1

House of Commons

Notices of Amendments

given up to and including

Wednesday 2 December 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 8-15, NC1-NC4

Public Bill Committee

Childcare Bill [Lords]

Note

This document includes all amendments tabled to date, arranged in the order they

relate to the Bill.

Pat Glass

Jess Phillips

Alex Cunningham

10

Clause  1,  page  1,  line  13,  at end insert—

“(2A)    

The review to be established under subsection (1)(a) shall examine and make    

recommendations about a mechanism and criteria for agreeing—

(a)    

an enhanced rate of funding per hour;

(b)    

more than 30 hours of free childcare per week;

(c)    

free childcare for more than 38 weeks in a year; or

(d)    

a combination of two or more of the enhancements set out in paragraphs

(a) to (c);

in circumstances where the qualifying child has a disability.”

Member’s explanatory statement

This amendment provides for a review to be carried out to establish criteria for agreeing an

enhanced hourly rate of funding, free childcare beyond 30 hours a week and/or 38 weeks of the

year (or a combination of two or more of these), for children with a disability.

Notices of Amendments: 2 December 2015                  

2

Childcare Bill-[ [], continued

Mr Sam Gyimah

1

Page  1,  line  2,  leave out Clause 1

Member’s explanatory statement

This amendment removes the provision which requires the Secretary of State to carry out an

independent review of the free childcare entitlement funding system and put in place a funding

solution which takes account of its findings before the coming into force of the rest of the Act.

Pat Glass

Jess Phillips

8

Clause  2,  page  2,  line  17,  after “work”, insert “, voluntary work or full-time

education course”

Member’s explanatory statement

This amendment would also allow those parents who undertake voluntary work or who are in full

time education with the intention of retraining for the workforce to access 30 hours of free

childcare.

Pat Glass

Jess Phillips

12

Clause  2,  page  2,  line  22,  at end insert—

“(ca)    

specify other circumstances in which a person is to be regarded as in such

work where they are the parent of an eligible child who is disabled;”

Member’s explanatory statement

This amendment probes on the definition of working parents, and specifically when the parent or

parents of a disabled three to four year-old child will be considered as eligible for the additional

15 hours of free childcare.

Mr Sam Gyimah

2

Clause  2,  page  2,  line  25,  leave out from “about” to the end of line 26 and insert “—

(i)    

the form of a declaration and the manner in which it is to be

made;

(ii)    

the conditions to be met by the person making a declaration;

(iii)    

the period for which a declaration has effect.”

Member’s explanatory statement

This amendment enables the Secretary of State to set conditions to be met by a person making a

declaration as to a child’s eligibility for the extended entitlement

Mr Sam Gyimah

3

Clause  2,  page  2,  line  26,  at end insert—

“(4A)    

For the purposes of assisting the Secretary of State in the discharge of the duty

imposed by subsection (1), the Commissioners for Her Majesty’s Revenue and

Customs may carry out functions in connection with the making of

determinations as to whether a child is a qualifying child of working parents.”

Member’s explanatory statement

This amendment confers on HMRC the power to make a determination as to a child’s eligibility

for the extended entitlement and carry out associated functions

Notices of Amendments: 2 December 2015                  

3

Childcare Bill-[ [], continued

Pat Glass

Jess Phillips

9

Clause  2,  page  2,  line  26,  at end insert—

“(4A)    

In making regulations under subsection 4, the Secretary of State must set out in

what circumstances a parent or partner who—

(a)    

is a zero hours worker, as defined under section 27B (2) of the

Employment Rights Act 1996,

(b)    

varies the hours they work on a weekly basis, or

(c)    

varies the hours they work across the year,

will be considered to meet any conditions relating to paid work.”

Member’s explanatory statement

This is a probing amendment to clarify eligibility for those parents whose patterns of work will

vary day to day and week to week. This would include parents who are on zero hours contracts,

parents who work flexibly or seasonal hours, and parents who are self-employed.

Pat Glass

Jess Phillips

11

Clause  3,  page  3,  line  14,  at end insert—

“(ba)    

make provision about determining and auditing the appropriate

qualifications to be held by staff providing childcare for the purposes of

this Act, including in relation to staff providing childcare for qualifying

children with disabilities.”

Member’s explanatory statement

This amendment would require Government to set out the qualifications that staff would be

required to have or acquire when providing childcare for disabled children for the purposes of this

Act.

Pat Glass

Jess Phillips

Alex Cunningham

14

Clause  3,  page  3,  line  14,  at end insert—

“(bb)    

make provision to enable priority to be given to qualifying children who

are also assessed as being disadvantaged in the allocation of childcare

places in childcare settings that have been classed as outstanding (or

equivalent) following inspection;”

Member’s explanatory statement

To require priority to be given to children who have been assessed as disadvantaged in the

allocation of childcare places in childcare settings that have been classed as outstanding (or

equivalent) following inspection.

Notices of Amendments: 2 December 2015                  

4

Childcare Bill-[ [], continued

Pat Glass

Jess Phillips

Alex Cunningham

15

Clause  3,  page  3,  line  14,  at end insert—

“(bc)    

make provision to enable parents to use their total entitlement to free

childcare per year flexibly for the purposes of reflecting variations in

need effectively (for example school holidays).”

Member’s explanatory statement

To allow parents to use their entitlement to 30 hours of free childcare flexibly throughout the year.

Pat Glass

Jess Phillips

Alex Cunningham

13

Clause  3,  page  3,  line  32,  at end insert “and in connection with the unreasonable

refusal of a  childcare place to a qualifying child with a disability”

Member’s explanatory statement

To ensure that a disabled child is not refused a childcare place on the grounds of their disability.

Mr Sam Gyimah

4

Clause  3,  page  3,  line  46,  leave out subsection (3)

Member’s explanatory statement

This amendment removes the provision which requires the Secretary of State to make provision, in

regulations, to ensure that childcare is made available for parents who have alternative working

patterns and during the school holidays.

Mr Sam Gyimah

5

Clause  5,  page  5,  line  30,  leave out subsection (4) and insert—

“(4)    

A statutory instrument containing (whether alone or with other provision)

regulations mentioned in subsection (5) may not be made unless a draft of the

instrument has been laid before and approved by a resolution of each House of

Parliament.

(5)    

The regulations referred to in subsection (4) are—

(a)    

the first regulations made under section 2;

(b)    

the first regulations made under section 3(1);

(c)    

any regulations under section 3(7);

(d)    

any other regulations that amend or repeal provision made by an Act.

(6)    

Any other statutory instrument containing regulations is subject to annulment in

pursuance of a resolution of either House of Parliament.”

Member’s explanatory statement

This amendment removes the provision which subjects all regulations made under clauses 2 and 3

of the Bill to the affirmative procedure on every occasion they are made. Regulations made under

clauses 2 and 3(1) would instead be subject to the affirmative procedure the first time they are

made, and the negative procedure thereafter

Notices of Amendments: 2 December 2015                  

5

Childcare Bill-[ [], continued

Mr Sam Gyimah

6

Clause  8,  page  6,  line  8,  leave out from beginning to “come” in line 10 and insert—

“(1)    

The following provisions come into force on the day on which this Act is

passed—

(a)    

section 2(4A);

(b)    

section 7;

(c)    

this section;

(d)    

section 9.

(2)    

The remaining provisions of this Act”

Member’s explanatory statement

This is consequential on amendment [3]. HMRC’s power to carry out functions in connection with

the making of determinations as to a child’s eligibility will come into force on Royal Assent

Mr Sam Gyimah

7

Clause  9,  page  6,  line  19,  leave out subsection (2)

Member’s explanatory statement

This removes the provision which was inserted to avoid infringing the financial privileges of the

Commons. Now that the money resolution has been passed this amendment can be removed.

New Clauses

Alex Cunningham

NC1

To move the following Clause—

“Workforce qualifications

(1)    

For the purposes of securing childcare under section 2, the Secretary of State

must, within six months of section 2 coming into force, lay a report before both

Houses of Parliament setting out her proposals for developing the early years

workforce.

(2)    

The report mentioned in subsection (2)(1) must include, in particular,—

(a)    

a target for the proportion of children who receive early education and/or

childcare directly led by an early years graduate;

(b)    

a target for the proportion of staff in the early years workforce who have

a relevant level 3 qualification; and

(c)    

the timescale within which the Government will seek to meet these

targets.”

Notices of Amendments: 2 December 2015                  

6

Childcare Bill-[ [], continued

Pat Glass

Jess Phillips

NC2

To move the following Clause—

“Early years SEND co-ordinators

(1)    

Relevant childcare providers of a size prescribed by Regulations must designate

a member of staff at the setting (to be known as the “Early years SEND co-

ordinator”) as having responsibility for co-ordinating the provision of childcare

for children with special educational needs and/or a disability.

(2)    

Regulations may require relevant childcare settings to ensure that Early Years

SEND co-ordinators have prescribed qualifications or prescribed experience or

both.

(3)    

For the purpose of this section, relevant childcare providers are those funded to

deliver early education or childcare provision free of charge under section 7(1) of

the Childcare Act 2006 or section 2(1) of this Act.”

Member’s explanatory statement

This amendment would require all early years providers of a certain size providing childcare

under this Act to designate a member of staff to be the early years SEND co-ordinator, and to

ensure that they are suitably experienced and/or qualified.

Pat Glass

Jess Phillips

Alex Cunningham

NC3

To move the following Clause—

“Childcare inclusion plan

Local authorities must produce and maintain a childcare inclusion plan that sets

out a strategy for how disabled children and those with special educational needs

will be assisted to access childcare under this Act.”

Member’s explanatory statement

This amendment requires local authorities to produce a local childcare inclusion plan that sets out

how disabled children will be assisted to access childcare under this Act.

Pat Glass

Jess Phillips

Alex Cunningham

NC4

To move the following Clause—

“Number of SEND co-ordinators

(1)    

A local authority must secure there are sufficient SEND co-ordinators in the area

to provide advice and guidance to childcare providers providing free childcare

under this Act on how to provide inclusive childcare for disabled children and

those with special educational needs.

Notices of Amendments: 2 December 2015                  

7

Childcare Bill-[ [], continued

(2)    

Area SEND co-ordinators must have prescribed qualifications or prescribed

experience or both.

(3)    

A local authority must secure, so far as is reasonably practicable, one early years

SEND needs co-ordinator for every 20 non-maintained childcare providers.”

Member’s explanatory statement

This amendment requires local authorities to provide advice and guidance to childcare providers

by providing sufficient Area SEND co-ordinators.

Order of the House [25 November 2015]

That the following provisions shall apply to the Childcare Bill [Lords]:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 15 December 2015.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and proceedings in legislative grand

committee shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

proceedings on Consideration are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and up to and including Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.