Children and Families Bill (HC Bill 131)

2 Before section 312 (meaning of special educational needs etc) insert—

“311A Application of this Chapter: children in Wales

(1) This Chapter applies only in relation to children in the area of a local
authority in Wales.

(2) 5A reference in this Chapter, and in the definitions of “special
education needs” in sections 579(1) and 580, to a child who is “in the
area” of a local authority in Wales does not include a child who is
wholly or mainly resident in the area of a local authority in England.”

3 In section 313 (code of practice), in subsection (5)—

(a) 10after “means” insert “the Special Educational Needs Tribunal for
Wales.”, and

(b) omit paragraphs (a) and (b).

4 (1) Section 316A (education otherwise than in mainstream schools) is amended
as follows.

(2) 15In subsection (8)—

(a) after “issued” insert “by the National Assembly for Wales”, and

(b) omit paragraphs (a) and (b).

(3) In subsection (10) omit “, in relation to Wales,”.

5 For section 337 (special schools) substitute—

“337 20Special schools

A school is a special school if it is specially organised to make special
educational provision for pupils with special educational needs, and
it is—

(a) maintained by a local authority,

(b) 25an Academy school, or

(c) a non-maintained special school.”

6 In section 342 (approval of non-maintained special schools), in subsection
(1)(b) after “community or foundation special school” insert “or an Academy
school”.

7 (1) 30Section 438 (choice of school: child without statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) 35after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In the title, after “without” insert “EHC plan or”.

8 (1) Section 440 (amendment of order at request of parent: child without
statement of special educational needs) is amended as follows.

(2) In subsection (1)—

(a) 40after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In the title, after “without” insert “EHC plan or”.

9 (1) Section 441 (choice of school: child with statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) 5after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In subsection (2) after “Where the” insert “EHC plan or”.

(4) In subsection (3)—

(a) 10after “Where the” insert “EHC plan or”, and

(b) after “amend the” insert “EHC plan or”.

(5) After subsection (3A) insert—

“(3B) An amendment to an EHC plan required to be made under
subsection (3)(a) shall be treated as if it were an amendment made
15following a review under section 44 of the Children and Families Act
2013, and that section and regulations made under it apply
accordingly.”

(6) In subsection (4)—

(a) in paragraph (a) after “maintain” insert “an EHC plan or”, and

(b) 20in paragraph (b) after “specified in the” insert “plan or”.

(7) In the title, after “with” insert “EHC plan or”.

10 In section 442 (revocation of order at request of parent), in subsection (5)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”,

(b) 25after “section 324” insert “(in the case of a local authority in Wales)”,

(c) in paragraph (a) after “specified in” substitute “the EHC plan or”,
and

(d) in paragraph (b) after “in the” insert “plan or the”.

11 In section 463 (meaning of “independent school”)—

(a) 30in subsection (1)(b), after “for whom” insert “an EHC plan is
maintained or for whom”, and

(b) in subsection (1), for “or a special school not so maintained”
substitute “non-maintained special school”.

12 In section 579 (general interpretation), in subsection (1)—

(a) 35after the definition of “education functions” insert—

• ““EHC plan” means a plan within section 37(2) of the
  Children and Families Act 2013;”, and

(b) after the definition of “school year” insert—

• ““special educational needs”—

  (a)

  40in relation to a child or young person in the
  area of a local authority in England, has the
  meaning given by section 20(1) of the
  Children and Families Act 2013;

  Children and Families BillPage 142

  (b)

  in relation to a child in the area of a local
  authority in Wales, has the meaning given by
  section 312;”.

13 In section 580 (index)—

(a) 5after the entry for “education functions” insert—

(b) for the entry for “special educational needs” substitute—

Part 2 Amendments to other Acts

14 (1) In the Learning and Skills Act 2000, sections 139A, 139B and 139C
15(assessments relating to learning difficulties: England) are repealed.

(2) In consequence of the repeals made by sub-paragraph (1), section 80 of the
Education and Skills Act 2008 (assessments relating to learning difficulties)
is repealed.

Section 73

SCHEDULE 4 20Childminder agencies: amendments to the Childcare Act 2006 and related
amendments

Part 1 The childcare registers

1 (1) Section 32 (childcare registration in England: maintenance of the two
25childcare registers) is amended as follows.

(2) In subsection (2)—

(a) after “register of” insert “—

(a)”,

(b) omit “who are”, and

(c) 30for “under Chapter 2” substitute “by the Chief Inspector for the
purposes of Chapter 2”.

(3) At the end of that subsection insert “, and

(b) all persons registered as early years childminder agencies
under Chapter 2A (which provides for the compulsory
35registration of persons with whom early years childminders

and certain other early years providers may register for the
purposes of Chapter 2).”

(4) In subsection (4)—

(a) after “register of” insert “—

(a)”,

(b) omit “who are”, and

(c) for “under Chapter 3” substitute “by the Chief Inspector for the
purposes of Chapter 3”.

(5) At the end of that subsection insert “, and

(b) 10all persons registered as later years childminder agencies
under Chapter 3A (which provides for the compulsory
registration of persons with whom later years childminders
and certain other later years providers may register for the
purposes of Chapter 3).”

15Part 2 Early years childminder agencies

2 In section 33 (requirement to register: early years childminders), in
subsection (1) for “in the early years register as an early years childminder”
substitute “as an early years childminder—

(a) 20in the early years register, or

(b) with an early years childminder agency.”

3 (1) Section 34 (requirement to register: other early years providers) is amended
as follows.

(2) For subsection (1) substitute—

“(1) 25A person may not provide early years provision on premises in
England which are not domestic premises unless the person is
registered in the early years register in respect of the premises.

(1A) A person may not provide early years provision on domestic
premises in England which would be early years childminding but
30for section 96(5) unless the person is registered—

(a) in the early years register in respect of the premises, or

(b) with an early years childminder agency in respect of the
premises.”

(3) In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and
35(1A) do”.

(4) In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.

(5) In subsection (5) after “subsection (1)” insert “or (1A)”.

4 (1) Section 35 (applications for registration: early years childminders) is
40amended as follows.

(2) In subsection (1) for “to the Chief Inspector for registration as an early years

childminder” substitute “—

(a) to the Chief Inspector for registration as an early years
childminder in the early years register, or

(b) to an early years childminder agency for registration with
5that agency as an early years childminder.”

(3) In subsection (2)—

(a) in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the early years childminder agency”, and

(b) in paragraph (c) at the beginning insert “if it is an application to the
10Chief Inspector,”.

(4) In subsections (3) and (4), after “subsection (1)” insert “(a)”.

(5) After subsection (4) insert—

“(4A) An early years childminder agency may grant an application under
subsection (1)(b) only if—

(a) 15the applicant is not disqualified from registration by
regulations under section 75,

(b) it appears to the agency that the prescribed requirements for
registration are satisfied and are likely to continue to be
satisfied, and

(c) 20it appears to the agency that any other reasonable
requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered—

(i) 25in the early years register and with an early years
childminder agency;

(ii) with more than one early years childminder agency;”.

5 (1) Section 36 (applications for registration: other early years providers) is
amended as follows.

(2) 30After subsection (1) insert—

“(1A) A person who proposes to provide on any premises early years
provision in respect of which the person is required by section 34(1A)
to be registered may make an application—

(a) to the Chief Inspector for registration as an early years
35provider in respect of the premises, or

(b) to an early years childminder agency for registration with
that agency as an early years provider in respect of the
premises.”

(3) In subsection (2)—

(a) 40after “subsection (1)” insert “or (1A)”,

(b) in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the early years childminder agency”, and

(c) in paragraph (c) at the beginning insert “if it is an application to the
Chief Inspector,”.

(4) 45In subsections (3) and (4), after “subsection (1)” insert “or (1A)(a)”.

(5) After subsection (4) insert—

“(4A) An early years childminder agency may grant an application under
subsection (1A)(b) only if—

(a) the applicant is not disqualified from registration by
5regulations under section 75,

(b) it appears to the agency that the prescribed requirements for
registration are satisfied and are likely to continue to be
satisfied, and

(c) it appears to the agency that any other reasonable
10requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered—

(i) in the early years register and with an early years
15childminder agency;

(ii) with more than one early years childminder agency;”.

6 (1) Section 37 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 35(1)” insert “(a)”.

(3) In subsection (2) after “section 36(1)” insert “or (1A)(a)”.

7 20After section 37 insert—

“37A Early years childminder agencies: registers and certificates

(1) If an application under section 35(1)(b) is granted, the early years
childminder agency must—

(a) register the applicant in the register maintained by the
25agency as an early years childminder, and

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

(2) If an application under section 36(1A)(b) is granted, the early years
childminder agency must—

(a) 30register the applicant in the register maintained by the
agency as an early years provider other than a childminder,
in respect of the premises in question, and

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

(3) 35A certificate of registration given to the applicant in pursuance of
subsection (1) or (2) must contain prescribed information about
prescribed matters.

(4) If there is a change of circumstances which requires the amendment
of a certificate of registration, the early years childminder agency
40must give the registered early years provider an amended
certificate.”

8 In section 38 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in the early years register”.

9 (1) Section 44 (instruments specifying learning and development or welfare
45requirements) is amended as follows.

(2) In subsection (2)—

(a) after “Chief Inspector” insert “or early years childminder agencies”,
and

(b) omit “his”.

(3) 5In subsection (3) after “Chief Inspector” insert “or early years childminder
agencies”.

(4) In subsection (4) after paragraph (a) (and before the “or” which follows it)
insert—

“(aa) by early years childminder agencies in the exercise of
10functions under this Part,”.

10 In section 49 (inspections), in subsection (1) for “under this Chapter”
substitute “in the early years register”.

11 After Chapter 2 (regulation of early years provision) insert—

“CHAPTER 2A Regulation of early years childminder agencies

15Process of registration

51A Applications for registration

(1) A person may make an application to the Chief Inspector for
registration as an early years childminder agency.

(2) An application under subsection (1) must—

(a) 20give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector
reasonably requires the applicant to give, and

(c) be accompanied by any prescribed fee.

(3) The Chief Inspector must grant an application under subsection (1)
25if—

(a) the applicant is not disqualified from registration by
regulations under section 76A, and

(b) it appears to the Chief Inspector that any requirements
prescribed for the purposes of this subsection (“the
30prescribed requirements for registration”) are satisfied and
are likely to continue to be satisfied.

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

(5) The prescribed requirements for registration may include
35requirements relating to—

(a) the applicant;

(b) any persons employed by the applicant;

(c) management and control of the applicant (where the
applicant is not an individual);

(d) 40the provision to the Chief Inspector of information about
early years providers registered with the applicant;

(e) the applicant’s arrangements for registering early years
providers;

(f) the applicant’s arrangements in relation to training and
monitoring early years providers and providing such
5persons with information, advice and assistance;

(g) the applicant’s arrangements for ensuring that early years
provision is of a sufficient standard.

51B Entry on the register and certificates

(1) If an application under section 51A is granted, the Chief Inspector
10must—

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

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

(2) 15A certificate of registration given to the applicant in pursuance of
subsection (1) must contain prescribed information about prescribed
matters.

(3) If there is a change of circumstances which requires the amendment
of a certificate of registration, the Chief Inspector must give the early
20years childminder agency an amended certificate.

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

51C 25Conditions on registration

(1) The Chief Inspector may impose such conditions as the Chief
Inspector thinks fit on the registration of an early years childminder
agency under this Chapter.

(2) The power conferred by subsection (1) may be exercised at the time
30when the Chief Inspector registers the person in pursuance of section
51B or at any subsequent time.

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

(4) An early years childminder agency commits an offence if, without
35reasonable excuse, the agency fails to comply with any condition
imposed under subsection (1).

(5) A person guilty of an offence under subsection (4) is liable on
summary conviction to a fine not exceeding level 5 on the standard
scale.

40Inspections

51D Inspections of early years childminder agencies

(1) The Chief Inspector—

(a) must inspect an early years childminder agency at any time
when the Secretary of State requires the Chief Inspector to
secure its inspection, and

(b) may inspect an early years childminder agency at any other
5time when the Chief Inspector considers that it would be
appropriate for it to be inspected.

(2) For the purposes of an inspection under this section, the Chief
Inspector may inspect early years provision provided by early years
providers who are registered with the early years childminder
10agency for the purposes of Chapter 2.

(3) The Chief Inspector may charge a prescribed fee for conducting an
inspection of an early years childminder agency where—

(a) the inspection is conducted at the request of the agency, and

(b) the Chief Inspector is required by the Secretary of State under
15subsection (1)(a) to conduct that inspection.

(4) Regulations may make provision requiring an early years
childminder agency to notify prescribed persons of the fact that it is
to be inspected under this section.

51E Reports of inspections

(1) 20After conducting an inspection under section 51D, the Chief
Inspector must make a report in writing on—

(a) the quality and standards of the services offered by the early
years childminder agency to early years providers registered
with it, and

(b) 25the quality of leadership and management in the early years
childminder agency.

(2) The Chief Inspector—

(a) may send a copy of the report to the Secretary of State and
must do so without delay if the Secretary of State requests a
30copy,

(b) must ensure that a copy of the report is sent without delay to
the early years childminder agency,

(c) must ensure that copies of the report, or such parts of it as the
Chief Inspector considers appropriate, are sent to such other
35persons as may be prescribed, and

(d) may arrange for the report (or parts of it) to be further
published in any manner the Chief Inspector considers
appropriate.

(3) Regulations may make provision—

(a) 40requiring the early years childminder agency to make a copy
of any report sent to it under subsection (2)(b) available for
inspection by prescribed persons;

(b) requiring the agency, except in prescribed cases, to provide a
copy of the report to prescribed persons;

(c) 45authorising the agency in prescribed cases to charge a fee for
providing a copy of the report.

False representations

51F False representations

(1) A person who without reasonable excuse falsely represents that the
person is an early years childminder agency commits an offence.

(2) 5A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard
scale.”

Part 3 Later years childminder agencies

12 10In section 52 (requirement to register: later years childminders for children
under 8), in subsection (1) for “in Part A of the general childcare register as
a childminder” substitute “as a later years childminder—

(a) in Part A of the general childcare register, or

(b) with a later years childminder agency.”

13 (1) 15Section 53 (requirement to register: other later years providers for children
under 8) is amended as follows.

(2) For subsection (1) substitute—

“(1) A person may not provide, for a child who has not attained the age
of eight, later years provision on premises in England which are not
20domestic premises unless the person is registered in Part A of the
general childcare register in respect of the premises.

(1A) A person may not provide, for a child who has not attained the age
of eight, later years provision on domestic premises in England
which would be later years childminding but for section 96(9) unless
25the person is registered—

(a) in Part A of the general childcare register in respect of the
premises, or

(b) with a later years childminder agency in respect of the
premises.”

(3) 30In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and
(1A) do”.

(4) In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.

(5) In subsection (5) after “subsection (1)” insert “or (1A)”.

14 (1) 35Section 54 (applications for registration: later years childminders) is
amended as follows.

(2) In subsection (1) for “to the Chief Inspector for registration as a later years
childminder” substitute “—

(a) to the Chief Inspector for registration as a later years
40childminder in Part A of the general childcare register, or

(b) to a later years childminder agency for registration with that
agency as a later years childminder.”