|
| |
|
| |
| |
(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 |
| 10 |
| |
(b) | to such extent as he considers appropriate, combine the substantive |
| |
| |
(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 |
| 20 |
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. |
| 25 |
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 |
| 30 |
| |
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— |
| 35 |
(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. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| 5 |
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. |
| 10 |
(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 |
| |
| |
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 |
| |
| |
(a) | assisting parents or prospective parents in choosing an early years or |
| |
| 20 |
(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 |
| 25 |
(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. |
| 30 |
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 |
| |
| 35 |
(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 |
| |
| 40 |
|
| |
|
| |
|
(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. |
| 15 |
(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 |
| 20 |
(b) | to be attributable to any neglect on the part of such an officer or |
| |
| |
| the officer or member as well as the association is guilty of the offence and |
| |
liable to be proceeded against and punished accordingly. |
| |
| 25 |
| |
(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— |
| 30 |
(a) | the amount of a fee payable under the regulations may be varied in accordance |
| |
| |
(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 |
| |
| |
(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 |
| 40 |
prejudice the discharge of any of their functions. |
| |
|
| |
|
| |
|
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). |
| 5 |
(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. |
| 10 |
(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. |
| |
| |
(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); |
| |
| |
(d) | section 72(2), (4), (5), (7) and (9). |
| 20 |
(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 |
| 30 |
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 |
| |
| 35 |
(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 |
| |
| |
(7) | A requirement imposed by the Chief Inspector under subsection (5) must be |
| 40 |
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 |
| |
| |
|
| |
|
| |
|
(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)). |
| 5 |
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 |
| |
| 10 |
(b) | make such further amendments of this Part as appear to him to be |
| |
necessary or expedient in consequence of the amendments made by |
| |
| |
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 |
| |
(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, |
| |
| |
| |
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 |
| 30 |
| |
(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 |
| 35 |
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. |
| 40 |
|
| |
|
| |
|
(8) | Subject to subsection (9), “later years childminding” means later years |
| |
provision on domestic premises for reward (and “later years childminder” is to |
| |
| |
(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 |
| |
| 15 |
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in |
| |
| |
“childcare” has the meaning given by section 18; |
| |
“domestic premises” means premises which are used wholly or mainly as |
| |
| 20 |
“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); |
| 25 |
“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; |
| 30 |
“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. |
| 35 |
(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 |
| 40 |
| |
|
| |
|
| |
|
| |
| |
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— |
| 10 |
(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 |
| 20 |
(b) | an order to which subsection (3) applies. |
| |
(3) | A statutory instrument which contains (whether alone or with other |
| |
| |
(a) | an order under section 5, |
| |
(b) | an order under section 41(4), or |
| 25 |
(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. |
| |
| 30 |
“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; |
| 35 |
(c) | a non-metropolitan district council for an area for which there is |
| |
| |
(d) | a London borough council; |
| |
(e) | the Common Council of the City of London (in their capacity as |
| |
| 40 |
|
| |
|