Childcare Act 2006 (c. 21)

(The document as of February, 2008)

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(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

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--

(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";

(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",

(d) paragraph 13A,

(e) paragraph 14(1),

(f) in paragraph 16, the words "6A or", and

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

Protection of Children Act 1999 (c. 14)

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

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

(a) omit the "or" at the end of paragraph (e), and

(b) at the end of paragraph (f) insert " or

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

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

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

" (c) in relation to England--

(i) a person registered under Part 3 of the Childcare Act 2006, otherwise than as a childminder, for providing care on premises on which the child is cared for,

(ii) a person registered under Part 3 of that Act as a childminder who is providing early years or later years childminding (within the meaning of that Part of that Act) for the child,

(ca) in relation to Wales, a person registered under Part 10A of the Children Act 1989 for providing day care on premises on which the child is cared for, and " .

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

" "day care premises" means--

(a) in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006,

(b) in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care, " .

Education Act 2002 (c. 32)

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

(a) in subsection (1), after "local education authority" insert "in Wales", and

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

42 In section 176 of the Education Act 2002 (consultation with pupils) in subsection (3) for the definition of "pupil" substitute--

" "pupil" does not include a child who is being provided with early years education (whether at a school or elsewhere) and, for this purpose, "early years education" means--

(a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006, and

(b) in relation to Wales, nursery education. "

Children Act 2004 (c. 31)

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",

(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). "

Section 103(2)

SCHEDULE 3 Repeals

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-- (a) in paragraph 1(1)(c), the words "the Secretary of State or", and (b) paragraph 8(1).
Police Act 1997 (c. 50)	In section 113F(1)-- (a) in paragraph (a), the words "England and", and (b) 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-- (a) paragraph 2(1)(a); (b) paragraph 6A; (c) in the cross-heading before paragraph 7, the words "6A, or"; (d) in paragraph 7, the words "6A or"; (e) paragraph 13A; (f) paragraph 14(1); (g) in paragraph 16, the words "6A or"; (h) 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).

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