Commentary on provisions of Bill
Clause 1: Duty to secure 30 hours free childcare available for working parents
8 Subsection (1) of this clause imposes a duty on the Secretary of State to ensure that childcare is available free of charge for qualifying children of working parents for 30 hours in each of 38 weeks in any year, or for an equivalent period. Regulations under subsection (8) will set out when, in relation to any particular child, a year begins for this purpose.
9 Subsection (2) provides that a "qualifying child of working parents" is a young child who is under compulsory school age, is in England and is of a description specified in regulations. Young child is defined in subsection (12). Compulsory school age is defined in section 8 of the Education Act 1996. Subsection (11) makes it clear that the description can be framed by reference to a child’s parent or the parent’s partner. These regulations can therefore make provision about working parents.
10 Subsection (3) provides that, in the discharge of her duty, the Secretary of State will take into account any childcare available under the duty on local authorities under section 7 of the Childcare Act 2006. Section 7 of the Childcare Act 2006 enables the Secretary of State to make regulations to describe the type and amount of free childcare that local authorities must secure and the description of children to benefit from that free childcare. The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 (SI 2014/2147) provide that 15 hours of childcare per week must be available for all 3 and 4 year olds, and for defined groups of 2 year olds.
11 Subsection (4) enables the Secretary of State to make regulations for the purpose of discharging her duty under subsection (1). Subsection (5) lists a number of examples of what those regulations may do, including -
a. requiring arrangements for childcare to be made available, and the times and periods over which it may be available,
b. specifying the descriptions of such childcare,
c. enabling payments to be made to parents or other persons, and
d. reproducing provisions of the Childcare Payments Act 2014, with or without modification.
12 The regulations may also impose functions on public bodies, or establish a body corporate and impose functions on it.
13 Subsection (5) also specifies that regulations could make provision requiring information or documents to be provided by a person to the Secretary of State or another person. The regulations may also make provision about the disclosure of information by any Minister of the Crown, Her Majesty’s Commissioners for Revenue and Customs, or any other person, for the purposes of checking eligibility for free childcare. New criminal offences may be created to support regulations made under these provisions.
14 Subsection (7) provides that any criminal offence may not provide for a penalty of imprisonment for a term greater than two years, with or without a fine.
15 Subsection (10) makes clear that the duty may be partly or wholly discharged by making regulations under Part 1 of the Childcare Act 2006, in respect of the local authority duties.
Clause 2: Supplementary provision about regulations under section 1
16 This clause allows regulations to be made which make different provision for different purposes, make consequential, incidental, supplemental, transitional or saving provision or amend, repeal or revoke any measures made in another Act. The regulations may also confer a discretion on any person. If regulations make changes to measures made in another Act they will be subject to affirmative resolution by each House of Parliament. Any other regulations under section 1 will be subject to negative resolution procedure.
Clause 3: Duty to publish information about childcare
17 This clause amends section 12 of the Childcare Act 2006 by inserting new subsections (6A) to (6C) allowing regulations to require English local authorities to publish information of a prescribed description at prescribed intervals and in a prescribed manner.
18 Regulations made under section 12(2) of the Childcare Act 2006 prescribe information which must be provided by English local authorities to parents or prospective parents in their area about available childcare and other services (see ‘The Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007’ (SI 2007/3490)) . The information to be prescribed for publication under new section 12(6A) may be similar to that information.
19 New subsection (6C) provides that the requirement on the Secretary of State when making regulations under section 12(2) to have regard to the needs of parents of disabled children for appropriate information will also apply when she makes regulations under new subsection (6A).
Clause 4: Extent
20 The Bill forms part of the law of England and Wales (a single legal jurisdiction). But clauses 1 and 2 apply to children in England only and clause 3 applies to English local authorities only.
Clause 5: Commencement
21 This clause provides for the commencement of the Bill. Clauses 1 to 3 will come into force on such day or days – which may be different days for different purposes - as may be appointed by regulations made by the Secretary of State. Regulations under subsection (2) may enable the introduction of the additional 15 hours free childcare in some areas in advance of others. Clauses 4 to 6 of the Bill come into force on the day on which the Bill receives Royal Assent. The clause also confers power to make transitional or saving provision in connection with the coming into force of any of the provisions. These regulations are not subject to parliamentary procedure.
Clause 6: Short title
22 This clause is self- explanatory.