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Childcare Bill


Childcare Bill
Part 2 — General Functions of Local Authority: Wales

12

 

(a)   

assist any person who provides or proposes to provide childcare;

(b)   

make arrangements with any other person for the provision of

childcare;

(c)   

provide childcare.

(2)   

The assistance which a local authority may give under subsection (1)(a)

5

includes financial assistance; and the arrangements which a local authority

may make under subsection (1)(b) include arrangements involving the

provision of financial assistance by the authority.

(3)   

In exercising their functions under this section, a Welsh local authority must

have regard to any guidance given from time to time by the Assembly.

10

24      

Arrangements between local authority and childcare providers

(1)   

This section applies where a Welsh local authority make arrangements with a

person (other than the governing body of a maintained school) for the

provision by that person of childcare in consideration of financial assistance

provided by the authority under the arrangements.

15

(2)   

The local authority must exercise their functions with a view to securing that

the provider of the childcare meets any requirements imposed on him by the

arrangements.

(3)   

The requirements imposed by the arrangements may, in particular, if any

specified conditions are not satisfied, require the repayment of the whole or

20

any part of any financial assistance provided by the local authority under the

arrangements.

25      

Charges where local authority provide childcare

(1)   

A Welsh local authority may enter into an agreement under which payments

are made to the authority for the provision by the authority of childcare for a

25

child.

(2)   

Subsection (1) does not apply to childcare provided under section 18 of the

Children Act 1989 (c. 41) (day care for pre-school and other children),

provision as to charges for such care being made by section 29 of that Act.

26      

Power to require local authority to assess childcare provision

30

(1)   

The Assembly may by regulations require a Welsh local authority to—

(a)   

prepare assessments at prescribed intervals of the sufficiency of the

provision of childcare (whether or not by them) in their area;

(b)   

review any such assessment prepared by them.

(2)   

Regulations under subsection (1) may make provision for the manner in which

35

an assessment or review is to be prepared and, in particular, may require the

local authority to—

(a)   

consult such persons, or persons of such a description, as may be

prescribed, and

(b)   

have regard to any guidance given from time to time by the Assembly.

40

(3)   

Subsection (5) of section 22 applies for the purposes of this section as it applies

for the purposes of that section.

 
 

Childcare Bill
Part 2 — General Functions of Local Authority: Wales

13

 

Information, advice and assistance

27      

Duty to provide information, advice and assistance

(1)   

A Welsh local authority must establish and maintain a service providing

information, advice and assistance in accordance with this section.

(2)   

The service must provide to parents or prospective parents information which

5

is of a prescribed description and relates to any of the following—

(a)   

the provision of childcare in the area of the local authority;

(b)   

any other services or facilities, or any publications, which may be of

benefit to parents or prospective parents in their area;

(c)   

any other services or facilities, or any publications, which may be of

10

benefit to children or young persons in their area.

(3)   

The service may also provide information relating to any of the matters

mentioned in paragraphs (a) to (c) of subsection (2) to such persons as the local

authority consider appropriate.

(4)   

The service must provide advice and assistance to parents or prospective

15

parents who use, or propose to use, childcare provided in the area of the local

authority.

(5)   

The service must be established and maintained in the manner which is best

calculated to facilitate access to the service by persons in the local authority’s

area who may benefit from it, including, in particular, persons who might

20

otherwise have difficulty in taking advantage of the service.

(6)   

In exercising their functions under this section, a local authority must have

regard to any guidance given from time to time by the Assembly.

(7)   

In this section—

“parent” means a parent of a child or young person and includes any

25

individual who—

(a)   

has parental responsibility for a child, or

(b)   

has care of a child;

“prospective parent” means a pregnant woman or any other person who

is likely to become, or is planning to become, a parent;

30

“young person” means a person who has attained the age of 18 but has not

attained the age of 20.

Miscellaneous

28      

Inspection

For the purposes of section 38 of the Education Act 1997 (c. 44) (inspection of

35

local education authorities), the functions conferred on a Welsh local authority

by this Part are to be regarded as functions conferred on a local education

authority in their capacity as such.

29      

Powers of Assembly to secure proper performance etc.

(1)   

Section 496 of the 1996 Act (power to prevent unreasonable exercise of

40

functions) applies in relation to a Welsh local authority and the powers

conferred or duties imposed on them by or under this Part as it applies in

 
 

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 1 — General functions of Chief Inspector

14

 

relation to a local education authority in Wales and the powers conferred or

duties imposed on them by or under the 1996 Act.

(2)   

Section 497 of the 1996 Act (general default powers) applies in relation to the

duties imposed on a Welsh local authority by or for the purposes of this Part as

it applies in relation to the duties imposed on a local education authority in

5

Wales by or for the purposes of the 1996 Act.

(3)   

Section 497A of the 1996 Act (power to secure proper performance of LEA’s

functions) applies in relation to a Welsh local authority’s functions under this

Part as it applies in relation to the functions of a local education authority in

Wales mentioned in subsection (1) of that section.

10

(4)   

Sections 497AA and 497B of the 1996 Act apply accordingly where powers

under section 497A of that Act are exercised in relation to any of the functions

of a Welsh local authority under this Part.

(5)   

In the application of sections 497A(2) to (7), 497AA and 497B of the 1996 Act in

relation to a Welsh local authority’s functions under this Part, references to the

15

local education authority are to be read as references to the local authority.

(6)   

In subsection (5) of section 497A of the 1996 Act, the reference to functions to

which that section applies includes (for all purposes) functions of a Welsh local

authority under this Part.

(7)   

In this section, “the 1996 Act” means the Education Act 1996 (c. 56).

20

Interpretation

30      

Interpretation of Part 2

In this Part—

“childcare” means—

(a)   

child minding or day care within the meaning of Part 10A the

25

Children Act 1989 (c. 41) in respect of which the provider is

required to be registered under that Part;

(b)   

care provided by a person of a description approved in

accordance with a scheme made by the Assembly under section

12(5) of the Tax Credits Act 2002 (c. 21);

30

“prescribed” means prescribed by regulations made by the Assembly.

Part 3

Regulation of Provision of Childcare in England

Chapter 1

General functions of Chief Inspector

35

31      

General functions of the Chief Inspector

(1)   

The Chief Inspector has the general duty of keeping the Secretary of State

informed about—

(a)   

the contribution of regulated early years provision in England to the

well-being of children for whom it is provided;

40

 
 

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 1 — General functions of Chief Inspector

15

 

(b)   

the quality and standards of regulated early years provision in

England;

(c)   

how far regulated early years provision in England meets the needs of

the range of children for whom it is provided;

(d)   

the quality of leadership and management in connection with

5

regulated early years provision in England.

(2)   

In subsection (1), “regulated early years provision” means early years

provision in respect of which a person is required to register under Chapter 2

or in respect of which he would be required to register under that Chapter but

for section 34(2) (exemption for provision for children aged 3 or over at certain

10

schools).

(3)   

When asked to do so by the Secretary of State, the Chief Inspector must give

advice to the Secretary of State on such matters relating to early years provision

or later years provision in England as may be specified in the Secretary of

State’s request.

15

(4)   

The Chief Inspector may at any time give advice to the Secretary of State on any

matter connected with—

(a)   

early years provision or later years provision in England generally, or

(b)   

early years provision or later years provision in England by particular

persons or on particular premises.

20

(5)   

The Chief Inspector is to have such other functions in connection with early

years provision or later years provision in England as may be assigned to him

by the Secretary of State.

32      

Maintenance of the two childcare registers

(1)   

The Chief Inspector must maintain two registers.

25

(2)   

The first register (“the early years register”) is to be a register of all persons who

are registered as early years childminders or as other early years providers

under Chapter 2 (which provides for the compulsory registration of persons

providing early years provision).

(3)   

The second register (“the general childcare register”) is to be divided into two

30

Parts.

(4)   

The first Part (“Part A”) is to be a register of all persons who are registered as

later years childminders or other later years providers under Chapter 3 (which

provides for the compulsory registration of persons providing later years

provision for children under the age of eight).

35

(5)   

The second Part (“Part B”) is to be a register of all persons who are registered

as childminders or other childcare providers under Chapter 4 (which provides

for the voluntary registration of persons providing early years provision or

later years provision in respect of which they are not required to register under

Chapter 2 or 3).

40

 
 

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision

16

 

Chapter 2

Regulation of early years provision

Requirements to register

33      

Requirement to register: early years childminders

(1)   

A person may not provide early years childminding in England unless he is

5

registered in the early years register as an early years childminder.

(2)   

The Secretary of State may by order provide that, in circumstances specified in

the order, subsection (1) does not apply in relation to early years childminding.

(3)   

The circumstances specified in an order under subsection (2) may relate to one

or more of the following matters (among others)—

10

(a)   

the person providing the early years childminding;

(b)   

the child or children for whom it is provided;

(c)   

the nature of the early years childminding;

(d)   

the premises on which it is provided;

(e)   

the times during which it is provided;

15

(f)   

the arrangements under which it is provided.

(4)   

If it appears to the Chief Inspector that a person has provided early years

childminding in contravention of subsection (1), he may serve a notice (“an

enforcement notice”) on the person.

(5)   

An enforcement notice may be served on a person—

20

(a)   

by delivering it to him, or

(b)   

by sending it by post.

(6)   

An enforcement notice has effect until it is revoked by the Chief Inspector.

(7)   

A person commits an offence if, at any time when an enforcement notice has

effect in relation to him and without reasonable excuse, he provides early years

25

childminding in contravention of subsection (1).

(8)   

A person guilty of an offence under subsection (7) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

34      

Requirement to register: other early years providers

(1)   

A person may not provide—

30

(a)   

early years provision on premises in England which are not domestic

premises, or

(b)   

early years provision on domestic premises in England which would be

early years childminding but for section 93(5),

   

unless he is registered in the early years register in respect of the premises.

35

(2)   

Subsection (1) does not apply in relation to early years provision for a child or

children who has (or have) attained the age of three if—

(a)   

the provision is made at any of the following schools as part of the

school’s activities—

(i)   

a maintained school,

40

 
 

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision

17

 

(ii)   

a school approved by the Secretary of State under section 342 of

the Education Act 1996 (c. 56) (approval of non-maintained

special schools), or

(iii)   

an independent school,

(b)   

the provision is made by the proprietor of the school or a person

5

employed to work at the school, and

(c)   

the child is a registered pupil at the school or, if the provision is made

for more than one child, at least one of the children is a registered pupil

at the school.

(3)   

The Secretary of State may by order provide that, in circumstances specified in

10

the order, subsection (1) does not apply in relation to early years provision.

(4)   

The circumstances specified in an order under subsection (3) may relate to one

or more of the following matters (among others)—

(a)   

the person providing the early years provision;

(b)   

the child or children for whom it is provided;

15

(c)   

the nature of the early years provision;

(d)   

the premises on which it is provided;

(e)   

the times during which it is provided;

(f)   

the arrangements under which it is provided.

(5)   

A person commits an offence if, without reasonable excuse, he provides early

20

years provision in contravention of subsection (1).

(6)   

A person guilty of an offence under subsection (5) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Process of registration

35      

Applications for registration: early years childminders

25

(1)   

A person who proposes to provide early years childminding in respect of

which he is required by section 33(1) to register may make an application to the

Chief Inspector for registration as an early years childminder.

(2)   

An application under subsection (1) must—

(a)   

give any prescribed information about prescribed matters,

30

(b)   

give any other information which the Chief Inspector reasonably

requires the applicant to give, and

(c)   

be accompanied by any prescribed fee.

(3)   

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

(a)   

the applicant is not disqualified from registration by regulations under

35

section 74, and

(b)   

it appears to the Chief Inspector that any requirements prescribed 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

40

subsection (3) does not require him to grant.

(5)   

The prescribed requirements for registration may include requirements

relating to—

(a)   

the applicant;

 
 

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision

18

 

(b)   

the premises on which the early years childminding is to be provided;

(c)   

the arrangements for early years childminding on those premises;

(d)   

any person who may be caring for children on those premises;

(e)   

any other person who may be on those premises.

36      

Applications for registration: other early years providers

5

(1)   

A person who proposes to provide on any premises early years provision in

respect of which he is required by section 34(1) to register may make an

application to the Chief Inspector for registration as an early years provider in

respect of the premises.

(2)   

An application under subsection (1) must—

10

(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)   

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

15

(a)   

the applicant is not disqualified from registration by regulations under

section 74, and

(b)   

it appears to the Chief Inspector that any requirements prescribed for

the purposes of this subsection (“the prescribed requirements for

registration”) are satisfied and are likely to continue to be satisfied.

20

(4)   

The Chief Inspector must refuse any application under subsection (1) which

subsection (3) does not require him to grant.

(5)   

The prescribed requirements for registration may include requirements

relating to—

(a)   

the applicant;

25

(b)   

the premises on which the early years provision is to be provided;

(c)   

the arrangements for early years provision on those premises;

(d)   

any person who may be caring for children on those premises;

(e)   

any other person who may be on those premises.

37      

Entry on the register and certificates

30

(1)   

If an application under section 35(1) is granted, the Chief Inspector must—

(a)   

register the applicant in the early years register as an early years

childminder, and

(b)   

give the applicant a certificate of registration stating that he is so

registered.

35

(2)   

If an application under section 36(1) is granted, the Chief Inspector must—

(a)   

register the applicant in the early years register 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 is so

40

registered.

(3)   

A certificate of registration given to the applicant in pursuance of subsection

(1) or (2) must contain prescribed information about prescribed matters.

 
 

 
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