Childcare Act 2006 (c. 21)

(The document as of February, 2008)

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(2) In sub-paragraph (2)--

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

(b) after paragraph (g) insert--

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

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

" (6) In this paragraph--

"caution" includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;
"enactment" means any enactment having effect, at any time, in any part of the United Kingdom. "

General

103 Minor and consequential amendments and repeals

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

(2) The enactments specified in Schedule 3 are repealed to the extent specified.

104 Subordinate legislation: general provisions

(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.

105 Subordinate legislation: parliamentary control

(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

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

106 General interpretation etc.

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)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London (in their capacity as a local authority);
(f)
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).

107 Financial provisions

There shall be paid out of money provided by Parliament--

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

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

108 Isles of Scilly

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

109 Commencement

(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).

110 The appropriate authority by whom commencement order is made

(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 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.

111 Short title and extent

(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.

SCHEDULES

Section 48

SCHEDULE 1 Amendments relating to the curriculum

Interpretation

1 In this Schedule "the 2002 Act" means the Education Act 2002 (c. 32).

Education Act 1997 (c. 44)

2 (1) Section 23 of the Education Act 1997 (functions of Qualifications and Curriculum Authority) is amended as follows.

(2) In subsection (1), omit paragraph (c) and the word "and" immediately preceding it.

(3) After subsection (2) insert--

" (2ZA) If the Secretary of State so provides by order, the Qualifications and Curriculum Authority shall also have--

(a) such additional functions as may be specified in the order with respect to pupils falling within subsection (1)(a) or (b) who are young children, and

(b) such functions as may be specified in the order with respect to children not falling within subsection (1)(a) or (b) for whom early years provision is provided in England by early years providers to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies.

(2ZB) Before making an order under subsection (2ZA), the Secretary of State shall consult the Qualifications and Curriculum Authority. "

(4) Omit subsection (2A).

(5) In subsection (5)--

(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; " , and

(b) at the end insert--

" "young children" has the same meaning as in Part 3 of the Childcare Act 2006. "

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

(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) In subsection (11), omit "(2)(c) or" and "(6) or".

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)".

Section 103(1)

SCHEDULE 2 Minor and consequential amendments

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 In section 65 of the Magistrates' Courts Act 1980 (meaning of family proceedings), in subsection (1) after paragraph (n) insert--

" (nza) section 72 or section 79 of the Childcare Act 2006; " .

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 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".

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

" (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

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,",

(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

" (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 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".

(4) For subsection (14) substitute--

" (14) "Relevant early years education"--

(a) in relation to England, has the same meaning as it has (in relation to England) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a local education authority at a maintained nursery school for a pupil at the school;

(b) in relation to Wales, has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a local education authority at a maintained nursery school. "

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--

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