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Children and Families Bill (HC Bill 5)

Children and Families BillPage 150

(b) in paragraph (a), for “a statement was being maintained for the
person by a local authority under section 324” substitute “an EHC
plan or a statement under section 324 was being maintained for the
person by a local authority”.

(8)
5In subsection (9) after “a copy of any” insert “plan or”.

57 (1) Section 562H (release of detained person appearing to host authority to
require assessment) is amended as follows.

(2) For subsection (2) substitute—

(2) Subsection (3) applies where it appears to the host authority that—

(a) 10if the home authority are a local authority in England, the
detained person will, on release, be a child within the
meaning given in section 579(1);

(b) if the home authority are a local authority in Wales, the
detained person will, on release, be a child within the
15meaning given in section 312(5).

(3) In subsection (5), in paragraph (a) after “learning difficulty” insert “or
disability”.

58 In section 579 (general interpretation)—

(a) in subsection (1), after the definition of “education functions”
20insert—

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

(b) in subsection (1), after the definition of “school year” insert—

  • “special educational needs”—

    (a)

    25in 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;

    (b)

    in relation to a child in the area of a local
    30authority in Wales, has the meaning given by
    section 312;

  • “special educational provision”—

    (a)

    in relation to a person in the area of a local
    authority in England, has the meaning given
    35by section 21(1) and (2) of the Children and
    Families Act 2013;

    (b)

    in relation to a child in the area of a local
    authority in Wales, has the meaning given by
    section 312(4);,

(c) 40after subsection (1) insert—

(1A) For the purposes of this Act a person is subject to learning
difficulty assessment if—

(a) an assessment under section 140 of the Learning and
Skills Act 2000 (learning difficulty assessments:
45Wales) has been conducted in respect of the person, or

(b) arrangements for such an assessment to be conducted
in respect of the person have been made or are
required to be made., and

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(d) before subsection (4) insert—

(3A) References in this Act to a person who is “in the area” of a
local authority in England do not include a person who is
wholly or mainly resident in the area of a local authority in
5Wales.

(3B) References in this Act to a person who is “in the area” of a
local authority in Wales do not include a person who is
wholly or mainly resident in the area of a local authority in
England.

59 10In section 580 (index)—

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

EHC plan section
579(1),

(b) after the entry for “interest in land” insert—

in the area of a local authority in England 15section
579(3A)
in the area of a local authority in Wales section
579(3B),

(c) for the entry for “learning difficulty” substitute—

learning difficulty (in relation to a child in the area of a local
authority in Wales)
20section 312(2)
and (3)
(subject to
subsection
(3A)),

(d) 25in the entry for “special educational needs”, in the second column for
“section 312(1)” substitute “section 579(1)”,

(e) in the entry for “special educational provision”, in the second column
for “section 312(4)” substitute “section 579(1)”,

(f) in the entry for “special school”, in the second column for “sections
306(2) and” substitute “section”, and

(g) in the entry for “subject to learning difficulty assessment”, in the
second column for “section 13(4)” substitute “section 579(1A)”.

60 In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in
paragraph 15(3)—

(a) 35in paragraph (a) for “statement maintained for the child under
section 324” substitute “EHC plan maintained for the child”, and

(b) in paragraph (b) for “statement” substitute “plan”.

61 (1) In Schedule 36A (education functions), the table in paragraph 2 is amended
as follows.

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(2) In the entry for the Disabled Persons (Services, Consultation and
Representation) Act 1986, in the second column after “child with” insert “an
EHC plan or”.

(3) In the entry for the Learning and Skills Act 2000, omit the entry for section
5139A.

Part 2 Amendments to other Acts

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

(2) 10In 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 Childminder agencies: amendments

15Part 1 The childcare registers

1 The Childcare Act 2006 is amended as follows.

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

(2) 20In subsection (2)—

(a) after “register of” insert

(a),

(b) omit “who are”, and

(c) for “under Chapter 2” substitute “by the Chief Inspector for the
25purposes 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
registration of persons with whom early years childminders
30and certain other early years providers may register for the
purposes of Chapter 2).

(4) In subsection (4)—

(a) after “register of” insert

(a),

(b) 35omit “who are”, and

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

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

(b) all persons registered as later years childminder agencies
under Chapter 3A (which provides for the compulsory
registration of persons with whom later years childminders
5and certain other later years providers may register for the
purposes of Chapter 3).

(6) In subsection (5), for “under Chapter 4” substitute “by the Chief Inspector for
the purposes of Chapter 4”.

Part 2 10Early years childminder agencies

3 The Childcare Act 2006 is amended as follows.

4 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) 15in the early years register, or

(b) with an early years childminder agency.

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

(2) For subsection (1) substitute—

(1) 20A 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
25for 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
30(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)”.

6 (1) Section 35 (applications for registration: early years childminders) is
35amended 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) 40to an early years childminder agency for registration with
that agency as an early years childminder.

(3) In subsection (2)—

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(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
Chief Inspector,”.

(4) 5In 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) the applicant is not disqualified from registration by
10regulations 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
15requirements 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 in the early
years register as an early years childminder if the applicant is
20registered with a childminder agency;

(ab) prohibiting the applicant from being registered with an early
years childminder agency as an early years childminder if the
applicant is registered—

(i) with another childminder agency;

(ii) 25in the early years register or the general childcare
register;.

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

(2) After subsection (1) insert—

(1A) 30A 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
provider in respect of the premises, or

(b) 35to 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) after “subsection (1)” insert “or (1A)”,

(b) 40in 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) In subsections (3) and (4), after “subsection (1)” insert “or (1A)(a)”.

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(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 in the early
years register as an early years provider other than a
15childminder if the applicant is registered with a childminder
agency;

(ab) prohibiting the applicant from being registered with an early
years childminder agency as an early years provider other
than a childminder if the applicant is registered—

(i) 20with another childminder agency;

(ii) in the early years register or the general childcare
register;.

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

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

(3) 25In subsection (2) after “section 36(1)” insert “or (1A)(a)”.

9 After 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) 30register the applicant in the register maintained by the
agency 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
35childminder agency must—

(a) register 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
40or she 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
45of a certificate of registration, the early years childminder agency

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must give the registered early years provider an amended
certificate.

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

11 (1) 5Section 44 (instruments specifying learning and development or welfare
requirements) is amended as follows.

(2) In subsection (2)—

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

(b) 10omit “his”.

(3) In 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) 15by early years childminder agencies in the exercise of
functions under this Part,.

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

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

CHAPTER 2A 20Regulation of early years childminder agencies

Process 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) 25An 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

(c) be accompanied by any prescribed fee.

(3) 30The Chief Inspector must grant an application under subsection (1)
if—

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

(b) it appears to the Chief Inspector that any requirements
35prescribed 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 the Chief Inspector to grant.

(5) 40The prescribed requirements for registration may include
requirements relating to—

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(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) 5the 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
10monitoring early years providers and providing such
persons 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) 15If an application under section 51A is granted, the Chief Inspector
must—

(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
20applicant is so registered.

(2) A 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
25of a certificate of registration, the Chief Inspector must give the early
years 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
30prescribed fee.

51C Conditions 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) 35The power conferred by subsection (1) may be exercised at the time
when 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) 40An early years childminder agency commits an offence if, without
reasonable 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
45scale.

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Inspections
51D Inspections of early years childminder agencies

(1) The Chief Inspector—

(a) must inspect an early years childminder agency at any time
5when the Secretary of State requires the Chief Inspector to
secure its inspection, and

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

(2) 10For 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
agency for the purposes of Chapter 2.

(3) The Chief Inspector may charge a prescribed fee for conducting an
15inspection 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
subsection (1)(a) to conduct that inspection.

(4) Regulations may make provision requiring an early years
20childminder agency to notify prescribed persons of the fact that it is
to be inspected under this section.

51E Reports of inspections

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

(a) 25the quality and standards of the services offered by the early
years childminder agency to early years providers registered
with it, and

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

(2) 30The 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
35the 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
persons as may be prescribed, and

(d) may arrange for the report (or parts of it) to be further
40published in any manner the Chief Inspector considers
appropriate.

(3) Regulations may make provision—

(a) requiring the early years childminder agency to make a copy
of any report sent to it under subsection (2)(b) available for
45inspection by prescribed persons;

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

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

False representations
51F False representations

(1) 5A person who without reasonable excuse falsely represents that the
person is an early years childminder agency commits an offence.

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

10Part 3 Later years childminder agencies

14 The Childcare Act 2006 is amended as follows.

15 In 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
15a childminder” substitute as a later years childminder—

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

(b) with a later years childminder agency.

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

(2) 20For 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
domestic premises unless the person is registered in Part A of the
general childcare register in respect of the premises.

(1A) 25A 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
the person is registered—

(a) in Part A of the general childcare register in respect of the
30premises, or

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

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

(4) 35In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.

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

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

(2) 40In subsection (1) for “to the Chief Inspector for registration as a later years