Childcare Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
43

Reports and information
78
Combined reports
(1)
This section applies if, following inspections under this Part of early years or
later years provision, the Chief Inspector—
(a)
is required to make more than one report under section 49(1) or
5
determines to make more than one report under section 60(1), or
(b)
is required to make one or more reports under section 49(1) and
determines to make one or more reports under section 60(1).
(2)
If the Chief Inspector considers it appropriate, he may—
(a)
combine any two or more of those reports in a single document (“a
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combined report”), and
(b)
to such extent as he considers appropriate, combine the substantive
reports.
(3)
If the Chief Inspector combines reports under this section, the powers and
duties which apply in relation to each report by virtue of section 49(2) or 60(2)
15
are to be read as applying instead to the combined report.
79
Information to be included in annual reports
(1)
The annual reports of the Chief Inspector required by section 3(a) of the
Education Act 2005 (c. 18) to be made to the Secretary of State must include an
account of the exercise of the Chief Inspector’s functions under this Part in
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relation to early years provision and later years provision.
(2)
The power conferred on the Chief Inspector by section 3(b) of that Act includes
a power to make reports with respect to matters which fall within the scope of
his functions by virtue of the provisions of this Part relating to early years
provision and later years provision.
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80
Supply of information to Chief Inspector
The Chief Inspector may at any time require any person registered under this
Part to provide him with any information connected with the person’s
activities as an early years provider or later years provider which the Chief
Inspector considers it necessary to have for the purposes of his functions under
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this Part.
81
Supply of information to HMRC and local authorities
(1)
The Chief Inspector must provide prescribed information to Her Majesty’s
Revenue and Customs, and the relevant local authority, if he takes any of the
following steps under this Part—
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(a)
grants a person’s application for registration;
(b)
gives notice of his intention to cancel a person’s registration;
(c)
cancels a person’s registration;
(d)
suspends a person’s registration;
(e)
removes a person from the register at that person’s request.
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
44

(2)
The Chief Inspector must also provide prescribed information to Her Majesty’s
Revenue and Customs, and the relevant local authority, if an order is made
under section 71(2).
(3)
The information which may be prescribed for the purposes of this section is—
(a)
in the case of information to be provided to Her Majesty’s Revenue and
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Customs, information which Her Majesty’s Revenue and Customs may
require for the purposes of their functions in relation to tax credits;
(b)
in the case of information to be provided to the relevant local authority,
information which would assist the local authority in the discharge of
their functions under section 12.
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(4)
In this section, “the relevant local authority” means the English local authority
for the area in which the person provides (or, as the case may be, has provided)
the early years provision or later years provision in respect of which he is (or
was) registered.
82
General power to make information available
15
(1)
The Chief Inspector may arrange for prescribed information held by him in
relation to persons registered under this Part to be made available for the
purpose of—
(a)
assisting parents or prospective parents in choosing an early years or
later years provider, or
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(b)
protecting children from harm or neglect.
(2)
The information may be made available in such manner and to such persons as
the Chief Inspector considers appropriate.
Offences and criminal proceedings
83
Offence of making false or misleading statement
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(1)
A person commits an offence if, in an application for registration under any of
Chapters 2 to 4, he knowingly makes a statement which is false or misleading
in a material particular.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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84
Time limit for proceedings
(1)
Proceedings for an offence under this Part or regulations made under it may be
brought within a period of six months from the date on which evidence
sufficient in the opinion of the prosecutor to warrant the proceedings comes to
his knowledge.
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(2)
No such proceedings may be brought by virtue of subsection (1) more than
three years after the commission of the offence.
85
Offences by bodies corporate
(1)
This section applies where any offence under this Part is committed by a body
corporate.
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
45

(2)
If 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 director, manager or
other similar officer of the body corporate, or any person who was purporting
to act in any such capacity, he (as well as the body corporate) is guilty of the
offence and liable to be proceeded against and punished accordingly.
5
86
Unincorporated associations
(1)
Proceedings for an offence under this Part which is alleged to have been
committed by an unincorporated association must be brought in the name of
the association (and not in the name of any of its members).
(2)
For the purpose of any such proceedings, rules of court relating to the service
10
of documents are to have effect as if the association were a body corporate.
(3)
In proceedings for an offence under this Part brought against an
unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86)
and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as
they do in relation to a body corporate.
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(4)
A fine imposed on an unincorporated association on its conviction of an
offence under this Part is to be paid out of the funds of the association.
(5)
If an offence under this Part by an unincorporated association is shown—
(a)
to have been committed with the consent or connivance of an officer of
the association or a member of its governing body, or
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(b)
to be attributable to any neglect on the part of such an officer or
member,

the officer or member as well as the association is guilty of the offence and
liable to be proceeded against and punished accordingly.
Miscellaneous
25
87
Fees
(1)
Regulations may require persons registered under any of Chapters 2 to 4 to pay to the
Chief Inspector at or by prescribed times fees of the prescribed amounts in respect of the
discharge by the Chief Inspector of his functions under this Part.
(2)
Regulations under subsection (1) may prescribe circumstances in which—
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(a)
the amount of a fee payable under the regulations may be varied in accordance
with the regulations;
(b)
a fee payable under the regulations may be waived.
88
Co-operation between authorities
(1)
If it appears to the Chief Inspector that any English local authority could, by
35
taking any specified action, help in the exercise of any of his functions under
this Part, he may request the help of the authority, specifying the action in
question.
(2)
An authority whose help is requested must comply with the request if it is
compatible with their own statutory and other duties and does not unduly
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prejudice the discharge of any of their functions.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
46

89
Combined certificates of registration
(1)
This section applies if the Chief Inspector is required by virtue of this Part to
issue more than one certificate of registration to a person.
(2)
If the Chief Inspector considers it appropriate, he may combine any two or
more of those certificates in a single certificate (a combined certificate).
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(3)
A combined certificate of registration must contain prescribed information
about prescribed matters.
(4)
If there is a change of circumstances which requires the amendment of a
combined certificate of registration, the Chief Inspector must give the
registered person an amended combined certificate.
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(5)
If the Chief Inspector is satisfied that a combined certificate of registration has
been lost or destroyed, the Chief Inspector must give the registered person a
copy, on payment by that person of any prescribed fee.
90
Notices
(1)
This section applies in relation to notices required or authorised to be given to
15
any person by any of the following—
(a)
section 56(1) and (2);
(b)
section 64(1) and (2);
(c)
section 69(1);
(d)
section 72(2), (4), (5), (7) and (9).
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(2)
The notice may be given to the person in question—
(a)
by delivering it to him,
(b)
by sending it by post, or
(c)
subject to subsection (3), by transmitting it electronically.
(3)
If the notice is transmitted electronically, it is to be treated as given only if the
25
requirements of subsection (4) or (5) are met.
(4)
If the person required or authorised to give the notice is the Chief Inspector—
(a)
the person to whom the notice is required or authorised to be given
must have indicated to the Chief Inspector his willingness to receive
notices transmitted by electronic means and provided an address
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suitable for that purpose, and
(b)
the notice must be sent to the address provided by him.
(5)
If the person required or authorised to give the notice is not the Chief Inspector,
the notice must be transmitted in such manner as the Chief Inspector may
require.
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(6)
An indication given for the purposes of subsection (4) may be given generally
for the purposes of notices required or authorised to be given by the Chief
Inspector under this Part or may be limited to notices of a particular
description.
(7)
A requirement imposed by the Chief Inspector under subsection (5) must be
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published in such manner as the Chief Inspector thinks appropriate for the
purpose of bringing it to the attention of persons who are likely to be affected
by it.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
47

(8)
In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section
72, notification authorised to be given to the Chief Inspector under subsection
(4) or (9) of that section may be given orally to a person authorised by the Chief
Inspector to receive such notification (as well as by any of the methods
mentioned in subsection (2)).
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91
Power to amend Part 3: applications in respect of multiple premises
The Secretary of State may by order—
(a)
amend this Part so as to enable an application for registration under
36(1), 54(1) or 62(1) to be made in respect of more than one set of
premises, and
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(b)
make such further amendments of this Part as appear to him to be
necessary or expedient in consequence of the amendments made by
virtue of paragraph (a).
92
Certain institutions not to be regarded as schools
(1)
Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as
15
follows.
(2)
In subsection (1) after “In this Act” insert “(subject to subsection (1A))”.
(3)
After subsection (1) insert—
“(1A)
An institution which—
(a)
provides only early years provision (as defined by section 93(2)
20
of the Childcare Act 2006), and
(b)
is not a maintained nursery school,

is not a school.”
Interpretation
93
Meaning of early years and later years provision etc.
25
(1)
This section applies for the purposes of this Part.
(2)
“Early years provision” means the provision of childcare for a young child.
(3)
“Early years provider” means a person who provides early years provision.
(4)
Subject to subsection (5), “early years childminding” means early years
provision on domestic premises for reward (and “early years childminder” is
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to be read accordingly).
(5)
Early years provision on domestic premises for reward is not early years
childminding if at any time the number of persons providing the early years
provision on the premises or assisting with the provision exceeds three.
(6)
“Later years provision”, in relation to a child, means the provision of childcare
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at any time during the period—
(a)
beginning with the 1st September next following the date on which he
attains the age of five, and
(b)
ending with such day as may be prescribed.
(7)
“Later years provider” means a person who provides later years provision.
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
48

(8)
Subject to subsection (9), “later years childminding” means later years
provision on domestic premises for reward (and “later years childminder” is to
be read accordingly).
(9)
Later years provision on domestic premises for reward is not later years
childminding if at any time the number of persons providing the later years
5
provision on the premises or assisting with the provision exceeds three.
94
Employees not to be regarded as providing childcare
(1)
This section applies for the purposes of this Part.
(2)
Where an individual (“the employee”) is employed to care for a child by a
person who provides early years provision or later years provision for the
10
child, the employee is not to be regarded as providing early years provision or
(as the case may be) later years provision by virtue of anything done by him in
the course of that employment.
95
Interpretation of Part 3
(1)
In this Part—
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“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in
England;
“childcare” has the meaning given by section 18;
“domestic premises” means premises which are used wholly or mainly as
a private dwelling;
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“early years provision” has the meaning given by section 93(2);
“early years provider” has the meaning given by section 93(3);
“early years childminding” and “early years childminder” have the
meanings given by section 93(4);
“later years provision” has the meaning given by section 93(6);
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“later years provider” has the meaning given by section 93(7);
“later years childminding” and “later years childminder” have the
meanings given by section 93(8);
“premises” includes any area and any vehicle;
“prescribed” means prescribed by regulations;
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“proprietor”, in relation to a school, has the same meaning as in the
Education Act 1996 (c. 56);
“regulations” means regulations made by the Secretary of State;
“the Tribunal” has the meaning given by section 68(11);
“young child” has the meaning given by section 19.
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(2)
For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to
service by post), a notice or order which may by virtue of any provision of this
Part be sent by post to an applicant for registration or to a registered person is
to be treated as properly addressed if it is addressed to him at the address
notified by him to the Chief Inspector as the address to which correspondence
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to him should be sent.

Childcare Bill
Part 4 — General
49

Part 4
General
96
Minor and consequential amendments and repeals
(1)
Schedule 2 (which contains minor and consequential amendments) has effect.
(2)
The enactments specified in Schedule 3 are repealed to the extent specified.
5
97
Subordinate legislation: general provisions
(1)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act is exercisable by statutory instrument.
(2)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act includes power—
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(a)
to make different provision for different cases or areas;
(b)
to make provision generally or in relation to specific cases;
(c)
to make such incidental, supplementary, saving or transitional
provision as the Secretary of State or the Assembly thinks fit.
98
Subordinate legislation: parliamentary control
15
(1)
A statutory instrument containing an order or regulations made by the
Secretary of State under this Act is subject to annulment in pursuance of a
resolution of either House of Parliament.
(2)
Subsection (1) does not apply to—
(a)
an order under section 102(2) (commencement), or
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(b)
an order to which subsection (3) applies.
(3)
A statutory instrument which contains (whether alone or with other
provisions) —
(a)
an order under section 5,
(b)
an order under section 41(4), or
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(c)
an order under section 91,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
99
General interpretation etc.
In this Act—
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“the Assembly” means the National Assembly for Wales;
“child” means a person under the age of 18;
“English local authority” means—
(a)
a county council in England;
(b)
a metropolitan district council;
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(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London (in their capacity as
a local authority);
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