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In force since 2024-11-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings comes to his knowledge. (2) No such proceedings may be brought by virtue of subsection (1) more than three years after the commission of the offence.
Propose a change(1) Subsection (2) applies where any offence under this Part is committed by a body corporate. (2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. (3) Subsection (4) applies where any offence under this Part is committed by a partnership. (4) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, that partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
Propose a change(1) Proceedings for an offence under this Part which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in the name of any of its members). (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) 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. (5) If an offence under this Part by an unincorporated association is shown— (a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or (b) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
Propose a change(1) Regulations may require persons registered under any of Chapters 2 to 4 in the early years register or the general childcare register to pay to the Chief Inspector at or by prescribed times fees of the prescribed amounts in respect of the discharge by the Chief Inspector of his functions under this Part. (2) Regulations under subsection (1) may prescribe circumstances in which— (a) the amount of a fee payable under the regulations may be varied in accordance with the regulations; (b) a fee payable under the regulations may be waived.
Propose a change(1) This section applies where the Chief Inspector— (a) is determining, for the purpose of deciding whether to grant an application for registration under any of Chapters 2 to 4, whether the prescribed requirements for registration are satisfied and are likely to be continued to be satisfied, or (b) is determining, for the purpose of deciding whether to cancel the registration of any person under section 68(2)(a) or 69B(2)(a), whether the prescribed requirements for registration have ceased, or will cease, to be satisfied. (2) The Chief Inspector may, if regulations so provide and he thinks it appropriate to do so, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied if for the purpose of his determination— (a) the Chief Inspector has requested a person (“A”) to consent to the disclosure by another person (“B”) to the Chief Inspector of information which— (i) relates to A, (ii) is held by B, and (iii) is of a prescribed description, and (b) A does not give ... consent or withdraws ... consent after giving it.
Propose a change(1) If it appears to the Chief Inspector that any English local authority could, by taking any specified action, help in the exercise of any of his functions under this Part, he may request the help of the authority, specifying the action in question. (2) An authority whose help is requested must comply with the request if it is compatible with their own statutory and other duties and does not unduly prejudice the discharge of any of their functions.
Propose a change(1) This section applies if the Chief Inspector is required by virtue of this Part to issue more than one certificate of registration to a person. (2) If the Chief Inspector considers it appropriate, he may combine any two or more of those certificates in a single certificate (a combined certificate). (3) A combined certificate of registration must contain prescribed information about prescribed matters. (4) If there is a change of circumstances which requires the amendment of a combined certificate of registration, the Chief Inspector must give the registered person an amended combined certificate. (5) If the Chief Inspector is satisfied that a combined certificate of registration has been lost or destroyed, the Chief Inspector must give the registered person a copy, on payment by that person of any prescribed fee.
Propose a change(1) This section applies in relation to notices required or authorised to be given to any person by any of the following— (a) section 57(1) and (2); (aa) section 57A(2) and (4); (ab) section 61C(1); (b) section 65(1) and (2); (ba) section 65A(1) and (3); (c) section 70(1); (d) section 73(2), (4), (5), (7) and (9). (2) The notice may be given to the person in question— (a) by delivering it to the person, (b) by sending it by post, or (c) subject to subsection (3), by transmitting it electronically. (3) If the notice is transmitted electronically, it is to be treated as given only if the requirements of subsection (4) or (5) are met. (4) If the person required or authorised to give the notice is the Chief Inspector— (a) the person to whom the notice is required or authorised to be given must have indicated to the Chief Inspector a willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and (b) the notice must be sent to the address provided .... (5) If the person required or authorised to give the notice is not the Chief Inspector, the notice must be transmitted in such manner as the Chief Inspector may require. (6) An indication given for the purposes of subsection (4) may be given generally for the purposes of notices required or authorised to be given by the Chief Inspector under this Part or may be limited to notices of a particular description. (7) A requirement imposed by the Chief Inspector under subsection (5) must be published in such manner as the Chief Inspector thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it. (8) In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section 73, notification authorised to be given to the Chief Inspector under subsection (4) or (9) of that section may be given orally to a person authorised by the Chief Inspector to receive such notification (as well as by any of the methods mentioned in subsection (2)).
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Propose a change(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— (1A) An institution which— (a) provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and (b) is not a maintained nursery school, is not a school.
Propose a change(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 ... for reward ... (and “early years childminder” is to be read accordingly). (5) Early years provision which would otherwise fall within subsection (4) is not early years childminding if at any time the number of persons providing the early years provision ... or assisting with the provision exceeds four. (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 ... for reward ... (and “later years childminder” is to be read accordingly). (9) Later years provision which would otherwise fall within subsection (8) is not later years childminding if at any time the number of persons providing the later years provision ... or assisting with the provision exceeds four.
Propose a change(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.
Propose a change(1) In this Part— “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; “childcare” has the meaning given by section 18; “ childminder agency ” means— an early years childminder agency; a later years childminder agency; “domestic premises” means premises which are used wholly or mainly as a private dwelling (and references to non-domestic premises are to be construed accordingly); “ early years childminder agency ” means a person registered in the early years register as an early years childminder agency; “early years provision” has the meaning given by section 96(2); “early years provider” has the meaning given by section 96(3); “early years childminding” and “early years childminder” have the meanings given by section 96(4); “ later years childminder agency ” means a person registered in Part A of the general childcare register as a later years childminder agency; “later years provision” has the meaning given by section 96(6); “later years provider” has the meaning given by section 96(7); “later years childminding” and “later years childminder” have the meanings given by section 96(8); “premises” includes any area and any vehicle; ... “proprietor”, in relation to a school, has the same meaning as in the Education Act 1996 (c. 56); ... “the Tribunal” has the meaning given by section 69(11); “young child” has the meaning given by section 19. (1A) A person is registered for the purposes of this Part if that person is registered— (a) in the early years register, (b) in the general childcare register, or (c) with an early years childminder agency or a later years childminder agency. (1B) In this Part, references to a person registered— (a) as an early years childminder with domestic premises are to a person registered as such under section 37(1)(a) or 37A(1)(a); (b) as an early years childminder without domestic premises are to a person registered as such under section 37(2A) or 37A(1A); (c) as a later years childminder with domestic premises are to a person registered as such under section 56(1)(a) or 56A(1)(a); (d) as a later years childminder without domestic premises are to a person registered as such under section 56(2A) or 56A(1A). (2) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to service by post), a notice or order which may by virtue of any provision of this Part be sent by post to an applicant for registration or to a registered person is to be treated as properly addressed if it is addressed to him at the address notified by him to the Chief Inspector as the address to which correspondence to him should be sent.
Propose a change(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).
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this section “ court ” means the High Court or the family court.
Propose a changeIn 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.
Propose a change(1) Regulations may make provision, in relation to England, requiring— (a) a person registered as an early years provider under Chapter 2 of Part 3, (aa) a person registered as an early years childminder agency under Chapter 2A of Part 3, ... (b) a person who provides early years provision in respect of which, but for section 34(2) (exemption for provision for children aged 2 or over at certain schools), he would be required to be registered under that Chapter,, and (c) any other person who provides early years provision for the purposes of section 1(1) of the Childcare Act 2016 (Secretary of State's duty to secure 30 hours free childcare available for working parents), to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), “the relevant person” means one or more of the following— (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— (a) to the Secretary of State, or (b) to any prescribed person. (4) The Secretary of State may provide any individual child information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual child information— (i) to the Secretary of State, or (ii) to any other information collator, and (b) may at such times as the Secretary of State may determine or in prescribed circumstances provide such individual child information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to— (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section— “early years provision” has the meaning given by section 20; “individual child information” means information relating to and identifying individual children for whom early years provision is being or has been provided by a person mentioned in subsection (1)(a) or (b), whether obtained under subsection (1) or otherwise; “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to early years provision, is responsible for collating or checking information relating to children for whom such provision is made; ... ...
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Propose a change(1) Regulations may make provision, in relation to Wales, requiring— (a) a person who is registered under Part 10A of the Children Act 1989 (c. 41)Part 2 of the Children and Families (Wales) Measure 2010 to provide child minding or day care, and (b) a person who provides funded nursery education, to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), “the relevant person” means one or more of the following— (a) the Assembly, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Assembly may require that person to provide any such information— (a) to the Assembly, or (b) to any prescribed person. (4) The Assembly may provide any individual child information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual child information— (i) to the Assembly, or (ii) to any other information collator, and (b) may at such times as the Assembly may determine or in prescribed circumstances provide such individual child information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Assembly or an information collator) may provide that information to— (a) the Assembly, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Assembly is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Assembly. (9) In this section— “child minding” and “day care” have the same meaning as in Part 10A of the Children Act 1989 Part 2 of the Children and Families (Wales) Measure 2010; “funded nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 (c. 31), which is provided by any person— under arrangements made with that person by a local authority in Wales in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), 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.
Propose a change(1) Paragraph 4 of Schedule 9A to the Children Act 1989 (c. 41) (disqualification for registration) is amended as follows. (2) In sub-paragraph (2)— (a) in paragraph (b) after “children” insert “ or on grounds relating to his health ”, and (b) after paragraph (g) insert— (ga) he has been given a caution in respect of any offence of a prescribed kind; . (3) For sub-paragraph (6) substitute— (6) In this paragraph— “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998; “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.
Propose a change(1) Schedule 2 (which contains minor and consequential amendments) has effect. (2) The enactments specified in Schedule 3 are repealed to the extent specified.
Propose a change(1) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act is exercisable by statutory instrument. (2) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power— (a) to make different provision for different cases or areas; (b) to make provision generally or in relation to specific cases; (c) to make such incidental, supplementary, saving or transitional provision as the Secretary of State or the Assembly thinks fit.
Propose a change(1) A statutory instrument containing an order or regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament. (2) Subsection (1) does not apply to— (a) an order under section 109(2) (commencement), or (b) an order to which subsection (3) applies. (3) A statutory instrument which contains (whether alone or with other provisions) — (a) an order under section 5, (b) an order under section 41(4), or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Propose a changeIn this Act— “the Assembly” means the National Assembly for Wales; “child” means a person under the age of 18; “English local authority” means— a county council in England; a metropolitan district council; a non-metropolitan district council for an area for which there is no county council; a London borough council; the Common Council of the City of London (in their capacity as a local authority); the Council of the Isles of Scilly; “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008; “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school; “maintained nursery school” has the same meaning as in the School Standards and Framework Act 1998 (c. 31); “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41); “prescribed” (except in Part 2 and section 101) means prescribed by regulations; “registered pupil” has the same meaning as in the Education Act 1996 (c. 56); “regulations” (except in Part 2 and section 101) means regulations made by the Secretary of State; “school” has the same meaning as in the Education Act 1996; “Welsh local authority” means a county council or county borough council in Wales; “well-being”, in relation to children, has the meaning given by section 1(2).
Propose a changeThere shall be paid out of money provided by Parliament— (a) any expenses incurred by a Minister of the Crown or government department under or by virtue of this Act, and (b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
Propose a changeParts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
Propose a change(1) The following provisions come into force on the day on which this Act is passed— this section, sections 104 to 108, sections 110 and 111, and paragraph 1 of Schedule 2 (and section 103(1) so far as relating to that paragraph). (2) The other provisions of this Act come into force in accordance with provision made by order by the appropriate authority (as determined under section 110).
Propose a change(1) This section has effect for determining who is the appropriate authority for the purposes of section 109(2). (2) In relation to Parts 1 and 3 (including Schedule 1) and sections 99 and 100, the appropriate authority is the Secretary of State. (3) In relation to Part 2 and section 101, the appropriate authority is the Assembly. (4) In relation to section 102, the appropriate authority is— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the Assembly. (5) In relation to section 103(1) and Schedule 2, the appropriate authority is— (a) for paragraphs 18(5)(b) and (c), 20 to 22, 24, 27, 31, 32(4) and 34 of that Schedule (and section 103(1) so far as relating to those provisions)— (i) in relation to England, the Secretary of State, and (ii) in relation to Wales, the Assembly, (b) for paragraph 28 of that Schedule (and section 103(1) so far as relating to that paragraph), the Assembly, and (c) for the other provisions of that Schedule to which section 109(2) applies (and section 103(1) so far as relating to those provisions), the Secretary of State. (6) In relation to section 103(2) and Schedule 3, the appropriate authority is— (a) for a repeal contained in Part 1 of that Schedule, the Secretary of State, and (b) for a repeal contained in Part 2 of that Schedule, the appropriate authority for the purposes of section 109(2) in relation to the provision on which the repeal is consequential.
Propose a change(1) This Act may be cited as the Childcare Act 2006. (2) Any amendment or repeal made by this Act has the same extent as the provision amended or repealed. (3) Except as provided by subsection (2), this Act extends to England and Wales only.
Propose a changeSection 48 Interpretation 1 In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32). . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 2002 (c. 32) 3 (1) Section 76 of the 2002 Act (interpretation of Part 6) is amended as follows. (2) For the definition of “assessment arrangements” substitute— “assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage for the purpose of ascertaining what they have achieved in relation to the attainment targets for that stage; . (3) Omit the definitions of “early learning goals”, “the foundation stage”, and “pupil”. (4) In the definition of “school year”, omit the words from “and has a corresponding” to the end. 4 Omit section 77 of the 2002 Act (meaning of “nursery education” and related expressions). 5 In section 78 of the 2002 Act (general requirements in relation to the curriculum), omit subsection (2). 6 (1) Section 79 of the 2002 Act (duty to implement general requirements) is amended as follows. (2) For subsections (1) and (2) substitute— (1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78. (2) Every local education authority in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78. (3) In subsection (4)(b), omit the words from “or the” to “nursery school”. (4) Omit subsection (5). 7 (1) Section 80 of the 2002 Act (basic curriculum for maintained school) is amended as follows. (2) In subsection (1)(b), for “who have attained the age of three” substitute “ who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006 ”. (3) In subsection (2)(a), for “a nursery class in a primary school” substitute “ pupils who are under compulsory school age ”. 8 Omit section 81 of the 2002 Act (the foundation stage). 9 Omit section 83 of the 2002 Act (curriculum requirements for the foundation stage). 10 (1) Section 87 of the 2002 Act (establishment of National Curriculum by order) is amended as follows. (2) For subsection (1) substitute— (1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so. (3) Omit subsection (2). (4) In subsection (4), omit— (a) “(2) or”, (b) in paragraph (a), the words “the foundation stage or” and “educational programme or”, and (c) in paragraph (b), the words from “(or the timetables” to “education)”. (5) In subsection (5), omit “(2) or”. (6) Omit subsection (6). (7) In subsection (8), omit “(2)(c) or”. (8) In subsection (10), omit— (a) “(6) or”, and (b) in paragraph (a) the words from “or” to “provided”. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Omit section 89 of the 2002 Act (implementation in respect of nursery schools etc.). 12 (1) Section 90 of the 2002 Act (development work and experiments) is amended as follows. (2) In subsection (1), omit “or maintained nursery school”. (3) In subsection (3), omit “or a maintained nursery school”. 13 In section 93 of the 2002 Act (temporary exceptions for individual pupils), in subsections (1) and (5), omit “or maintained nursery school”. 14 In section 94 of the 2002 Act (information concerning directions under section 93), in subsection (4)(a), omit “or maintained nursery school”. 15 In section 96 of the 2002 Act (procedure for making certain orders and regulations), in subsection (1)(a)— (a) omit “83(3)”, and (b) for “87(2)(a) or (b) or (3)(a) or (b)” substitute “ 87(3)(a) or (b) ”. 16 In section 210 of the 2002 Act (orders and regulations)— (a) omit subsection (3)(c), and (b) in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “ 87(3)(c) ”.
Propose a changeSection 103(1) Local Authority Social Services Act 1970 (c. 42) 1 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) after the entry relating to the Children Act 1975 insert— Adoption Act 1976 | Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002. Magistrates' Courts Act 1980 (c. 43) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme Court Act 1981 (c. 54) 3 In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court) in paragraph 3 (which deals with business assigned to the Family Division) after paragraph (e) insert— (ea) proceedings under section 79 of the Childcare Act 2006; . Children Act 1989 (c. 41) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In the heading of Part 10A of the Children Act 1989 (child minding and day care for children in England and Wales), omit “England and”. 6 In Part 10A of the Children Act 1989 (including Schedule 9A) for “the registration authority”, “a registration authority” or “the authority”, wherever occurring, substitute (in each case) “ the Assembly ” . 7 In section 79B of the Children Act 1989 (other definitions etc. )— (a) omit subsection (1), (b) for subsection (2) substitute— (2) In this Act “ the Assembly ” means the National Assembly for Wales. , and (c) for subsection (7) substitute— (7) “ Regulations ” means regulations made by the Assembly. 8 In section 79C of the Children Act 1989 (regulations etc. governing child minders and day care providers), omit subsections (1), (4) and (5). 9 In section 79D of the Children Act 1989 (requirement to register)— (a) for subsection (1) substitute— (1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly. , (b) in subsection (4) omit the words “(whether the contravention occurs in England or Wales)”, and (c) in subsection (5), after “premises” insert “ in Wales ” . 10 In section 79H of the Children Act 1989 (suspension of registration), omit subsection (3). 11 In section 79K of the Children Act 1989 (protection of children in an emergency), in subsection (1) after “registered” insert “ under this Part ” . 12 Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only to England). 13 In section 79S of the Children Act 1989 (general functions of the Assembly), in subsection (2) omit the words from “but the regulations” to the end of the subsection. 14 In section 79U of the Children Act 1989 (rights of entry etc. ) in subsection (1) omit “England or”. 15 In section 79V of the Children Act 1989 (function of local authorities), after “local authority” insert “ in Wales ” . 16 In section 79W of the Children Act 1989 (requirement for certificate of suitability), in subsection (1) after “children” (in the first place where it occurs) insert “ in Wales ” . 17 In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b) omit “England and”. 18 (1) Schedule 9A to the Children Act 1989 (child minding and day care for young children) is amended as follows. (2) In the heading, after “children” insert “ in Wales ” . (3) In paragraph 1 (exemption of certain schools), in sub-paragraph (1)(c), omit “the Secretary of State or”. (4) In paragraph 4 (disqualification for registration)— (a) in sub-paragraph (1), after “day care” insert “ in Wales ” , (b) in sub-paragraph (2)(f), after “Part XA” insert “ , or Part 3 of the Childcare Act 2006, ” , (c) in sub-paragraph (3), after “day care” (in each place where it occurs) insert “ in Wales ” , (d) in sub-paragraph (4), after “day care” (in each place where it occurs) insert “ in Wales ” , and (e) in sub-paragraph (5), after “day care” (in each place where it occurs) insert “ in Wales ” . (5) In paragraph 5 (offences relating to disqualification)— (a) in sub-paragraph (1)(a)— (i) after “child minder” insert “ in Wales ” , (ii) after “child minding” insert “ in Wales ” , (b) in sub-paragraph (1)(b) for “any of sub-paragraphs (3) to (5)” substitute “ sub-paragraph (4) or (5) ” , and (c) for sub-paragraph (2) substitute— (2) A person who contravenes sub-paragraph (4) of paragraph 4 shall not be guilty of an offence under this paragraph if— (a) he is disqualified for registration by virtue only of regulations made under sub-paragraph (3) of paragraph 4, and (b) he proves that he did not know, and had no reasonable grounds for believing, that he was living in the same household as a person who was disqualified for registration or in a household in which such a person was employed. (6) In paragraph 6 (certificates of registration), in sub-paragraph (5)— (a) in paragraph (a) for “(in England or in Wales)” substitute “ in Wales ” , and (b) in paragraph (b) after “any premises” insert “ in Wales ” . (7) In paragraph 8 (co-operation between authorities), omit sub-paragraph (1). Water Industry Act 1991 (c. 56) 19 In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges) for paragraph 12 substitute— 12 (1) Premises in England which are used for the provision of childcare by a person who is registered (otherwise than as a childminder) under Part 3 of the Childcare Act 2006 in respect of the premises. (2) Premises in Wales which are used for the provision of day care for children by a person who is registered under Part 10A of the Children Act 1989 in respect of the premises. Education Act 1996 (c. 56) 20 In the heading to section 17 of the Education Act 1996, for “nursery education” substitute “ nursery schools ”. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (1) Section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) is amended as follows. (2) In subsection (11), for “relevant nursery education” substitute “ relevant early years education ”. (3) In subsection (13)(c), for “nursery”, in both places, substitute “ early years ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 In section 509A of the Education Act 1996 (travel arrangements for children receiving nursery education otherwise than at school)— (a) in the heading and in each of subsections (1), (3) and (4) for “nursery education” substitute “ early years education ”, and (b) for subsection (5) substitute— (5) In this section “relevant early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); (b) in relation to Wales, nursery education which is provided— (i) by a local education authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by a local authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998. 24 In section 512 of the Education Act 1996 (LEA functions concerning provision of meals etc.)— (a) in subsection (1)(c) for “relevant funded nursery education” substitute “ relevant funded early years education ”, and (b) in subsection (6) for the definition of “relevant funded nursery education” substitute— “relevant funded early years education”, in relation to a local education authority in England, means early years provision as defined by section 20 of the Childcare Act 2006 which is provided by a person, other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school, under arrangements made by a local authority in pursuance of the duty imposed by section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge); “relevant funded early years education”, in relation to a local education authority in Wales, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school— (a) under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and (b) in consideration of financial assistance provided by the authority under those arrangements. 25 (1) Section 515 of the Education Act 1996 (provision of teaching services for day nurseries) is amended as follows. (2) In subsection (1) after “a day nursery” insert “ in England or Wales or to a registered early years provider in England ”. (3) In subsection (3)— (a) in paragraph (b) after “the day nursery” insert “ or (as the case may be) the registered early years provider ”, and (b) in paragraph (c) for the words from “including” to the end of the paragraph substitute including— (i) in relation to England, any charges to be imposed in connection with the arrangements, and (ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities. (4) For subsection (4) substitute— (4) In this section— “day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children); “registered early years provider” means a person registered under Part 3 of the Childcare Act 2006. 26 (1) Section 535 of the Education Act 1996 (provision of teaching services for day nurseries) is amended as follows. (2) In subsection (1) after “a day nursery” insert “ in England or Wales or to a registered early years provider in England ”. (3) In subsection (3)— (a) in paragraph (b) after “the day nursery” insert “ or (as the case may be) the registered early years provider ”, and (b) in paragraph (c) for the words from “including” to the end of the paragraph substitute including— (i) in relation to England, any charges to be imposed in connection with the arrangements, and (ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities. (4) For subsection (4) substitute— (4) In this section— “day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children); “registered early years provider” means a person registered under Part 3 of the Childcare Act 2006. 27 (1) Section 548 of the Education Act 1996 (no right to give corporal punishment) is amended as follows. (2) In subsection (1)(c) for “specified nursery education” substitute “ specified early years education ”. (3) For subsection (8) substitute— (8) “Specified early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); (b) in relation to Wales, full-time or part-time education suitable for children who have not attained compulsory school age which is provided— (i) by a local education authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998. Education Act 1997 (c. 44) 28 In section 38 of the Education Act 1997 (inspection of local education authorities), in subsection (2A)(b), after “sections 25 and 26” insert “ of the Children Act 2004 ”. Police Act 1997 (c. 50) 29 In section 113F of the Police Act 1997 (criminal record certificates: supplementary), in subsection (1)— (a) before paragraph (a) insert— (za) for the purposes of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England) and regulations made under it, the applicant's suitability to look after or be in regular contact with children; , (b) in paragraph (a), omit the words “England and”, and (c) in paragraph (c) omit the words “section 71 of the Children Act 1989 or”. School Standards and Framework Act 1998 (c. 31) 30 In section 118 of the School Standards and Framework Act 1998 (duty of LEA as respects availability of nursery education)— (a) in subsection (1) after “a local education authority” insert “ in Wales ”, and (b) in subsection (2)(b) for “the Secretary of State” substitute “ the National Assembly for Wales ”. 31 Section 118A of the School Standards and Framework Act 1998 (duties of LEA in respect of childcare) is omitted. 32 (1) Section 119 of the School Standards and Framework Act 1998 (early years development and childcare partnerships) is amended as follows. (2) In subsection (1), after “local education authority” insert “ in Wales ”. (3) In subsection (2), for “the Secretary of State” substitute “ the Assembly ”. (4) In subsection (5), omit paragraph (ab). (5) In subsection (6), for “The Secretary of State” substitute “ The Assembly ”. 33 (1) Section 122 of the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows. (2) In the heading, after “nursery education” insert “ in Wales ”. (3) In subsection (1), after “nursery education” insert “ in Wales ”. 34 In section 123 of the School Standards and Framework Act 1998 (children with special educational needs)— (a) in subsections (1)(a), (2) and (3A) for “relevant nursery education” substitute “ relevant early years education ”, and (b) for subsection (4) substitute— (4) In this section “relevant early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); (b) in relation to Wales, nursery education which is provided— (i) by a local education authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118. 35 In section 142 of the School Standards and Framework Act 1998 (general interpretation) for subsection (5) substitute— (5) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if— (a) in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and (b) in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class. 36 (1) Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows. (2) In the title of the Schedule after “nursery education” insert “ in Wales ”. (3) In paragraph 1(1)— (a) in paragraph (za) after “school” (in each place where it occurs) insert “ in Wales ”; (b) in paragraph (a) after “local education authority” insert “ in Wales ”; (c) in paragraph (b) after “local education authority” insert “ in Wales ”. (4) In paragraph 1(2) after “local education authority” insert “ in Wales ”. (5) In paragraph 1(3)(b)(ii) after “local education authority” insert “ in Wales ”. (6) In paragraph 2(1)— (a) omit paragraph (a), and (b) for paragraph (c) substitute— (c) “the Chief Inspector” (without more) means the Chief Inspector for Wales. (7) For paragraph 2(5) substitute— (5) In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004. (8) In paragraph 3 for “the Secretary of State” substitute “ the Assembly ”. (9) In paragraph 4— (a) for “the Secretary of State” (in both places where it occurs) substitute “ the Assembly ”, and (b) for “the Secretary of State's” substitute “ the Assembly's ”. (10) In paragraph 5 for “the Secretary of State” substitute “ the Assembly ”. (11) Omit the following— (a) paragraph 6A, (b) in the cross-heading before paragraph 7, the words “6A or”, (c) in paragraph 7, the words “6A or”, (d) paragraph 13A, (e) paragraph 14(1), (f) in paragraph 16, the words “6A or”, and (g) in paragraph 18, sub-paragraphs (1)(a) and (4)(a). Protection of Children Act 1999 (c. 14) 37 In section 2A of the Protection of Children Act 1999 (power of certain authorities to refer individuals for inclusion in list of persons considered unsuitable to work with children), in subsection (1)(a) for “or Part XA of the Children Act 1989” substitute “ , Part 10A of the Children Act 1989 or Part 3 of the Childcare Act 2006 ”. 38 In section 9 of the Protection of Children Act 1999 (the Tribunal), in subsection (2)— (a) omit the “or” at the end of paragraph (e), and (b) at the end of paragraph (f) insert or (g) on an appeal under, or by virtue of, Part 3 of the Childcare Act 2006. Criminal Justice and Court Services Act 2000 (c. 43) 39 In section 36 of the Criminal Justice and Court Services Act 2000 (meaning of “regulated position”) in subsection (13) for paragraph (c) substitute— (c) in relation to England— (i) a person registered under Part 3 of the Childcare Act 2006, otherwise than as a childminder, for providing care on premises on which the child is cared for, (ii) a person registered under Part 3 of that Act as a childminder who is providing early years or later years childminding (within the meaning of that Part of that Act) for the child, (ca) in relation to Wales, a person registered under Part 10A of the Children Act 1989 for providing day care on premises on which the child is cared for, and . 40 In section 42 of the Criminal Justice and Court Services Act 2000 (interpretation of Part 2) in subsection (1) for the definition of “day care premises” substitute— “day care premises” means— (a) in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006, (b) in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care, . Education Act 2002 (c. 32) 41 In section 153 of the Education Act 2002 (powers of LEA in respect of funded nursery education)— (a) in subsection (1), after “local education authority” insert “ in Wales ”, and (b) in subsection (2)(a), omit “the Secretary of State or (as respects local education authorities in Wales)”. Children Act 2004 (c. 31) 43 In section 12 of the Children Act 2004 (information databases) in subsection (8) for paragraph (a) substitute— (a) a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England); . Education Act 2005 (c. 18) 44 In section 59(1) of the Education Act 2005 (combined reports)— (a) in paragraph (b) after “for children” insert “ in Wales ”, (b) in paragraph (c) after “nursery education” insert “ in Wales ”, (c) omit the “and” at the end of paragraph (c), and (d) at the end of paragraph (d) insert and (e) Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (regulation of early years and later years provision in England).
Propose a changeSection 103(2) Part 1 The curriculum Short title and chapter | Extent of repeal Education Act 1997 (c. 44) | In section 23— in subsection (1), paragraph (c) and the word “and” immediately preceding it; and subsection (2A). Education Act 2002 (c. 32) | In section 76, the definitions of “early learning goals”, “the foundation stage”, and “pupil” and, in the definition of “school year”, the words from “and has a corresponding” to the end. Section 77. Section 78(2). In section 79— in subsection (4)(b), the words from “or the” to “nursery school”; and subsection (5). Section 81. Section 83. In section 87— subsection (2); in subsection (4), the words “(2) or”, in paragraph (a) the words “the foundation stage or” and “educational programme or” and in paragraph (b) the words from “(or the timetables” to “education)”; in subsection (5), the words “(2) or”; subsection (6); in subsection (8), the words “(2)(c) or”; in subsection (10), the words “(6) or” and, in paragraph (a), the words from “or” to “provided”; and in subsection (11), the words “(2)(c) or” and “(6) or”. Section 89. In section 90, in subsection (1) the words “or maintained nursery school” and in subsection (3) the words “or a maintained nursery school”. In section 93(1) and (5), the words “or maintained nursery school”. In section 94(4)(a), the words “or maintained nursery school”. In section 96(1)(a), the words “83(3),”. Section 210(3)(c). In Schedule 17, paragraph 1(4) to (6). Part 2 Other repeals Short title and chapter | Extent of repeal Children Act 1989 (c. 41) | In the heading of Part 10A, the words “England and”. Section 79B(1). Section 79C(1), (4) and (5). In section 79D(4), the words “(whether the contravention occurs in England or Wales)”. Section 79H(3). Section 79N. Sections 79Q and 79R. In section 79S(2), the words from “but the regulations” to the end of the subsection. In section 79U(1), the words “England or”. In section 105(5A)(b) the words “England and”. In Schedule 9A— in paragraph 1(1)(c), the words “the Secretary of State or”, and paragraph 8(1). Police Act 1997 (c. 50) | In section 113F(1)— in paragraph (a), the words “England and”, and in paragraph (c), the words “section 71 of the Children Act 1989 or”. School Standards and Framework Act 1998 (c. 31) | Section 118A. Section 119(5)(ab). In Schedule 26— paragraph 2(1)(a); paragraph 6A; in the cross-heading before paragraph 7, the words “6A, or”; in paragraph 7, the words “6A or”; paragraph 13A; paragraph 14(1); in paragraph 16, the words “6A or”; in paragraph 18, sub-paragraphs (1)(a) and (4)(a). Protection of Children Act 1999 (c. 14) | In section 9(2), the word “or” at the end of paragraph (e). Education Act 2002 (c. 32) | Section 149(1). Section 150(1). In section 153(2)(a) the words “the Secretary of State or (as respects local education authorities in Wales)”. Children Act 2004 (c. 31) | In section 18(2), the word “and” at the end of paragraph (d). In section 23(3), the word “and” at the end of paragraph (b). Education Act 2005 (c. 18) | In section 59(1), the word “and” at the end of paragraph (c). In Schedule 7, paragraphs 1, 3, 4 and 10(6).
Propose a change