Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 1 — General functions of local authority: England
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Duty to secure prescribed early years provision free of charge
(1)
An English local authority must secure that early years provision of a
prescribed description is available free of charge for such periods as may be
prescribed for each young child in their area who—
(a)
has attained such age as may be prescribed, but
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(b)
is under compulsory school age.
(2)
In discharging their duty under subsection (1), a local authority must have
regard to any guidance given from time to time by the Secretary of State.
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Powers of local authority in relation to the provision of childcare
(1)
An English local authority may—
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(a)
assist any person who provides or proposes to provide childcare;
(b)
make arrangements with any other person for the provision of
childcare;
(c)
subject to subsection (3), provide childcare.
(2)
The assistance which a local authority may give under subsection (1)(a)
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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)
An English local authority may not provide childcare for a particular child or
group of children unless the local authority are satisfied—
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(a)
that no other person is willing to provide the childcare (whether in
pursuance of arrangements made with the authority or otherwise), or
(b)
if another person is willing to do so, that in the circumstances it is
appropriate for the local authority to provide the childcare.
(4)
Subsection (3) does not affect the provision of childcare by the governing body
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of a maintained school.
(5)
Subsection (3) does not apply in relation to the provision of childcare under
section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in
need).
(6)
In exercising their functions under this section, an English local authority must
30
have regard to any guidance given from time to time by the Secretary of State.
9
Arrangements between local authority and childcare providers
(1)
This section applies where an English 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
35
provided by the authority under the arrangements.
(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
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specified conditions are not satisfied, require the repayment of the whole or
any part of any financial assistance provided by the local authority under the
arrangements.

Childcare Bill
Part 1 — General functions of local authority: England
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Charges where local authority provide childcare
(1)
An English 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 child.
(2)
Subsection (1) does not apply—
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(a)
to childcare provided in pursuance of the duty imposed by section 7, or
(b)
to childcare provided under section 18(1) or (5) of the Children Act 1989
(c. 41) (day care for children in need), provision as to charges for such
care being made by section 29 of that Act.
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Duty to assess childcare provision
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(1)
An English local authority must prepare assessments of the sufficiency of the
provision of childcare (whether or not by them) in their area (“childcare
assessments”).
(2)
The first childcare assessment must be prepared before the end of the period of
one year beginning with the commencement of this section.
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(3)
Subsequent childcare assessments must be prepared at intervals not exceeding
three years.
(4)
The authority must keep a childcare assessment prepared by them under
review until the childcare assessment is superseded by a further childcare
assessment.
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(5)
Regulations may make provision requiring a childcare assessment—
(a)
to deal with prescribed matters or be prepared according to prescribed
criteria;
(b)
to be in the prescribed form;
(c)
to be published in the prescribed manner.
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(6)
In preparing a childcare assessment and keeping it under review, an English
local authority must—
(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 Secretary
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of State.
(7)
Subsection (5) of section 6 applies for the purposes of this section as it applies
for the purposes of that section.
Information, advice and assistance
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Duty to provide information, advice and assistance
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(1)
An English 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
is of a prescribed description and relates to any of the following—
(a)
the provision of childcare in the area of the local authority;
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(b)
any other services or facilities, or any publications, which may be of
benefit to parents or prospective parents in their area;

Childcare Bill
Part 1 — General functions of local authority: England
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(c)
any other services or facilities, or any publications, which may be of
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.
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(4)
The service must provide advice and assistance to parents or prospective
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
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area who may benefit from it, including, in particular, persons who might
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 Secretary of State.
(7)
In this section—
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“parent” means a parent of a child or young person and includes any
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
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is likely to become, or is planning to become, a parent;
“young person” means a person who has attained the age of 18 but has not
attained the age of 20.
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Duty to provide information, advice and training to childcare providers
(1)
An English local authority must, in accordance with regulations, secure the
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provision of information, advice and training to—
(a)
persons providing childcare in their area who are registered under Part
3;
(b)
persons who intend to provide childcare in their area in respect of
which they will be required to register under Part 3;
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(c)
persons who provide childcare at any of the following schools in their
area (whether or not they are required to register under Part 3)—
(i)
a maintained school,
(ii)
a school approved by the Secretary of State under section 342 of
the Education Act 1996 (c. 56)(approval of non-maintained
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special schools),
(iii)
an independent school;
(d)
persons who intend to provide childcare at any such school (whether
or not they would be required to register under Part 3);
(e)
persons who are employed to assist any such persons as are mentioned
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in paragraph (a) or (c) in the provision of childcare or persons who
intend to obtain such employment.
(2)
An English local authority may provide information, advice and training to
persons who do not fall within any of paragraphs (a) to (e) of subsection (1) but
who—
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(a)
provide or intend to provide childcare in their area, or

Childcare Bill
Part 1 — General functions of local authority: England
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(b)
are employed to assist in the provision of childcare in their area or who
intend to obtain such employment.
(3)
In exercising their functions under this section, an English local authority must
have regard to any guidance given from time to time by the Secretary of State.
Miscellaneous
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14
Inspection
For the purposes of section 38 of the Education Act 1997 (c. 44) (inspection of
local education authorities), the functions conferred on an English local
authority by this Part are to be regarded as functions conferred on a local
education authority in their capacity as such.
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15
Powers of Secretary of State to secure proper performance etc.
(1)
Section 496 of the 1996 Act (powers of Secretary of State to prevent
unreasonable exercise of functions) applies in relation to an English local
authority and the powers conferred or duties imposed on them by or under
this Part as it applies in relation to a local education authority in England and
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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 an English 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
England by or for the purposes of the 1996 Act.
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(3)
Section 497A of the 1996 Act (power to secure proper performance of LEA’s
functions) applies in relation to an English local authority’s functions under
this Part as it applies in relation to the functions of a local education authority
in England mentioned in subsection (1) of that section.
(4)
Sections 497AA and 497B of the 1996 Act apply accordingly where powers
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under section 497A of that Act are exercised in relation to any of the functions
of an English 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 an English local authority’s functions under this Part, references to
the local education authority are to be read as references to the local authority.
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(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 an English
local authority under this Part.
(7)
In this section, “the 1996 Act” means the Education Act 1996 (c. 56).
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Amendments of Children Act 2004
35
(1)
The Children Act 2004 (c. 31) is amended as follows.
(2)
In section 18 (director of children’s services), in subsection (2)—
(a)
omit the “and” at the end of paragraph (d), and
(b)
after paragraph (e) insert “; and
(f)
the functions conferred on the authority under Part 1 of
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the Childcare Act 2006.”.

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Part 1 — General functions of local authority: England
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(3)
In section 23 (interpretation), in subsection (3) (which defines “children’s
services”)—
(a)
omit the “and” at the end of paragraph (b), and
(b)
after paragraph (c) insert “; and
(d)
any function conferred on a local authority under Part 1
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of the Childcare Act 2006.”.
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Charges for early years provision at maintained school
(1)
Section 451 of the Education Act 1996 (c. 56) (prohibition of charges for
provision of education) is amended as follows.
(2)
After subsection (2) insert—
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“(2A)
Regulations may, in relation to England, prescribe circumstances in
which subsection (2) does not apply in relation to education which is
early years provision (as defined by section 20 of the Childcare Act
2006) other than —
(a)
early years provision provided in pursuance of the duty
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imposed by section 7 of that Act, or
(b)
early years provision for a pupil who is of compulsory school
age.”
(3)
In subsection (4) after paragraph (b) insert “or
(c)
provided in pursuance of the duty imposed by section 7 of the
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Childcare Act 2006.”
Interpretation
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Meaning of childcare
(1)
This section applies for the purposes of this Part and Part 3.
(2)
“Childcare” means any form of care for a child and, subject to subsection (3),
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care includes—
(a)
education for a child, and
(b)
any other supervised activity for a child.
(3)
“Childcare” does not include—
(a)
education (or any other supervised activity) provided by a school
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during school hours for a registered pupil who is not a young child, or
(b)
any form of health care for a child.
(4)
“Childcare” does not include care provided for a child by—
(a)
a parent or step-parent of the child;
(b)
a person with parental responsibility for the child;
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(c)
a relative of the child;
(d)
a person who is a local authority foster parent in relation to the child;
(e)
a person who is a foster parent with whom the child has been placed by
a voluntary organisation;
(f)
a person who fosters the child privately.
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(5)
“Childcare” does not include care provided for a child if the care—

Childcare Bill
Part 1 — General functions of local authority: England
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(a)
is provided in any of the following establishments as part of the
establishment’s activities—
(i)
an appropriate children’s home,
(ii)
a care home,
(iii)
a hospital in which the child is a patient,
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(iv)
a residential family centre, and
(b)
is so provided by the person carrying on the establishment or a person
employed to work at the establishment.
(6)
The reference in subsection (5)(b) to a person who is employed includes a
reference to a person who is employed under a contract for services.
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(7)
In this section—
(a)
“appropriate children’s home”, “local authority foster parent”, “to
foster a child privately” and “voluntary organisation” have the same
meaning as in the Children Act 1989 (c. 41);
(b)
“care home”, “hospital” and “residential family centre” have the same
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meaning as in the Care Standards Act 2000 (c. 14);
(c)
“relative”, in relation to a child, means a grandparent, aunt, uncle,
brother or sister, whether of the full blood or half blood or by marriage
or civil partnership.
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Meaning of “young child”
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For the purposes of this Part and Part 3, a child is a “young child” during the
period—
(a)
beginning with his birth, and
(b)
ending immediately before the 1st September next following the date
on which he attains the age of five.
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20
Meaning of “early years provision”
In this Part “early years provision” means the provision of childcare for a
young child.
21
Interpretation of Part 1
In this Part—
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“childcare” has the meaning given by section 18;
“early years provision” has the meaning given by section 20;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State;
“young child” has the meaning given by section 19.
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Childcare Bill
Part 2 — General Functions of Local Authority: Wales
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Part 2
General Functions of Local Authority: Wales
Provision of childcare
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Duty to secure sufficient childcare for working parents
(1)
A Welsh local authority must secure, so far as is reasonably practicable, that the
5
provision of childcare (whether or not by them) is sufficient to meet the
requirements of parents in their area who require childcare in order to enable
them—
(a)
to take up, or remain in, work, or
(b)
to undertake education or training which could reasonably be expected
10
to assist them to obtain work.
(2)
In determining for the purposes of subsection (1) whether the provision of
childcare is sufficient to meet those requirements, a local authority—
(a)
must have regard to the needs of parents in their area for—
(i)
the provision of childcare in respect of which the child care
15
element of working tax credit is payable,
(ii)
the provision of childcare which is suitable for disabled
children, and
(iii)
the provision of childcare involving the use of the Welsh
language, and
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(b)
may have regard to any childcare which they expect to be available
outside their area.
(3)
In discharging their duty under subsection (1), a local authority must have
regard to any guidance given from time to time by the Assembly.
(4)
The Assembly may by order amend subsection (2) (and subsection (6) so far as
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relating to that subsection) so as to modify the matters to which a local
authority must or may have regard in determining whether the provision of
childcare is sufficient.
(5)
This section does not apply in relation to childcare—
(a)
for a child other than a disabled child, on or after the 1st September next
30
following the date on which he attains the age of 14;
(b)
for a disabled child, on or after the 1st September next following the
date on which he attains the age of 16.
(6)
In this section—
“child care element”, in relation to working tax credit, is to be read in
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accordance with section 12 of the Tax Credits Act 2002 (c. 21);
“disabled child” means a child who has a disability for the purposes of the
Disability Discrimination Act 1995 (c. 50);
“parent” includes any individual who—
(a)
has parental responsibility for a child, or
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(b)
has care of a child.
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Powers of local authority in relation to the provision of childcare
(1)
A Welsh local authority may—