|
| |
|
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | The authority must keep a childcare assessment prepared by them under |
| |
review until the childcare assessment is superseded by a further childcare |
| |
| 20 |
(5) | Regulations may make provision requiring a childcare assessment— |
| |
(a) | to deal with prescribed matters or be prepared according to prescribed |
| |
| |
(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 |
| |
| |
(a) | consult such persons, or persons of such a description, as may be |
| |
| |
(b) | have regard to any guidance given from time to time by the Secretary |
| 30 |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 15 |
“parent” means a parent of a child or young person and includes any |
| |
| |
(a) | has parental responsibility for a child, or |
| |
| |
“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 |
| |
| |
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 |
| |
| |
(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)— |
| |
| |
(ii) | a school approved by the Secretary of State under section 342 of |
| |
the Education Act 1996 (c. 56)(approval of non-maintained |
| 35 |
| |
(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 |
| |
| 45 |
(a) | provide or intend to provide childcare in their area, or |
| |
|
| |
|
| |
|
(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. |
| |
| 5 |
| |
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.”. |
| |
|
| |
|
| |
|
(3) | In section 23 (interpretation), in subsection (3) (which defines “children’s |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(3) | In subsection (4) after paragraph (b) insert “or |
| |
(c) | provided in pursuance of the duty imposed by section 7 of the |
| 20 |
| |
| |
| |
(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 |
| |
(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— |
| |
|
| |
|
| |
|
(a) | is provided in any of the following establishments as part of the |
| |
establishment’s activities— |
| |
(i) | an appropriate children’s 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 |
| |
(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 |
| |
| |
19 | Meaning of “young child” |
| 20 |
For the purposes of this Part and Part 3, a child is a “young child” during the |
| |
| |
(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 |
| |
| |
21 | Interpretation of Part 1 |
| |
| 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 |
|
| |
|
| |
|
| |
General Functions of Local Authority: Wales |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(iii) | the provision of childcare involving the use of the Welsh |
| |
| 20 |
(b) | may have regard to any childcare which they expect to be available |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
“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 |
| |
23 | Powers of local authority in relation to the provision of childcare |
| |
(1) | A Welsh local authority may— |
| |
|
| |
|