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Childcare Bill


Childcare Bill
Part 1 — General functions of local authority: England

5

 

7       

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

5

(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.

8       

Powers of local authority in relation to the provision of childcare

(1)   

An English local authority may—

10

(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)

15

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—

20

(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

25

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

40

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

6

 

10      

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—

5

(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.

11      

Duty to assess childcare provision

10

(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.

15

(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.

20

(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.

25

(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

30

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

12      

Duty to provide information, advice and assistance

35

(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;

40

(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

7

 

(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.

5

(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

10

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—

15

“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

20

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.

13      

Duty to provide information, advice and training to childcare providers

(1)   

An English local authority must, in accordance with regulations, secure the

25

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;

30

(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

35

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

40

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—

45

(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

5

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.

10

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

15

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.

20

(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

25

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.

30

(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).

16      

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

40

the Childcare Act 2006.”.

 
 

Childcare Bill
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

5

of the Childcare Act 2006.”.

17      

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—

10

“(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

15

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

20

Childcare Act 2006.”

Interpretation

18      

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),

25

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

30

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;

35

(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.

40

(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,

5

(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.

10

(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

15

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.

19      

Meaning of “young child”

20

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.

25

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—

30

“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.

35

 
 

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

11

 

Part 2

General Functions of Local Authority: Wales

Provision of childcare

22      

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

20

(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

25

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

35

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

40

(b)   

has care of a child.

23      

Powers of local authority in relation to the provision of childcare

(1)   

A Welsh local authority may—

 
 

 
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