(a) or (b)” substitute “ 87(3)(a) or (b) ”.
##### 16
@@ -2923,7 +2889,7 @@
- (a) omit subsection (3)(c), and
- (b) in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “87(3)(c)”.
- (b) in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “ 87(3)(c) ”.
## SCHEDULE 2
@@ -2962,9 +2928,9 @@
In section 18 of the Children Act 1989 (day care for pre-school and other children)—
- (a) in subsection (2), after “local authority” insert “in Wales”;
- (b) in subsection (6), after “local authority” insert “in Wales”.
- (a) in subsection (2), after “local authority” insert “ in Wales ”;
- (b) in subsection (6), after “local authority” insert “ in Wales ”.
##### 5
@@ -2972,7 +2938,7 @@
##### 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”.
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
@@ -2982,13 +2948,13 @@
- (b) for subsection (2) substitute—
> (2) In this Act “the Assembly” means the National Assembly for Wales.
> (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.
> (7) “*Regulations*” means regulations made by the Assembly.
##### 8
@@ -3006,7 +2972,7 @@
- (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”.
- (c) in subsection (5), after “premises” insert “ in Wales ”.
##### 10
@@ -3014,7 +2980,7 @@
##### 11
In section 79K of the Children Act 1989 (protection of children in an emergency), in subsection (1) after “registered” insert “under this Part”.
In section 79K of the Children Act 1989 (protection of children in an emergency), in subsection (1) after “registered” insert “ under this Part ”.
##### 12
@@ -3030,11 +2996,11 @@
##### 15
In section 79V of the Children Act 1989 (function of local authorities), after “local authority” insert “in Wales”.
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”.
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
@@ -3044,31 +3010,31 @@
- (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”.
- (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”.
- (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
- (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—
@@ -3078,9 +3044,9 @@
- (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”.
- (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).
@@ -3098,19 +3064,19 @@
##### 20
In the heading to section 17 of the Education Act 1996, for “nursery education” substitute “nursery schools”.
In the heading to section 17 of the Education Act 1996, for “nursery education” substitute “ nursery schools ”.
##### 21
In section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs), in subsection (3A)(a) for “receiving relevant nursery education” substitute “receiving relevant early years education”.
In section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs), in subsection (3A)(a) for “receiving relevant nursery education” substitute “ receiving relevant early years education ”.
##### 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”.
- (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) For subsection (14) substitute—
@@ -3122,11 +3088,11 @@
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
- (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—
> (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
@@ -3136,12 +3102,12 @@
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
- (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—
> “*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.
@@ -3149,55 +3115,55 @@
- (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”.
- (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
- (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.
> (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.
> - “*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”.
- (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
- (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.
> (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.
> - “*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”.
- (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—
> (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
@@ -3207,7 +3173,7 @@
##### 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”.
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)
@@ -3217,7 +3183,7 @@
- (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;
> (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;
,
@@ -3231,9 +3197,9 @@
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”.
- (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
@@ -3243,31 +3209,31 @@
- (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”.
- (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”.
- (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”.
- (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
- (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—
> (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
@@ -3285,19 +3251,19 @@
- (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”.
- (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”.
- (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)—
@@ -3309,17 +3275,17 @@
- (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”.
> (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”.
- (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—
@@ -3341,7 +3307,7 @@
##### 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”.
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
@@ -3371,7 +3337,7 @@
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—
> “*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,
@@ -3383,17 +3349,13 @@
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
- (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
In section 176 of the Education Act 2002 (consultation with pupils) in subsection (3) for the definition of “pupil” substitute—
> “pupil” does not include a child who is being provided with early years education (whether at a school or elsewhere) and, for this purpose, “early years education” means—
> (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006, and
> (b) in relation to Wales, nursery education.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Children Act 2004 (c. 31)
@@ -3411,9 +3373,9 @@
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”,
- (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
@@ -3635,1243 +3597,3 @@
[^key-73cc45c7f27cadb8fd0692b9099fe696]: [Sch. 2 para. 40](https://www.legislation.gov.uk/ukpga/2006/21/schedule/2/paragraph/40) in force at 6.4.2007 by [S.I. 2007/1019](https://www.legislation.gov.uk/uksi/2007/1019), [art. 4](https://www.legislation.gov.uk/uksi/2007/1019/article/4) (with [art. 6](https://www.legislation.gov.uk/uksi/2007/1019/article/6), [Sch. para. 6](https://www.legislation.gov.uk/uksi/2007/1019/schedule/paragraph/6))
[^key-d7c9bf009f5808c1df27ca0cbe9df889]: [Sch. 2 para. 43](https://www.legislation.gov.uk/ukpga/2006/21/schedule/2/paragraph/43) in force at 6.4.2007 by [S.I. 2007/1019](https://www.legislation.gov.uk/uksi/2007/1019), [art. 4](https://www.legislation.gov.uk/uksi/2007/1019/article/4) (with [art. 6](https://www.legislation.gov.uk/uksi/2007/1019/article/6), [Sch. para. 7](https://www.legislation.gov.uk/uksi/2007/1019/schedule/paragraph/7))
#### General duties of local authority in relation to well-being of young children
### Children's centres
##### 5A
- (1) Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need.
- (2) “Local need” is the need of parents, prospective parents and young children in the authority's area.
- (3) In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres—
- (a) that are provided outside the authority's area, or
- (b) that the authority expect to be provided outside their area.
- (4) For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places—
- (a) which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner,
- (b) through which each of the early childhood services is made available, and
- (c) at which activities for young children are provided, whether by way of early years provision or otherwise.
- (5) For the purposes of this section, a service is made available—
- (a) by providing the service, or
- (b) by providing advice and assistance to parents and prospective parents on gaining access to the service.
- (6) Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to—
- (a) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a);
- (b) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b).
- (7) A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre.
##### 5B
- (1) Regulations may make provision about the staffing, organisation and operation of children's centres.
- (2) The regulations may in particular—
- (a) require English local authorities to secure that children's centres have governing bodies;
- (b) impose obligations and confer powers on any such governing bodies.
##### 5C
- (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.
- (2) The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board.
- (3) A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority.
- (4) An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit.
- (5) An advisory board must include persons representing the interests of—
- (a) each children's centre within its remit;
- (b) the responsible authority;
- (c) parents or prospective parents in the responsible authority's area.
- (6) An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate.
- (7) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
- (8) The guidance may in particular relate to—
- (a) the membership of advisory boards;
- (b) the organisation and operation of advisory boards.
- (9) The “ *responsible authority* ”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements.
##### 5D
- (1) An English local authority must secure that such consultation as they think appropriate is carried out—
- (a) before making arrangements under section 3(2) for the provision of a children's centre;
- (b) before any significant change is made in the services provided through a relevant children's centre;
- (c) before anything is done that would result in a relevant children's centre ceasing to be a children's centre.
- (2) In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
- (3) For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services.
- (4) A “ *relevant children's centre* ”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2).
#### Duty to consider providing services through a children's centre
##### 5E
- (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.
- (2) The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres.
- (3) Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres.
- (4) In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would—
- (a) facilitate access to it, or
- (b) maximise its benefit to parents, prospective parents and young children.
- (5) In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State.
- (6) For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body.
- (7) For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre.
##### 5F
- (1) This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre.
- (2) To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2).
- (3) “The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
##### 5G
In sections 5A to 5F—
- “ *children's centre* ” has the meaning given by section 5A(4);
- “ *early childhood services* ” has the same meaning as in section 3;
- “ *parent* ” and “ *prospective parent* ” have the same meaning as in section 2;
- “ *relevant partner* ” has the same meaning as in section 4.
#### Duty to secure sufficient childcare for working parents
#### Charges for early years provision at maintained school
#### Meaning of childcare
#### Requirement for consent to entry
#### Combined reports
#### Fees
#### Meaning of early years and later years provision etc.
## Part 3A — Inspection of children's centres
##### 98A
- (1) The Chief Inspector must—
- (a) inspect a children's centre at such intervals as may be prescribed;
- (b) inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection.
- (2) The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
- (3) Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a).
- (4) A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to—
- (a) children's centres generally;
- (b) a class of children's centres;
- (c) a particular children's centre.
- (5) For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area.
- (6) If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a).
##### 98B
- (1) After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing.
- (2) The report must address the centre's contribution to—
- (a) facilitating access to early childhood services by parents, prospective parents and young children;
- (b) maximising the benefit of those services to parents, prospective parents and young children;
- (c) improving the well-being of young children.
- (3) Regulations may make provision, for the purposes of subsection (2), about—
- (a) matters required to be dealt with in the report;
- (b) matters not required to be dealt with in the report.
- (4) The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively.
- (5) The Chief Inspector—
- (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy;
- (b) must ensure that a copy of the report is sent without delay to the relevant local authority;
- (c) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.
- (6) For the purposes of this section and section 98C, the “*relevant local authority*”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided.
##### 98C
- (1) This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b).
- (2) The authority may—
- (a) send a copy of the report (or parts of it) to any person they think appropriate;
- (b) otherwise publish the report (or parts of it) in any manner they think appropriate.
- (3) The authority must secure that a written statement within subsection (4) is prepared and published.
- (4) A statement within this subsection is one setting out—
- (a) the action that each relevant person proposes to take in the light of the report, and
- (b) the period within which each relevant person proposes to take that action.
- (5) For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre—
- (a) the relevant local authority;
- (b) any person or body, other than the relevant local authority, managing the centre.
- (6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
##### 98D
- (1) The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A.
- (2) “Relevant premises”, for the purposes of subsection (1), are—
- (a) premises on which services or activities are being provided through the children's centre;
- (b) premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre.
- (3) But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1).
- (4) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)—
- (a) may be given for a particular occasion or period;
- (b) may be given subject to conditions.
- (5) Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section.
- (6) The inspector may—
- (a) inspect the premises;
- (b) take measurements and photographs or make recordings;
- (c) inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare;
- (d) interview in private any person working on the premises who consents to be interviewed.
- (7) The inspector may inspect, and take copies of, any records or documents relating to—
- (a) the services or activities provided through the children's centre;
- (b) the staffing, organisation or operation of the children's centre.
- (8) The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section.
- (9) Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
- (10) In this section “documents” and “records” each include information recorded in any form.
##### 98E
- (1) A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D.
- (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
##### 98F
- (1) The Chief Inspector may apply to a court for a warrant under this section.
- (2) Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector—
- (a) has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or
- (b) is likely to be prevented from exercising any such power.
- (3) The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.
- (4) A warrant under this section must be addressed to, and executed by, a constable.
- (5) Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.
- (6) Subject to any provision made (by virtue of subsection (5)) by or under Schedule 11 to the Children Act 1989, “court” in this section means—
- (a) the High Court;
- (b) a county court;
- (c) a magistrates' court.
##### 98G
In sections 98A to 98F—
- “*the Chief Inspector*” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
- “*children's centre*” has the meaning given by section 5A(4);
- “*relevant partner*” has the same meaning as in section 4.
#### Provision of information about children: Wales
#### Minor and consequential amendments and repeals
#### Welfare requirements
#### Requirement for consent to entry
#### Combined reports
#### Fees
#### Meaning of early years and later years provision etc.
#### Provision of information about children: Wales
#### Minor and consequential amendments and repeals
#### Requirement for consent to entry
#### Fees
#### Meaning of early years and later years provision etc.
#### Provision of information about children: Wales
#### Minor and consequential amendments and repeals
#### Welfare requirements
#### Consequences of disqualification
#### Requirement for consent to entry
#### Combined reports
#### Fees
#### Meaning of early years and later years provision etc.
#### Provision of information about children: Wales
#### Minor and consequential amendments and repeals
#### Duty to consider providing services through a children's centre
##### 13A
- (1) This subsection applies to information held for the purposes of functions relating to tax credits—
- (a) by the Commissioners for Her Majesty's Revenue and Customs, or
- (b) by a person providing services to them, in connection with the provision of those services.
- (2) This subsection applies to information held for the purposes of functions relating to social security—
- (a) by the Secretary of State, or
- (b) by a person providing services to the Secretary of State, in connection with the provision of those services.
- (3) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision.
- (4) Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose.
- (5) Information received by virtue of subsection (3) may be supplied—
- (a) to another person to whom it could have been supplied under that subsection, or
- (b) to an English local authority,
for use for that purpose.
- (6) The references in subsections (4) and (5)(b) to an English local authority include references to a person exercising on behalf of an English local authority functions relating to eligibility for free of charge early years provision.
- (7) For the purposes of this section and section 13B, free of charge early years provision is early years provision which is required to be made available in pursuance of the duty imposed by section 7.
- (8) This section does not limit the circumstances in which information may be supplied apart from this section.
##### 13B
- (1) A person commits an offence if the person discloses any information—
- (a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and
- (b) which relates to a particular person,
unless the information is disclosed in accordance with subsection (2).
- (2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—
- (a) in the case of information received by virtue of section 13A(3), in accordance with section 13A(5);
- (b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision;
- (c) in accordance with an enactment or an order of a court;
- (d) with consent given by or on behalf of the person to whom the information relates.
- (3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.
- (4) A person guilty of an offence under subsection (1) is liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
- (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.
- (5) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4)(b) to 12 months is to be read as a reference to 6 months.
#### Meaning of childcare
#### Further provisions about assessment arrangements
#### Welfare requirements
#### Independent schools
#### Consequences of disqualification
#### Requirement for consent to entry
#### Combined reports
#### Fees
#### Meaning of early years and later years provision etc.
#### Minor and consequential amendments and repeals
#### Further provisions about assessment arrangements
#### Independent schools
#### Consequences of disqualification
#### Requirement for consent to entry
#### Combined reports
#### Fees
#### Meaning of early years and later years provision etc.
#### Minor and consequential amendments and repeals
##### 7A
- (1) Regulations may require an English local authority to discharge its duty to a young child under section 7 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where—
- (a) the early years provider is willing to provide it, and
- (b) the early years provider is also willing to accept—
- (i) any terms as to the payments which would be made to him or her in respect of the provision, and
- (ii) any requirements which would be imposed in respect of it.
- (2) Arrangements made by an authority to satisfy any requirement imposed under subsection (1) may be made with an early years provider or with an early years childminder agency or any other person who is able to arrange for an early years provider to provide early years provision.
- (3) The regulations may provide that such a requirement—
- (a) applies only if the early years provider is of a prescribed description;
- (b) applies only if the early years provision provided by the early years provider is of a prescribed description;
- (c) does not apply in prescribed circumstances.
- (4) The regulations may provide that arrangements made by an authority for the purpose of complying with such a requirement must include provision allowing the local authority to terminate the arrangements in prescribed circumstances.
- (5) In this section—
- “*early years childminder agency*” and “*early years provider*” have the same meanings as in Part 3;
- “*parent*” has the same meaning as in section 2.
##### 9A
Regulations may provide that arrangements made by an English local authority for the purpose of discharging its duty under section 7—
- (a) may impose requirements on the person with whom the arrangements are made only if the requirements are of a prescribed description;
- (b) may not impose requirements of a prescribed description on the person with whom the arrangements are made.
#### Meaning of childcare
#### Interpretation of Part 2
#### Requirement to register: early years childminders
#### Applications for registration: early years childminders
##### 37A
- (1) If an application under section 35(1)(b) is granted, the early years childminder agency must—
- (a) register the applicant in the register maintained by the agency as an early years childminder, and
- (b) give the applicant a certificate of registration stating that he or she is so registered.
- (2) If an application under section 36(1A)(b) is granted, the early years childminder agency must—
- (a) register the applicant in the register maintained by the agency as an early years provider other than a childminder, in respect of the premises in question, and
- (b) give the applicant a certificate of registration stating that he or she is so registered.
- (3) A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
- (4) If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.
#### Further provisions about assessment arrangements
#### Welfare requirements
#### Independent schools
#### Report of inspections
### CHAPTER 2A — Regulation of early years childminder agencies
### Process of registration
##### 51A
- (1) A person may make an application to the Chief Inspector for registration as an early years childminder agency.
- (2) An application under subsection (1) must—
- (a) give any prescribed information about prescribed matters,
- (b) give any other information which the Chief Inspector reasonably requires the applicant to give, and
- (c) be accompanied by any prescribed fee.
- (3) The Chief Inspector must grant an application under subsection (1) if—
- (a) the applicant is not disqualified from registration by regulations under section 76A, and
- (b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.
- (4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant.
- (5) The prescribed requirements for registration may include requirements relating to—
- (a) the applicant;
- (b) any persons employed by the applicant;
- (c) management and control of the applicant (where the applicant is not an individual);
- (d) the provision to the Chief Inspector of information about early years providers registered with the applicant;
- (e) the applicant's arrangements for registering early years providers;
- (f) the applicant's arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance;
- (g) the applicant's arrangements for ensuring that early years provision is of a sufficient standard.
##### 51B
- (1) If an application under section 51A is granted, the Chief Inspector must—
- (a) register the applicant in the early years register as an early years childminder agency, and
- (b) give the applicant a certificate of registration stating that the applicant is so registered.
- (2) A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.
- (3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate.
- (4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee.
##### 51C
- (1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter.
- (2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time.
- (3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
- (4) An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).
- (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
### Inspections
##### 51D
- (1) The Chief Inspector—
- (a) must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
- (b) may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
- (2) For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2.
- (3) The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where—
- (a) the inspection is conducted at the request of the agency, and
- (b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.
- (4) Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.
##### 51E
- (1) After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on—
- (a) the quality and standards of the services offered by the early years childminder agency to early years providers registered with it,
- (b) the quality of leadership and management in the early years childminder agency, and
- (c) the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it.
- (2) The Chief Inspector—
- (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
- (b) must ensure that a copy of the report is sent without delay to the early years childminder agency,
- (c) must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and
- (d) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.
- (3) Regulations may make provision—
- (a) requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;
- (b) requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;
- (c) authorising the agency in prescribed cases to charge a fee for providing a copy of the report.
### False representations
##### 51F
- (1) A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence.
- (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
#### Requirement to register: other later years providers for children under eight
#### Applications for registration: later years childminders
#### Applications for registration: other later years providers
#### Entry on the register and certificates
##### 56A
- (1) If an application under section 54(1)(b) is granted, the later years childminder agency must—
- (a) register the applicant in the register maintained by the agency as a later years childminder, and
- (b) give the applicant a certificate of registration stating that he or she is so registered.
- (2) If an application under section 55(1A)(b) is granted, the later years childminder agency must—
- (a) register the applicant in the register maintained by the agency as a later years provider other than a childminder, in respect of the premises in question, and
- (b) give the applicant a certificate of registration stating that he or she is so registered.
- (3) A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.
- (4) If there is a change of circumstances which requires the amendment of a certificate of registration, the later years childminder agency must give the registered later years provider an amended certificate.
##### 57A
- (1) Subsection (2) applies where—
- (a) a person is registered with an early years childminder agency as an early years childminder, and
- (b) that agency is also a later years childminder agency.
- (2) If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must—
- (a) register the person in the register maintained by the agency as a later years childminder, and
- (b) give the person a certificate of registration stating that he or she is so registered.
- (3) Subsection (4) applies where—
- (a) a person is registered with an early years childminder agency in respect of particular premises as an early years provider other than a childminder, and
- (b) that agency is also a later years childminder agency.
- (4) If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter on the same premises, the agency must—
- (a) register the person in the register maintained by the agency as a later years provider other than a childminder, in respect of the premises, and
- (b) give the person a certificate of registration stating that he or she is so registered.
- (5) Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.
### CHAPTER 3A — Regulation of later years childminder agencies
### Process of registration
##### 61A
- (1) A person may make an application to the Chief Inspector for registration as a later years childminder agency.
- (2) An application under subsection (1) must—
- (a) give any prescribed information about prescribed matters,
- (b) give any other information which the Chief Inspector reasonably requires the applicant to give, and
- (c) be accompanied by any prescribed fee.
- (3) The Chief Inspector must grant an application under subsection (1) if—
- (a) the applicant is not disqualified from registration by regulations under section 76A, and
- (b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.
- (4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant.
- (5) The prescribed requirements for registration may include requirements relating to—
- (a) the applicant;
- (b) any persons employed by the applicant;
- (c) management and control of the applicant (where the applicant is not an individual);
- (d) the provision to the Chief Inspector of information about later years providers registered with the applicant;
- (e) the applicant's arrangements for registering later years providers;
- (f) the applicant's arrangements in relation to training and monitoring later years providers, and providing such persons with information, advice and assistance;
- (g) the applicant's arrangements for ensuring that later years provision is of a sufficient standard.
##### 61B
- (1) If an application under section 61A is granted, the Chief Inspector must—
- (a) register the applicant in Part A of the general childcare register as a later years childminder agency, and
- (b) give the applicant a certificate of registration stating that the applicant is so registered.
- (2) A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.
- (3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the later years childminder agency an amended certificate.
- (4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the later years childminder agency a copy, on payment by the agency of any prescribed fee.
##### 61C
- (1) If an early years childminder agency gives notice to the Chief Inspector of a wish to be a later years childminder agency the Chief Inspector must—
- (a) register the early years childminder agency in Part A of the general childcare register as a later years childminder agency, and
- (b) give the agency a certificate of registration stating that it is so registered.
- (2) Subsections (2) to (4) of section 61B apply in relation to a certificate of registration given in pursuance of subsection (1) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) of that section.
##### 61D
- (1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of a later years childminder agency under this Chapter.
- (2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 61B or 61C or at any subsequent time.
- (3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).
- (4) A later years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).
- (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
### Inspections
##### 61E
- (1) The Chief Inspector—
- (a) must inspect a later years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
- (b) may inspect a later years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
- (2) For the purposes of an inspection under this section, the Chief Inspector may inspect later years provision provided by later years providers who are registered with the later years childminder agency for the purposes of Chapter 3.
- (3) The Chief Inspector may charge a prescribed fee for conducting an inspection of a later years childminder agency where—
- (a) the inspection is conducted at the request of the agency, and
- (b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.
- (4) Regulations may make provision requiring a later years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.
##### 61F
- (1) After conducting an inspection under section 61E, the Chief Inspector must make a report in writing on—
- (a) the quality and standards of the services offered by the later years childminder agency to later years providers registered with it,
- (b) the quality of leadership and management in the later years childminder agency, and
- (c) the effectiveness of the arrangements of the later years childminder agency for assuring itself of the quality of the care and education provided by the later years providers registered with it.
- (2) The Chief Inspector—
- (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,
- (b) must ensure that a copy of the report is sent without delay to the later years childminder agency,
- (c) must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and
- (d) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.
- (3) Regulations may make provision—
- (a) requiring the later years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;
- (b) requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;
- (c) authorising the agency in prescribed cases to charge a fee for providing a copy of the report.
### False representations
##### 61G
- (1) A person who without reasonable excuse falsely represents that the person is a later years childminder agency commits an offence.
- (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
#### Entry on the register and certificates
### Voluntary registration of persons registered with childminder agencies
##### 65A
- (1) A person who is registered as an early years childminder with an early years childminder agency or as a later years childminder with a later years childminder agency may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision in England of—
- (a) later years childminding for a child who has attained the age of eight;
- (b) early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.
- (2) If a person gives notice to an agency under subsection (1), the agency must—
- (a) register the person in the register maintained by the agency as a childminder registered under this Chapter, and
- (b) give the person a certificate of registration stating that he or she is so registered.
- (3) A person who is registered as an early years provider (other than a childminder) with an early years childminder agency or as a later years provider (other than a childminder) with a later years childminder agency in respect of particular premises may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision on the same premises of—
- (a) later years provision (other than later years childminding) for a child who has attained the age of eight;
- (b) early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.
- (4) If a person gives notice to an agency under subsection (3), the agency must—
- (a) register the person in the register maintained by the agency as a provider of childcare (other than a childminder) registered under this Chapter, in respect of the premises, and
- (b) give the person a certificate of registration stating that he or she is so registered.
- (5) A certificate of registration given to the applicant in pursuance of subsection (2) or (4) must contain prescribed information about prescribed matters.
- (6) If there is a change of circumstances which requires the amendment of a certificate of registration, the agency must give the registered person an amended certificate.
#### Cancellation, termination and suspension of registration with a childminder agency
##### 69A
- (1) Regulations may make provision about the cancellation, termination and suspension of the registration of an early years provider or a later years provider with an early years childminder agency or a later years childminder agency for the purposes of Chapter 2, 3 or 4, in particular—
- (a) about the termination by an early years provider or a later years provider of his or her registration;
- (b) for the creation of offences relating to things done while a registration is suspended;
- (c) about the resolution of disputes between an early years provider or a later years provider and an early years childminder agency or a later years childminder agency.
- (2) Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension.
- (3) Regulations made by virtue of subsection (1)(b) may only create offences which are—
- (a) triable only summarily, and
- (b) punishable only with a fine not exceeding the level specified in the regulations, which may not exceed level 5 on the standard scale.
##### 69B
- (1) The Chief Inspector must cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector that the person has become disqualified from registration by regulations under section 76A.
- (2) The Chief Inspector may cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector—
- (a) that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,
- (b) that the person has failed to comply with a condition imposed on the registration under that Chapter,
- (c) that the person has failed to comply with a requirement imposed by regulations under that Chapter,
- (d) that the person has failed to comply with a requirement imposed by this Chapter, or by regulations under this Chapter, or
- (e) that the person has failed to pay a prescribed fee.
- (3) Where a requirement to make any changes or additions to any services has been imposed on a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency, the person's registration may not be cancelled on the ground of any defect or insufficiency in the services, if—
- (a) the time set for complying with the requirements has not expired, and
- (b) it is shown that the defect or insufficiency is due to the changes or additions not having been made.
- (4) Regulations may make provision about the effect of the cancellation under this section of the registration under Chapter 2A or 3A of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.
##### 69C
- (1) Regulations may provide for the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency to be suspended for a prescribed period in prescribed circumstances.
- (2) Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.
- (3) Regulations under subsection (1) may make provision about the effect of the suspension of the registration of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.
- (4) A person registered under Chapter 2A as an early years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—
- (a) exercise any functions of an early years childminder agency, or
- (b) represent that the person may exercise such functions.
- (5) A person registered under Chapter 3A as a later years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—
- (a) exercise any functions of a later years childminder agency, or
- (b) represent that the person may exercise such functions.
- (6) A person commits an offence if, without reasonable excuse, the person contravenes subsection (4) or (5).
- (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
##### 70A
- (1) A person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency may give notice to the Chief Inspector of a wish to be removed from the early years register or (as the case may be) from Part A of the general childcare register.
- (2) If a person gives notice under subsection (1) the Chief Inspector must remove the person from the early years register or (as the case may be) from Part A of the general childcare register.
- (3) The Chief Inspector must not act under subsection (2) if—
- (a) the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of the Chief Inspector's intention to cancel the person's registration, and
- (b) the Chief Inspector has not decided that he or she no longer intends to take that step.
- (4) The Chief Inspector must not act under subsection (2) if—
- (a) the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of the Chief Inspector's decision to cancel the person's registration, and
- (b) the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.
#### Procedure for taking certain steps
#### Disqualification from registration: early years and later years providers
### Disqualification from registration: childminder agencies
#### Disqualification from registration: childminder agencies
##### 76A
- (1) In this section, “ *registration* ” means registration under Chapter 2A or 3A.
- (2) Regulations may provide for a person to be disqualified from registration.
- (3) Regulations under subsection (2) may provide for a person not to be disqualified from registration (and in particular may provide for a person not to be disqualified from registration for the purposes of section 76B) by reason of any fact which would otherwise cause the person to be disqualified if—
- (a) the person has disclosed the fact to the Chief Inspector, and
- (b) the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn the consent.
#### Consequences of disqualification: childminder agencies
##### 76B
- (1) A person who is disqualified from registration by regulations under section 76A must not—
- (a) exercise any functions of an early years childminder agency or a later years childminder agency,
- (b) represent that the person can exercise such functions,
- (c) be a director, manager or other officer of, or partner in, an early years childminder agency or a later years childminder agency, be a member of the governing body of such an agency, or otherwise be directly concerned in the management of such an agency, or
- (d) work for such an agency in any capacity which involves entering premises on which early years provision or later years provision is being provided.
- (2) No early years childminder agency or later years childminder agency may employ a person who is disqualified from registration by regulations under section 76A in any capacity which involves—
- (a) being directly concerned in the management of an early years childminder agency or a later years childminder agency, or
- (b) entering premises on which early years provision or later years provision is being provided.
- (3) A person who contravenes subsection (1) or (2) commits an offence.
- (4) A person (“P”) who contravenes subsection (2) is not guilty of an offence under subsection (3) if P proves that P did not know, and had no reasonable grounds for believing, that the person whom P was employing was disqualified from registration.
- (5) A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.
- (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
#### Powers of entry under section 77: requirement for consent
##### 78A
- (1) The Chief Inspector may at any reasonable time enter any premises in England if the Chief Inspector has reasonable cause to believe that a person on the premises is falsely representing—
- (a) that the person is an early years childminder agency, or
- (b) that the person is a later years childminder agency.
- (2) The Chief Inspector may at any reasonable time enter any premises in England which is registered in—
- (a) the early years register as premises of an early years childminder agency, or
- (b) Part A of the general childcare register as premises of a later years childminder agency,
for any of the purposes in subsection (3).
- (3) Those purposes are—
- (a) conducting an inspection under section 51D(1) or 61E(1);
- (b) determining whether any conditions or requirements imposed by or under this Part are being complied with.
- (4) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to the functions under subsection (1) or (2)—
- (a) may be given for a particular occasion or period;
- (b) may be given subject to conditions.
- (5) A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b))—
- (a) inspect the premises;
- (b) inspect, and take copies of—
- (i) any records kept concerning early years providers or later years providers, and
- (ii) any other documents containing information relating to such providers;
- (c) seize and remove any document or other material or thing found there which the person has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
- (d) take measurements and photographs or make recordings;
- (e) interview in private any person present on the premises who works there.
- (6) A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b)) require any person to afford such facilities and assistance with respect to matters within the person's control as are necessary to enable the powers under this section to be exercised.
- (7) Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.
- (8) It is an offence intentionally to obstruct a person exercising any power under this section.
- (9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
- (10) In this section, “documents” and “records” each include information recorded in any form.
#### Powers of entry under section 78A: requirement for consent
##### 78B
- (1) This section applies where a person (“ *the authorised person* ”) proposes to enter domestic premises in pursuance of a power of entry conferred by section 78A(2).
- (2) If the authorised person has reasonable cause to believe that the premises are the home of a person who—
- (a) is not employed by the early years childminder agency or (as the case may be) the later years childminder agency, or
- (b) is not a director, manager or other officer of, or partner in, the agency, a member of its governing body or otherwise directly concerned in the management of the agency,
the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises and who falls within paragraph (a) or (b).
#### Power of constable to assist in exercise of powers of entry
#### Combined reports
#### Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector
##### 83A
- (1) An early years childminder agency or a later years childminder agency must provide prescribed information to the Secretary of State, Her Majesty‘s Revenue and Customs, and each relevant local authority, if it—
- (a) grants a person's application for registration for the purposes of Chapter 2, 3 or 4;
- (b) takes any other steps under this Part of a prescribed description.
- (2) The information which may be prescribed for the purposes of this section is—
- (a) in the case of information to be provided to the Secretary of State, information which the Secretary of State may require for the purposes of the Secretary of State's functions in relation to universal credit under Part 1 of the Welfare Reform Act 2012;
- (b) in the case of information to be provided to Her Majesty's Revenue and Customs, information which Her Majesty's Revenue and Customs may require for the purposes of their functions in relation to tax credits;
- (c) in the case of information to be provided to a relevant local authority, information which would assist the local authority in the discharge of their functions under section 12.
- (3) In this section, “ *relevant local authority* ” means an English local authority for an area in which a person who is (or, as the case may be, was) registered with the early years childminder agency or later years childminder agency for the purposes of Chapter 2 or 3 provides (or has provided) early years provision or later years provision in respect of which he or she is (or was) registered.
#### Disclosure of information for certain purposes : the Chief Inspector
#### Disclosure of information for certain purposes: childminder agencies
##### 84A
- (1) An early years childminder agency or a later years childminder agency may arrange for prescribed information held by the agency in relation to persons registered with the agency under this Part to be made available for the purpose of—
- (a) assisting parents or prospective parents in choosing an early years provider or later years provider, or
- (b) protecting children from harm or neglect.
- (2) The information may be made available in such manner and to such persons as the agency considers appropriate.
- (3) Regulations may require an early years childminder agency or a later years childminder agency to provide prescribed information held by the agency in relation to persons registered with the agency under this Part to prescribed persons for either of the purposes mentioned in subsection (1).
#### Time limit for proceedings
#### Fees
#### Cases where consent to disclosure withheld
#### Meaning of early years and later years provision etc.
#### Inspections
#### Inspection of children's centres: interpretation
#### Minor and consequential amendments and repeals
#### Independent schools
#### Report of inspections
#### Requirement to register: other later years providers for children under eight
#### Entry on the register and certificates
#### Procedure for taking certain steps
#### 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
#### Supply of information to the Secretary of State, HMRC and local authorities by the Chief Inspector
#### Time limit for proceedings
#### Fees
#### Meaning of early years and later years provision etc.
#### Inspections
#### Minor and consequential amendments and repeals
#### Cancellation, termination and suspension of registration with a childminder agency
#### Procedure for taking certain steps
#### Disqualification from registration: early years and later years providers
#### Disqualification from registration: childminder agencies
#### Consequences of disqualification: 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
#### 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
#### Offence of providing provision other than on approved premises
##### 85A
The Secretary of State may by regulations provide—
- (a) that a person who without reasonable excuse fails to comply with a prescribed requirement falling within section 35(5)(b), 36(5)(b), 54(5)(b) or 55(5)(b) (premises) is guilty of an offence, and
- (b) that a person guilty of the offence is liable on summary conviction to a fine.
#### Cases where consent to disclosure withheld
#### Meaning of early years and later years provision etc.
#### Inspections
#### Inspection of children's centres: interpretation
#### Minor and consequential amendments and repeals
#### Cases where consent to disclosure withheld
#### Meaning of early years and later years provision etc.
#### Inspections
#### Inspection of children's centres: interpretation
#### Provision of information about young children: transitory provision
#### Minor and consequential amendments and repeals
#### Applications for registration: early years childminders with domestic premises
#### Entry on the register and certificates
#### Welfare requirements
#### Independent schools
#### Entry on the register and certificates
#### Disqualification from registration: childminder agencies
#### Consequences of disqualification: childminder agencies
#### Powers of entry under section 78A: requirement for consent
#### Power of constable to assist in exercise of powers of entry
#### Provision of information about young children: transitory provision
2006-07-11
Childcare Act 2006
original version
Text at this date