Childcare Act 2006 (c. 21)

(The document as of February, 2008)

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(ii) a care home,

(iii) a hospital in which the child is a patient,

(iv) a residential family centre, and

(b) is so provided by the person carrying on the establishment or a person employed to work at the establishment.

(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--

(a) a young offender institution, or

(b) a secure training centre.

(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);

(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.

19 Meaning of "young child"

For the purposes of this Part and Part 3, a child is a "young child" during the period--

(a) beginning with his birth, and

(b) ending immediately before the 1st September next following the date on which he attains the age of five.

20 Meaning of "early years provision"

In this Part "early years provision" means the provision of childcare for a young child.

21 Interpretation of Part 1

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.

Part 2 General Functions of Local Authority: Wales

Provision of childcare

22 Duty to secure sufficient childcare for working parents

(1) A Welsh local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them--

(a) to take up, or remain in, work, or

(b) to undertake education or training which could reasonably be expected to assist them to obtain work.

(2) In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority--

(a) must have regard to the needs of parents in their area for--

(i) the provision of childcare in respect of which the child care element of working tax credit is payable,

(ii) the provision of childcare which is suitable for disabled children, and

(iii) the provision of childcare involving the use of the Welsh language, and

(b) may have regard to any childcare which they expect to be available outside their area.

(3) In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Assembly.

(4) The Assembly may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

(5) Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

(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);
"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--
(a)
has parental responsibility for a child, or
(b)
has care of a child.

23 Powers of local authority in relation to the provision of childcare

(1) A Welsh local authority may--

(a) assist any person who provides or proposes to provide childcare;

(b) make arrangements with any other person for the provision of childcare;

(2) The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.

(3) In exercising their functions under this section, a Welsh local authority must have regard to any guidance given from time to time by the Assembly.

24 Arrangements between local authority and childcare providers

(1) This section applies where a Welsh local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

(2) The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

(3) The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

25 Charges where local authority provide childcare

(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) (day care for pre-school and other children), provision as to charges for such care being made by section 29 of that Act.

26 Power to require local authority to assess childcare provision

(1) The Assembly may by regulations require a Welsh local authority to--

(a) prepare assessments at prescribed intervals of the sufficiency of the provision of childcare (whether or not by them) in their area;

(b) review any such assessment prepared by them.

(2) Regulations under subsection (1) may make provision for the manner in which an assessment or review is to be prepared and, in particular, may require the local authority to--

(a) consult such persons, or persons of such a description, as may be prescribed, and

(b) have regard to any guidance given from time to time by the Assembly.

(3) Subsection (5) of section 22 applies for the purposes of this section as it applies for the purposes of that section.

Information, advice and assistance

27 Duty to provide information, advice and assistance

(1) A Welsh local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

(2) The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following--

(a) the provision of childcare in the area of the local authority;

(b) any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

(c) any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

(3) In prescribing information for the purpose of subsection (2), the Assembly must have regard to the needs of the parents of disabled children or young persons for information relating to--

(a) the provision of childcare which is suitable for disabled children, and

(b) other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

(4) The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

(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.

(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).

(9) In this section--

"parent" means a parent of a child or young person and includes any individual who--
(a)
has parental responsibility for a child, or
(b)
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.

Miscellaneous

28 Inspection

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.

29 Powers of Assembly to secure proper performance etc.

(1) Section 496 of the 1996 Act (power to prevent unreasonable exercise of functions) applies in relation to a Welsh local authority and the powers conferred or duties imposed on them by or under this Part as it applies in relation to a local education authority in Wales and the powers conferred or duties imposed on them by or under the 1996 Act.

(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.

(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.

(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).

Interpretation

30 Interpretation of Part 2

In this Part--

"childcare" means--
(a)
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;
(b)
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

Chapter 1 General functions of Chief Inspector

31 General functions of the Chief Inspector

(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;

(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.

32 Maintenance of the two childcare registers

(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.

(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).

(5) The second Part ("Part B") is to be a register of all persons who are registered as childminders or other childcare providers under Chapter 4 (which provides for the voluntary registration of persons providing early years provision or later years provision in respect of which they are not required to be registered under Chapter 2 or 3).

Chapter 2 Regulation of early years provision

Requirements to register

33 Requirement to register: early years childminders

(1) A person may not provide early years childminding in England unless he is registered in the early years register as an early years childminder.

(2) The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years childminding.

(3) The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)--

(a) the person providing the early years childminding;

(b) the child or children for whom it is provided;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(4) If it appears to the Chief Inspector that a person has provided early years childminding in contravention of subsection (1), he may serve a notice ("an enforcement notice") on the person.

(5) An enforcement notice may be served on a person--

(a) by delivering it to him, or

(b) by sending it by post.

(6) An enforcement notice has effect until it is revoked by the Chief Inspector.

(7) A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides early years childminding in contravention of subsection (1).

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

34 Requirement to register: other early years providers

(1) A person may not provide--

(a) early years provision on premises in England which are not domestic premises, or

(b) early years provision on domestic premises in England which would be early years childminding but for section 96(5),

unless he is registered in the early years register in respect of the premises.

(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--

(i) a maintained school,

(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,

(b) the provision is made by the proprietor of the school or a person employed to work at the school, and

(c) the child is a registered pupil at the school or, if the provision is made for more than one child, at least one of the children is a registered pupil at the school.

(3) The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to early years provision.

(4) The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)--

(a) the person providing the early years provision;

(b) the child or children for whom it is provided;

(d) the premises on which it is provided;

(e) the times during which it is provided;

(f) the arrangements under which it is provided.

(5) A person commits an offence if, without reasonable excuse, he provides early years provision in contravention of subsection (1).

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Process of registration

35 Applications for registration: early years childminders

(1) A person who proposes to provide early years childminding in respect of which he is required by section 33(1) to be registered may make an application to the Chief Inspector for registration as an early years childminder.

(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

(3) The Chief Inspector must grant an application under subsection (1) if--

(a) the applicant is not disqualified from registration by regulations under section 75, 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 him to grant.

(5) The prescribed requirements for registration may include requirements relating to--

(a) the applicant;

(b) the premises on which the early years childminding is to be provided;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

36 Applications for registration: other early years providers

(1) A person who proposes to provide on any premises early years provision in respect of which he is required by section 34(1) to be registered may make an application to the Chief Inspector for registration as an early years provider in respect of the premises.

(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

(3) The Chief Inspector must grant an application under subsection (1) if--

(a) the applicant is not disqualified from registration by regulations under section 75, and

(4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require him to grant.

(5) The prescribed requirements for registration may include requirements relating to--

(a) the applicant;

(b) the premises on which the early years provision is to be provided;

(d) any person who may be caring for children on those premises;

(e) any other person who may be on those premises.

37 Entry on the register and certificates

(1) If an application under section 35(1) is granted, the Chief Inspector must--

(a) register the applicant in the early years register as an early years childminder, and

(b) give the applicant a certificate of registration stating that he is so registered.

(2) If an application under section 36(1) is granted, the Chief Inspector must--

(a) register the applicant in the early years register 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 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 Chief Inspector must give the registered early years provider an amended certificate.

(5) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the registered early years provider a copy, on payment by the provider of any prescribed fee.

38 Conditions on registration

(1) The Chief Inspector may impose such conditions as he thinks fit on the registration of an early years provider 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 37 or at any subsequent time.

(3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4) The power conferred by subsection (1) includes power to impose conditions for the purpose of giving effect to an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.

(5) An early years provider registered under this Chapter commits an offence if, without reasonable excuse, he fails to comply with any condition imposed under subsection (1).

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Requirements to be met by early years providers

39 The Early Years Foundation Stage

(1) For the purpose of promoting the well-being of young children for whom early years provision is provided by early years providers to whom section 40 applies, the Secretary of State must--

(a) by order specify in accordance with section 41 such requirements as he considers appropriate relating to learning by, and the development of, such children ("learning and development requirements"), and

(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".

40 Duty to implement Early Years Foundation Stage

(1) This section applies to--

(a) early years providers providing early years provision in respect of which they are registered under this Chapter, and

(b) early years providers providing early years provision in respect of which, but for section 34(2) (exemption for provision for children aged 3 or over at certain schools), they would be required to be registered under this Chapter.

(2) An early years provider to whom this section applies--

(a) must secure that the early years provision meets the learning and development requirements, and

(b) must comply with the welfare requirements.

41 The learning and development requirements

(1) The learning and development requirements must cover the areas of learning and development specified in subsection (3).

(2) The learning and development requirements may specify in relation to each of the areas of learning and development--

(a) the knowledge, skills and understanding which young children of different abilities and maturities are expected to have before the 1st September next following the day on which they attain the age of five ("early learning goals");

(b) the matters, skills and processes which are required to be taught to young children of different abilities and maturities ("educational programmes"), and

(c) the arrangements which are required for assessing children for the purpose of ascertaining what they have achieved in relation to the early learning goals ("assessment arrangements").

(3) The areas of learning and development are as follows--

(a) personal, social and emotional development,

(b) communication, language and literacy,

(d) knowledge and understanding of the world,

(e) physical development, and

(f) creative development.

(4) The Secretary of State may by order amend subsection (3).

(5) A learning and development order may not require--

(a) the allocation of any particular period or periods of time to the teaching of any educational programme or any matter, skill or process forming part of it, or

(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).

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