House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill


Childcare Bill
Part 4 — General

50

 

“independent school” has the same meaning as in the Education Act 1996

(c. 56);

“maintained school” means a community, foundation or voluntary

school, a community or foundation special school or a maintained

nursery school;

5

“maintained nursery school” has the same meaning as in the School

Standards and Framework Act 1998 (c. 31);

“parental responsibility” has the same meaning as in the Children Act

1989 (c. 41);

“registered pupil” has the same meaning as in the Education Act 1996;

10

“school” has the same meaning as in the Education Act 1996;

“Welsh local authority” means a county council or county borough

council in Wales;

“well-being”, in relation to children, has the meaning given by section

1(2).

15

100     

Financial provisions

There shall be paid out of money provided by Parliament—

(a)   

any expenses incurred by a Minister of the Crown or government department

under or by virtue of this Act, and

(b)   

any increase attributable to this Act in the sums which under any other Act

20

are payable out of money so provided.

101     

Isles of Scilly

Parts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect

subject to such exceptions, adaptations and modifications as the Secretary of

State may by order prescribe.

25

102     

Commencement

(1)   

This section, sections 97 to 101 and sections 103 and 104 come into force on the

day on which this Act is passed.

(2)   

The other provisions of this Act come into force in accordance with provision

made by order by the appropriate authority (as determined under section 103).

30

103     

The appropriate authority by whom commencement order is made

(1)   

This section has effect for determining who is the appropriate authority for the

purposes of section 102(2).

(2)   

In relation to Parts 1 and 3 (including Schedule 1), the appropriate authority is

the Secretary of State.

35

(3)   

In relation to Part 2, the appropriate authority is the Assembly.

(4)   

In relation to section 96(1) and Schedule 2, the appropriate authority is—

(a)   

for paragraphs 14(5)(b) and (c), 15 to 20 and 26 of that Schedule (and

section 96(1) so far as relating to those provisions)—

(i)   

in relation to England, the Secretary of State, and

40

(ii)   

in relation to Wales, the Assembly,

 
 

Childcare Bill
Part 4 — General

51

 

(b)   

for paragraph 21 of that Schedule (and section 96(1) so far as relating to

that paragraph), the Assembly, and

(c)   

for the other provisions of that Schedule (and section 96(1) so far as

relating to those provisions), the Secretary of State.

(5)   

In relation to section 96(2) and Schedule 3, the appropriate authority is—

5

(a)   

for a repeal contained in Part 1 of that Schedule, the Secretary of State,

and

(b)   

for a repeal contained in Part 2 of that Schedule, the appropriate

authority for the purposes of 102(2) in relation to the provision on

which the repeal is consequential.

10

104     

Short title and extent

(1)   

This Act may be cited as the Childcare Act 2006.

(2)   

This Act extends to England and Wales only.

 
 

52

Childcare Bill
Schedule 1 — Amendments relating to the curriculum

 

Schedules

Schedule 1

Section 47

 

Amendments relating to the curriculum

Interpretation

1          

In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

5

Education Act 1997 (c. 44)

2     (1)  

Section 23 of the Education Act 1997 (functions of Qualifications and

Curriculum Authority) is amended as follows.

      (2)  

In subsection (1), omit paragraph (c) and the word “and” immediately

preceding it.

10

      (3)  

After subsection (2) insert—

“(2ZA)   

If the Secretary of State so provides by order, the Qualifications and

Curriculum Authority shall also have—

(a)   

such additional functions as may be specified in the order

with respect to pupils falling within subsection (1)(a) or (b)

15

who are young children, and

(b)   

such functions as may be specified in the order with respect

to children not falling within subsection (1)(a) or (b) for

whom early years provision is provided in England by early

years providers to whom section 40 of the Childcare Act 2006

20

(duty to implement Early Years Foundation Stage) applies.”

(2ZB)   

Before making an order under subsection (2ZA), the Secretary of

State shall consult the Qualifications and Curriculum Authority.”

      (4)  

Omit subsection (2A).

      (5)  

In subsection (5)

25

(a)   

for the definition of “funded nursery education” and the “and”

immediately following it substitute—

“ “early years provider” and “early years provision”

have the same meaning as in Part 3 of the Childcare

Act 2006;”, and

30

(b)   

at the end insert—

“ “young children” has the same meaning as in Part 3 of

the Childcare Act 2006.”

 

 

Childcare Bill
Schedule 1 — Amendments relating to the curriculum

53

 

Education Act 2002 (c. 32)

3     (1)  

Section 76 of the 2002 Act (interpretation of Part 6) is amended as follows.

      (2)  

For the definition of “assessment arrangements” substitute—

“ “assessment arrangements”, in relation to a key stage, means

the arrangements for assessing pupils in respect of that stage

5

for the purpose of ascertaining what they have achieved in

relation to the attainment targets for that stage;”.

      (3)  

Omit the definitions of “early learning goals”, “the foundation stage”,

“maintained nursery school” and “pupil”.

      (4)  

In the definition of “school year”, omit the words from “and has a

10

corresponding” to the end.

4          

Omit section 77 of the 2002 Act (meaning of “nursery education” and related

expressions).

5          

In section 78 of the 2002 Act (general requirements in relation to the

curriculum), omit subsection (2).

15

6     (1)  

Section 79 of the 2002 Act (duty to implement general requirements) is

amended as follows.

      (2)  

For subsections (1) and (2) substitute—

“(1)   

The Secretary of State shall exercise his functions with a view to

securing that the curriculum for every maintained school or

20

maintained nursery school satisfies the requirements of section 78.

(2)   

Every local education authority in England shall exercise their

functions with a view to securing that the curriculum for every

maintained school or maintained nursery school which they

maintain satisfies the requirements of section 78.”

25

      (3)  

In subsection (4)(b), omit the words from “or the” to “nursery school”.

      (4)  

Omit subsection (5).

7     (1)  

Section 80 of the 2002 Act (basic curriculum for maintained school) is

amended as follows.

      (2)  

In subsection (1)(b), for “who have attained the age of three” substitute “who

30

have ceased to be young children for the purposes of Chapter 1 of Part 1 of

the Childcare Act 2006”.

      (3)  

In subsection (2)(a), for “a nursery class in a primary school” substitute

“pupils who are under compulsory school age”.

8          

Omit section 81 of the 2002 Act (the foundation stage).

35

9          

Omit section 83 of the 2002 Act (curriculum requirements for the foundation

stage) ceases to have effect.

10    (1)  

Section 87 of the 2002 Act (establishment of National Curriculum by order)

is amended as follows.

 

 

Childcare Bill
Schedule 1 — Amendments relating to the curriculum

54

 

      (2)  

For subsection (1) substitute—

“(1)   

The Secretary of State shall so exercise the powers conferred by

subsection (3) as to revise the National Curriculum for England

whenever he considers it necessary or expedient to do so.”

      (3)  

Omit subsection (2).

5

      (4)  

In subsection (4), omit—

(a)   

“(2) or”,

(b)   

in paragraph (a), the words “the foundation stage or” and

“educational programme or”, and

(c)   

in paragraph (b), the words from “(or the timetables” to “education)”.

10

      (5)  

In subsection (5), omit “(2) or”.

      (6)  

Omit subsection (6).

      (7)  

In subsection (8), omit “(2)(c) or”.

      (8)  

In subsection (10), omit—

(a)   

“(6) or”, and

15

(b)   

in paragraph (a) the words from “or” to “provided”.

      (9)  

In subsection (11), omit “(2)(c) or” and “(6) or”.

11         

Omit section 89 of the 2002 Act (implementation in respect of nursery

schools etc.).

12    (1)  

Section 90 of the 2002 Act (development work and experiments) is amended

20

as follows.

      (2)  

In subsection (1), omit “or maintained nursery school”.

      (3)  

In subsection (3), omit “or a maintained nursery school”.

13         

In section 93 of the 2002 Act (temporary exceptions for individual pupils), in

subsections (1) and (5), omit “or maintained nursery school”.

25

14         

In section 94 of the 2002 Act (information concerning directions under

section 93), in subsection (4)(a), omit “or maintained nursery school”.

15         

In section 96 of the 2002 Act (procedure for making certain orders and

regulations), in subsection (1)(a)—

(a)   

omit “83(3)”, and

30

(b)   

for “87(2)(a) or (b) or (3)(a) or (b)” substitute “87(3)(a) or (b)”.

16         

In section 210 of the 2002 Act (orders and regulations)—

(a)   

omit subsection (3)(c), and

(b)   

in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “87(3)(c)”.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 8 November 2005