Children and Families Bill (HL Bill 83)

(b) the Chief Inspector has consented in writing to the person’s
not being disqualified from registration and has not
withdrawn the consent.

76B Consequences of disqualification: childminder agencies

(1) 5A person who is disqualified from registration by regulations under
section 76A must not—

(a) exercise any functions of an early years childminder agency
or a later years childminder agency,

(b) represent that the person can exercise such functions,

(c) 10be a director, manager or other officer of, or partner in, an
early years childminder agency or a later years childminder
agency, be a member of the governing body of such an
agency, or otherwise be directly concerned in the
management of such an agency, or

(d) 15work for such an agency in any capacity which involves
entering premises on which early years provision or later
years provision is being provided.

(2) No early years childminder agency or later years childminder
agency may employ a person who is disqualified from registration
20by regulations under section 76A in any capacity which involves—

(a) being directly concerned in the management of an early years
childminder agency or a later years childminder agency, or

(b) entering premises on which early years provision or later
years provision is being provided.

(3) 25A person who contravenes subsection (1) or (2) commits an offence.

(4) A person (“P”) who contravenes subsection (2) is not guilty of an
offence under subsection (3) if P proves that P did not know, and had
no reasonable grounds for believing, that the person whom P was
employing was disqualified from registration.

(5) 30A person guilty of an offence under subsection (3) is liable on
summary conviction to imprisonment for a term not exceeding 51
weeks, or to a fine not exceeding level 5 on the standard scale, or to
both.

(6) In relation to an offence committed before the commencement of
35section 281(5) of the Criminal Justice Act 2003 (c. 44)2003 (c. 44) (alteration of
penalties for summary offences), the reference in subsection (5) to 51
weeks is to be read as a reference to 6 months.”

47 (1) Section 77 (powers of entry) is amended as follows.

(2) In subsection (1)—

(a) 40after “34(1)” insert “or (1A)”, and

(b) after “53(1)” insert “or (1A)”.

(3) In subsection (2)(a) for “or 60” substitute “, 51D(2), 60 or 61E(2)”.

(4) For the title substitute “Chief Inspector’s powers of entry: early years
provision and later years provision”.

48 45For the title of section 78 substitute “Powers of entry under section 77:
requirement for consent”.

49 After section 78 insert—

“78A Chief Inspector’s powers of entry: childminder agencies

(1) The Chief Inspector may at any reasonable time enter any premises
in England if the Chief Inspector has reasonable cause to believe that
5a person on the premises is falsely representing—

(a) that the person is an early years childminder agency, or

(b) that the person is a later years childminder agency.

(2) The Chief Inspector may at any reasonable time enter any premises
in England which is registered in—

(a) 10the early years register as premises of an early years
childminder agency, or

(b) Part A of the general childcare register as premises of a later
years childminder agency,

for any of the purposes in subsection (3).

(3) 15Those purposes are—

(a) conducting an inspection under section 51D(1) or 61E(1);

(b) determining whether any conditions or requirements
imposed by or under this Part are being complied with.

(4) An authorisation given by the Chief Inspector under paragraph 9(1)
20of Schedule 12 to the Education and Inspections Act 2006 in relation
to the functions under subsection (1) or (2)—

(a) may be given for a particular occasion or period;

(b) may be given subject to conditions.

(5) A person entering premises under this section may (subject to any
25conditions imposed under subsection (4)(b))—

(a) inspect the premises;

(b) inspect, and take copies of—

(i) any records kept concerning early years providers or
later years providers, and

(ii) 30any other documents containing information relating
to such providers;

(c)
seize and remove any document or other material or thing
found there which the person has reasonable grounds to
believe may be evidence of a failure to comply with any
35condition or requirement imposed by or under this Part;

(d) take measurements and photographs or make recordings;

(e) interview in private any person present on the premises who
works there.

(6) A person entering premises under this section may (subject to any
40conditions imposed under subsection (4)(b)) require any person to
afford such facilities and assistance with respect to matters within
the person’s control as are necessary to enable the powers under this
section to be exercised.

(7) Section 58 of the Education Act 2005 (inspection of computer records
45for the purposes of Part 1 of that Act) applies for the purposes of this
section as it applies for the purposes of Part 1 of that Act.

(8) It is an offence intentionally to obstruct a person exercising any
power under this section.

(9) A person guilty of an offence under subsection (8) is liable on
summary conviction to a fine not exceeding level 4 on the standard
5scale.

(10) In this section, “documents” and “records” each include information
recorded in any form.

78B Powers of entry under section 78A: requirement for consent

(1) This section applies where a person (“the authorised person”)
10proposes to enter domestic premises in pursuance of a power of
entry conferred by section 78A(2).

(2) If the authorised person has reasonable cause to believe that the
premises are the home of a person who—

(a) is not employed by the early years childminder agency or (as
15the case may be) the later years childminder agency, or

(b) is not a director, manager or other officer of, or partner in, the
agency, a member of its governing body or otherwise directly
concerned in the management of the agency,

the authorised person may not enter the premises without the
20consent of an adult who is an occupier of the premises and who falls
within paragraph (a) or (b).”

50 In section 79 (power of constable to assist in exercise of powers of entry), in
subsection (2), in paragraph (a) after “77” insert “or 78A”.

51 (1) Section 82 (supply of information to the Chief Inspector), is amended as
25follows.

(2) The existing provision becomes subsection (1).

(3) In that subsection, after “later years provider” insert “, or (as the case may
be) as an early years childminder agency or later years childminder
agency,”.

(4) 30After subsection (1) insert—

“(2) The Chief Inspector’s power under subsection (1) includes a power
to require an early years childminder agency or a later years
childminder agency to provide the Chief Inspector with information
about an early years provider or a later years provider registered
35with the agency for the purposes of Chapter 2, 3 or 4.”

52 (1) Section 83 (supply of information to HMRC and local authorities) is
amended as follows.

(2) In subsection (4)—

(a) after “in which” insert “—

(a)”, and

(b) after “registered” insert “;

(b) registered premises of the early years childminder
agency or later years childminder agency are (or, as
the case may be, were) located.”

(3) 45In the title, at the end insert “by the Chief Inspector”.

53 After section 83 insert—

“83A Supply of information to the Secretary of State, HMRC and local
authorities by childminder agencies

(1) An early years childminder agency or a later years childminder
5agency must provide prescribed information to the Secretary of
State, Her Majesty‘s Revenue and Customs, and each relevant local
authority, if it—

(a) grants a person’s application for registration for the purposes
of Chapter 2, 3 or 4;

(b) 10takes any other steps under this Part of a prescribed
description.

(2) The information which may be prescribed for the purposes of this
section is—

(a) in the case of information to be provided to the Secretary of
15State, information which the Secretary of State may require
for the purposes of the Secretary of State’s functions in
relation to universal credit under Part 1 of the Welfare
Reform Act 2012;

(b) in the case of information to be provided to Her Majesty’s
20Revenue and Customs, information which Her Majesty’s
Revenue and Customs may require for the purposes of their
functions in relation to tax credits;

(c) in the case of information to be provided to a relevant local
authority, information which would assist the local authority
25in the discharge of their functions under section 12.

(3) In this section, “relevant local authority” means an English local
authority for an area in which a person who is (or, as the case may
be, was) registered with the early years childminder agency or later
years childminder agency for the purposes of Chapter 2 or 3
30provides (or has provided) early years provision or later years
provision in respect of which he or she is (or was) registered.”

54 In the title of section 84 (disclosure of information for certain purposes), at
the end insert “: the Chief Inspector”.

55 After section 84 insert—

“84A 35Disclosure of information for certain purposes: childminder agencies

(1) An early years childminder agency or a later years childminder
agency may arrange for prescribed information held by the agency
in relation to persons registered with the agency under this Part to be
made available for the purpose of—

(a) 40assisting parents or prospective parents in choosing an early
years provider or later years provider, or

(b) protecting children from harm or neglect.

(2) The information may be made available in such manner and to such
persons as the agency considers appropriate.

(3) 45Regulations may require an early years childminder agency or a later
years childminder agency to provide prescribed information held by
the agency in relation to persons registered with the agency under

this Part to prescribed persons for either of the purposes mentioned
in subsection (1).”

56 In section 85 (offence of making false or misleading statement), in subsection
(1) for “he” substitute “the person”.

57 (1) 5Section 87 (offences by bodies corporate) is amended as follows.

(2) In subsection (1) for “This section” substitute “Subsection (2)”.

(3) After subsection (2) insert—

“(3) Subsection (4) applies where any offence under this Part is
committed by a partnership.

(4) 10If the offence is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
partner, that partner (as well as the partnership) is guilty of the
offence and liable to be proceeded against and punished
accordingly.”

(4) 15In the title, at the end insert “and partnerships”.

58 In section 89 (fees), in subsection (1) after “to 4” insert “in the early years
register or the general childcare register”.

59 (1) Section 90 (cases where consent to disclosure is withheld) is amended as
follows.

(2) 20In subsection (1)—

(a) in paragraph (a) for “Chapter 2, 3 or 4” substitute “any of Chapters 2
to 4”, and

(b) in paragraph (b) after “68(2)(a)” insert “or 69B(2)(a)”.

(3) In subsection (2)(b) omit “his” in both places it occurs.

60 (1) 25Section 93 (notices) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (a) insert—

“(aa) section 57A(2) and (4);

(ab) section 61C(1);”, and

(b) 30after paragraph (b) insert—

“(ba) section 65A(1) and (3);”.

(3) In subsection (2)(a) for “him” substitute “the person”.

(4) In subsection (4)—

(a) in paragraph (a) for “his” substitute “a”, and

(b) 35in paragraph (b) omit “by him”.

61 In section 94 (power to amend Part 3: applications in respect of multiple
premises), in paragraph (a)—

(a) after “36(1)” insert “or (1A)”, and

(b) after “55(1)” insert “or (1A)”.

62 (1) 40Section 98 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “childcare” insert—

• ““childminder agency” means—

  (a)

  an early years childminder agency;

  (b)

  a later years childminder agency;”,

(b) 5after the definition of “domestic premises” insert—

• ““early years childminder agency” means a person
  registered in the early years register as an early years
  childminder agency;”, and

(c) before the definition of “later years provision” insert—

• 10““later years childminder agency” means a person
  registered in Part A of the general childcare register as
  a later years childminder agency;”.

(3) After that subsection insert—

“(1A) A person is registered for the purposes of this Part if that person is
15registered—

(a) in the early years register,

(b) in the general childcare register, or

(c) with an early years childminder agency or a later years
childminder agency.”

20Part 6 Other amendments

63 In section 99 of the Childcare Act 2006 (provision of information about
young children: England), in subsection (1) after paragraph (a) (and before
the “and” which follows it) insert—

“(aa) 25a person registered as an early years childminder agency
under Chapter 2A of Part 3,”.

64 In the Employment Agencies Act 1973, in section 13(7) (exemptions) after
paragraph (c) insert—

“(ca) an early years childminder agency or a later years
30childminder agency (as defined in section 98 of the Childcare
Act 2006);”.

Section 106

SCHEDULE 5 Children’s Commissioner: minor and consequential amendments

Inquiries

1 (1) 35Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is
amended as follows.

(2) Omit subsection (3) (requirement to consult the Secretary of State before
holding an inquiry).

(3) In subsection (7) for “under any enactment” substitute “of a public nature”.

2 (1) Section 4 of the Children Act 2004 (inquiries held on the direction of the
Secretary of State) is repealed.

(2) In consequence of sub-paragraph (1), omit the following provisions of the
Children Act 2004—

(a) 5section 5(6) and (7) (inquiries in Wales),

(b) section 6(7) to (9) (inquiries in Scotland), and

(c) section 7(7) to (9) (inquiries in Northern Ireland).

Functions of Commissioner: children in Wales, Scotland and Northern Ireland

3 (1) Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is
10amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Wales” substitute “promoting and protecting the rights of
children in Wales”.

(3) After subsection (1) insert—

“(1A) 15The function under subsection (1) includes promoting awareness of
the views and interests of children in Wales.”

(4) For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
20subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
substituted “in Wales, except in so far as relating to any
matter falling within the remit of the Children’s
25Commissioner for Wales under section 72B, 73 or 74 of the
Care Standards Act 2000,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
30were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

4 (1) 35Section 6 of the Children Act 2004 (functions of Commissioner in Scotland)
is amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Scotland in relation to reserved matters” substitute “promoting
and protecting the rights of children in Scotland where those rights are or
40may be affected by reserved matters”.

(3) After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Scotland.”

(4) For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) 5For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
substituted “in Scotland, in relation to reserved matters,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
10receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
152D” were omitted.”

5 (1) Section 7 of the Children Act 2004 (functions of Commissioner in Northern
Ireland) is amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Northern Ireland in relation to excepted matters” substitute
20“promoting and protecting the rights of children in Northern Ireland where
those rights are or may be affected by excepted matters”.

(3) After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Northern Ireland.”

(4) 25For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) 30section 2(3)(i) has effect as if for “in England” there were
substituted “in Northern Ireland, in relation to excepted
matters,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
35receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
402D” were omitted.”

Young persons

6 (1) For section 9 of the Children Act 2004 (care leavers and young persons with

learning disabilities) substitute—

“9 Commissioner’s functions in relation to certain young people

(1) This section applies for the purposes of this Part, other than sections
2A and 8A (and references in this Part to a child who is within section
58A).

(2) For the purposes of the Children’s Commissioner’s functions in
respect of children in England, a reference to a child includes, in
addition to a person under the age of 18—

(a) a person aged 18 or over for whom an EHC plan is
10maintained by a local authority,

(b) a person aged 18 or over and under 25 to whom a local
authority in England has provided services under any of
sections 23C to 24D of the Children Act 1989 at any time after
reaching the age of 16, or

(c) 15a person aged 18 or over and under 25 who has been looked
after by a local authority (in Wales, Scotland or Northern
Ireland) at any time after reaching the age of 16.

(3) For the purposes of the Children’s Commissioner’s functions in
respect of children in Wales, Scotland and Northern Ireland, a
20reference to a child includes, in addition to a person under the age of
18, a person aged 18 or over and under 25—

(a) who has a learning disability,

(b) who has been looked after by a local authority (in Wales,
Scotland or Northern Ireland) at any time after reaching the
25age of 16, or

(c) to whom a local authority in England has provided services
under any of sections 23C to 24D of the Children Act 1989 at
any time after reaching the age of 16.

(4) For the purposes of this section—

• 30“EHC plan” means a plan within section 37(2) of the Children
  and Families Act 2014 (education, health and care plans);

• “learning disability” means a state of arrested or incomplete
  development of mind which induces significant impairment
  of intelligence and social functioning;

• 35a person is “looked after by a local authority” if—

  (a)

  for the purposes of the Children Act 1989, he or she is
  looked after by a local authority in Wales;

  (b)

  for the purposes of the Children (Scotland) Act 1995,
  he or she is looked after by a local authority in
  40Scotland;

  (c)

  for the purposes of the Children (Northern Ireland)
  Order 1995, he or she is looked after by an authority
  in Northern Ireland.”

(2) Until the coming into force of Part 3 of this Act, section 9 of the Children Act
452004 (as substituted by sub-paragraph (1)) has effect as if—

(a) in subsection (2) for paragraph (a) there were substituted—

“(a) a person aged 18 or over and under 25 in respect of
whom an assessment under section 139A of the

Learning and Skills Act 2000 (a learning difficulty
assessment) has been conducted,”, and

(b) in subsection (4) the definition of “EHC plan” were omitted.

Appointment and tenure of Children’s Commissioner

7 5In Schedule 1 to the Children Act 2004, in paragraph 3 (appointment and
tenure of office)—

(a) in sub-paragraph (2) for “, to such extent and in such manner as he
thinks fit,” substitute “take reasonable steps to”,

(b) in sub-paragraph (4) for “five years” substitute “six years”, and

(c) 10in sub-paragraph (5) for “is eligible for reappointment once only”
substitute “is not eligible for reappointment”.

8 In Schedule 1 to the Children Act 2004, after paragraph 3 insert—

“Interim appointments

3A (1) Where there is a vacancy in the office of Children’s Commissioner,
15the Secretary of State may appoint a person as interim Children’s
Commissioner.

(2) Subject to the provisions of this paragraph, a person holds and
vacates office as interim Children’s Commissioner in accordance
with the terms and conditions of the appointment as determined
20by the Secretary of State.

(3) An appointment as interim Children’s Commissioner is for a term
ending—

(a) with the appointment of a person as the Children’s
Commissioner under paragraph 3, or

(b) 25if sooner, at the end of the period of six months beginning
with the date on which the appointment as interim
Children’s Commissioner was made.

(4) A person who has held office as interim Children’s
Commissioner—

(a) 30is eligible for reappointment, and

(b) is eligible for appointment as the Children’s
Commissioner.

(5) An interim Children’s Commissioner may at any time resign by
notice in writing to the Secretary of State.

(6) 35The Secretary of State may remove an interim Children’s
Commissioner from office if satisfied that the interim
Commissioner has—

(a) become unfit or unable properly to discharge his or her
functions; or

(b) 40behaved in a way that is not compatible with continuing in
office.”

Deputy Children’s Commissioner

9 (1) In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—