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| given up to and including |
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| Wednesday 2 December 2015 |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 8-15, NC1-NC4 |
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| | This document includes all amendments tabled to date, arranged in the order they |
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| Clause 1, page 1, line 13, at end insert— |
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| | “(2A) | The review to be established under subsection (1)(a) shall examine and make |
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| | recommendations about a mechanism and criteria for agreeing— |
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| | (a) | an enhanced rate of funding per hour; |
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| | (b) | more than 30 hours of free childcare per week; |
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| | (c) | free childcare for more than 38 weeks in a year; or |
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| | (d) | a combination of two or more of the enhancements set out in paragraphs |
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| | | in circumstances where the qualifying child has a disability.” |
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| | Member’s explanatory statement
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| | This amendment provides for a review to be carried out to establish criteria for agreeing an |
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| | enhanced hourly rate of funding, free childcare beyond 30 hours a week and/or 38 weeks of the |
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| | year (or a combination of two or more of these), for children with a disability. |
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| Page 1, line 2, leave out Clause 1 |
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| | Member’s explanatory statement
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| | This amendment removes the provision which requires the Secretary of State to carry out an |
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| | independent review of the free childcare entitlement funding system and put in place a funding |
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| | solution which takes account of its findings before the coming into force of the rest of the Act. |
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| Clause 2, page 2, line 17, after “work”, insert “, voluntary work or full-time |
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| | Member’s explanatory statement
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| | This amendment would also allow those parents who undertake voluntary work or who are in full |
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| | time education with the intention of retraining for the workforce to access 30 hours of free |
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| Clause 2, page 2, line 22, at end insert— |
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| | “(ca) | specify other circumstances in which a person is to be regarded as in such |
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| | work where they are the parent of an eligible child who is disabled;” |
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| | Member’s explanatory statement
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| | This amendment probes on the definition of working parents, and specifically when the parent or |
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| | parents of a disabled three to four year-old child will be considered as eligible for the additional |
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| | 15 hours of free childcare. |
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| Clause 2, page 2, line 25, leave out from “about” to the end of line 26 and insert “— |
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| | (i) | the form of a declaration and the manner in which it is to be |
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| | (ii) | the conditions to be met by the person making a declaration; |
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| | (iii) | the period for which a declaration has effect.” |
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| | Member’s explanatory statement
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| | This amendment enables the Secretary of State to set conditions to be met by a person making a |
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| | declaration as to a child’s eligibility for the extended entitlement |
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| Clause 2, page 2, line 26, at end insert— |
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| | “(4A) | For the purposes of assisting the Secretary of State in the discharge of the duty |
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| | imposed by subsection (1), the Commissioners for Her Majesty’s Revenue and |
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| | Customs may carry out functions in connection with the making of |
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| | determinations as to whether a child is a qualifying child of working parents.” |
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| | Member’s explanatory statement
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| | This amendment confers on HMRC the power to make a determination as to a child’s eligibility |
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| | for the extended entitlement and carry out associated functions |
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| Clause 2, page 2, line 26, at end insert— |
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| | “(4A) | In making regulations under subsection 4, the Secretary of State must set out in |
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| | what circumstances a parent or partner who— |
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| | (a) | is a zero hours worker, as defined under section 27B (2) of the |
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| | Employment Rights Act 1996, |
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| | (b) | varies the hours they work on a weekly basis, or |
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| | (c) | varies the hours they work across the year, |
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| | | will be considered to meet any conditions relating to paid work.” |
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| | Member’s explanatory statement
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| | This is a probing amendment to clarify eligibility for those parents whose patterns of work will |
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| | vary day to day and week to week. This would include parents who are on zero hours contracts, |
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| | parents who work flexibly or seasonal hours, and parents who are self-employed. |
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| Clause 3, page 3, line 14, at end insert— |
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| | “(ba) | make provision about determining and auditing the appropriate |
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| | qualifications to be held by staff providing childcare for the purposes of |
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| | this Act, including in relation to staff providing childcare for qualifying |
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| | children with disabilities.” |
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| | Member’s explanatory statement
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| | This amendment would require Government to set out the qualifications that staff would be |
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| | required to have or acquire when providing childcare for disabled children for the purposes of this |
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| Clause 3, page 3, line 14, at end insert— |
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| | “(bb) | make provision to enable priority to be given to qualifying children who |
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| | are also assessed as being disadvantaged in the allocation of childcare |
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| | places in childcare settings that have been classed as outstanding (or |
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| | equivalent) following inspection;” |
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| | Member’s explanatory statement
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| | To require priority to be given to children who have been assessed as disadvantaged in the |
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| | allocation of childcare places in childcare settings that have been classed as outstanding (or |
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| | equivalent) following inspection. |
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| Clause 3, page 3, line 14, at end insert— |
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| | “(bc) | make provision to enable parents to use their total entitlement to free |
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| | childcare per year flexibly for the purposes of reflecting variations in |
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| | need effectively (for example school holidays).” |
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| | Member’s explanatory statement
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| | To allow parents to use their entitlement to 30 hours of free childcare flexibly throughout the year. |
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| Clause 3, page 3, line 32, at end insert “and in connection with the unreasonable |
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| refusal of a childcare place to a qualifying child with a disability” |
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| | Member’s explanatory statement
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| | To ensure that a disabled child is not refused a childcare place on the grounds of their disability. |
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| Clause 3, page 3, line 46, leave out subsection (3) |
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| | Member’s explanatory statement
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| | This amendment removes the provision which requires the Secretary of State to make provision, in |
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| | regulations, to ensure that childcare is made available for parents who have alternative working |
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| | patterns and during the school holidays. |
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| Clause 5, page 5, line 30, leave out subsection (4) and insert— |
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| | “(4) | A statutory instrument containing (whether alone or with other provision) |
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| | regulations mentioned in subsection (5) may not be made unless a draft of the |
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| | instrument has been laid before and approved by a resolution of each House of |
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| | (5) | The regulations referred to in subsection (4) are— |
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| | (a) | the first regulations made under section 2; |
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| | (b) | the first regulations made under section 3(1); |
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| | (c) | any regulations under section 3(7); |
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| | (d) | any other regulations that amend or repeal provision made by an Act. |
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| | (6) | Any other statutory instrument containing regulations is subject to annulment in |
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| | pursuance of a resolution of either House of Parliament.” |
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| | Member’s explanatory statement
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| | This amendment removes the provision which subjects all regulations made under clauses 2 and 3 |
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| | of the Bill to the affirmative procedure on every occasion they are made. Regulations made under |
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| | clauses 2 and 3(1) would instead be subject to the affirmative procedure the first time they are |
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| | made, and the negative procedure thereafter |
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| Clause 8, page 6, line 8, leave out from beginning to “come” in line 10 and insert— |
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| | “(1) | The following provisions come into force on the day on which this Act is |
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| | (2) | The remaining provisions of this Act” |
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| | Member’s explanatory statement
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| | This is consequential on amendment [3]. HMRC’s power to carry out functions in connection with |
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| | the making of determinations as to a child’s eligibility will come into force on Royal Assent |
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| Clause 9, page 6, line 19, leave out subsection (2) |
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| | Member’s explanatory statement
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| | This removes the provision which was inserted to avoid infringing the financial privileges of the |
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| | Commons. Now that the money resolution has been passed this amendment can be removed. |
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| To move the following Clause— |
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| | | “Workforce qualifications |
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| | (1) | For the purposes of securing childcare under section 2, the Secretary of State |
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| | must, within six months of section 2 coming into force, lay a report before both |
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| | Houses of Parliament setting out her proposals for developing the early years |
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| | (2) | The report mentioned in subsection (2)(1) must include, in particular,— |
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| | (a) | a target for the proportion of children who receive early education and/or |
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| | childcare directly led by an early years graduate; |
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| | (b) | a target for the proportion of staff in the early years workforce who have |
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| | a relevant level 3 qualification; and |
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| | (c) | the timescale within which the Government will seek to meet these |
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| To move the following Clause— |
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| | | “Early years SEND co-ordinators |
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| | (1) | Relevant childcare providers of a size prescribed by Regulations must designate |
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| | a member of staff at the setting (to be known as the “Early years SEND co- |
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| | ordinator”) as having responsibility for co-ordinating the provision of childcare |
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| | for children with special educational needs and/or a disability. |
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| | (2) | Regulations may require relevant childcare settings to ensure that Early Years |
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| | SEND co-ordinators have prescribed qualifications or prescribed experience or |
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| | (3) | For the purpose of this section, relevant childcare providers are those funded to |
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| | deliver early education or childcare provision free of charge under section 7(1) of |
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| | the Childcare Act 2006 or section 2(1) of this Act.” |
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| | Member’s explanatory statement
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| | This amendment would require all early years providers of a certain size providing childcare |
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| | under this Act to designate a member of staff to be the early years SEND co-ordinator, and to |
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| | ensure that they are suitably experienced and/or qualified. |
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| To move the following Clause— |
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| | | “Childcare inclusion plan |
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| | Local authorities must produce and maintain a childcare inclusion plan that sets |
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| | out a strategy for how disabled children and those with special educational needs |
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| | will be assisted to access childcare under this Act.” |
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| | Member’s explanatory statement
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| | This amendment requires local authorities to produce a local childcare inclusion plan that sets out |
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| | how disabled children will be assisted to access childcare under this Act. |
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| To move the following Clause— |
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| | | “Number of SEND co-ordinators |
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| | (1) | A local authority must secure there are sufficient SEND co-ordinators in the area |
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| | to provide advice and guidance to childcare providers providing free childcare |
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| | under this Act on how to provide inclusive childcare for disabled children and |
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| | those with special educational needs. |
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| | (2) | Area SEND co-ordinators must have prescribed qualifications or prescribed |
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| | (3) | A local authority must secure, so far as is reasonably practicable, one early years |
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| | SEND needs co-ordinator for every 20 non-maintained childcare providers.” |
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| | Member’s explanatory statement
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| | This amendment requires local authorities to provide advice and guidance to childcare providers |
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| | by providing sufficient Area SEND co-ordinators. |
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| | Order of the House [25 November 2015] |
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| | That the following provisions shall apply to the Childcare Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Tuesday 15 December 2015. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Proceedings on Consideration and up to and including Third Reading |
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| | 4. | Proceedings on Consideration and proceedings in legislative grand |
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| | committee shall (so far as not previously concluded) be brought to a |
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| | conclusion one hour before the moment of interruption on the day on which |
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| | proceedings on Consideration are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on Consideration and up to and including Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of any message from the Lords) may be programmed. |
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