Childcare Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Childcare Bill

Childcare Bill
Schedule 2 — Minor and consequential amendments
55

Schedule 2
Section 96(1)

Minor and consequential amendments
Children Act 1989 (c. 41)
1
In section 18 of the Children Act 1989 (day care for pre-school and other
children)—
5
(a)
in subsection (2), after “local authority” insert “in Wales”;
(b)
in subsection (6), after “local authority” insert “in Wales”.
2
In the heading of Part 10A of the Children Act 1989 (child minding and day
care for children in England and Wales), omit “England and”.
3
In Part 10A of the Children Act 1989 (including Schedule 9A) for “the
10
registration authority”, “a registration authority” or “the authority”,
wherever occurring, substitute (in each case) “the Assembly”.
4
In section 79B of the Children Act 1989 (other definitions etc.)—
(a)
omit subsection (1),
(b)
for subsection (2) substitute—
15
“(2)
In this Act “the Assembly” means the National Assembly for
Wales.”, and
(c)
for subsection (7) substitute—
“(7)
“Regulations” means regulations made by the Assembly.”
5
In section 79C of the Children Act 1989 (regulations etc. governing child
20
minders and day care providers), omit subsections (1), (4) and (5).
6
In section 79D of the Children Act 1989 (requirement to register)—
(a)
for subsection (1) substitute—
“(1)
No person shall act as a child minder in Wales unless he is
registered under this Part for child minding by the
25
Assembly.”,
(b)
in subsection (4) omit the words “(whether the contravention occurs
in England or Wales)”, and
(c)
in subsection (5), after “premises” insert “in Wales”.
7
In section 79H of the Children Act 1989 (suspension of registration), omit
30
subsection (3).
8
In section 79K of the Children Act 1989 (protection of children in an
emergency), in subsection (1) after “registered” insert “under this Part”.
9
Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only
to England).
35
10
In section 79S of the Children Act 1989 (general functions of the Assembly),
in subsection (2) omit the words from “but the regulations” to the end of the
subsection.
11
In section 79U of the Children Act 1989 (rights of entry etc.) in subsection (1)
omit “England or”.
40

Childcare Bill
Schedule 2 — Minor and consequential amendments
56

12
In section 79V of the Children Act 1989 (function of local authorities), after
“local authority” insert “in Wales”.
13
In section 79W of the Children Act 1989 (requirement for certificate of
suitability), in subsection (1) after “children” (in the first place where it
occurs) insert “in Wales”.
5
14    (1)
Schedule 9A to the Children Act 1989 (child minding and day care for young
children) is amended as follows.
      (2)
In the heading, after “children” insert “in Wales”.
      (3)
In paragraph 1 (exemption of certain schools), in sub-paragraph (1)(c), omit
“the Secretary of State or”.
10
      (4)
In paragraph 4 (disqualification for registration)—
(a)
in sub-paragraph (1), after “day care” insert “in Wales”,
(b)
in sub-paragraph (2)(f), after “Part XA” insert “or Part 3 of the
Childcare Act 2006”,
(c)
in sub-paragraph (3), after “day care” (in each place where it occurs)
15
insert “in Wales”,
(d)
in sub-paragraph (4), after “day care” (in each place where it occurs)
insert “in Wales”, and
(e)
in sub-paragraph (5), after “day care” (in each place where it occurs)
insert “in Wales”.
20
      (5)
In paragraph 5 (offences relating to disqualification)—
(a)
in sub-paragraph (1)(a)—
(i)
after “child minder” insert “in Wales”,
(ii)
after “child minding” insert “in Wales”,
(b)
in sub-paragraph (1)(b) for “any of sub-paragraphs (3) to (5)”
25
substitute “sub-paragraph (4) or (5)”, and
(c)
for sub-paragraph (2) substitute—
    “(2)
A person who contravenes sub-paragraph (4) of paragraph
4 shall not be guilty of an offence under this paragraph if—
(a)
he is disqualified for registration by virtue only of
30
regulations made under sub-paragraph (3) of
paragraph 4, and
(b)
he proves that he did not know, and had no
reasonable grounds for believing, that he was
living in the same household as a person who was
35
disqualified for registration or in a household in
which such a person was employed.”
      (6)
In paragraph 6 (certificates of registration), in sub-paragraph (5)—
(a)
in paragraph (a) for “(in England or in Wales)” substitute “in Wales”,
and
40
(b)
in paragraph (b) after “any premises” insert “in Wales”.
      (7)
In paragraph 8 (co-operation between authorities), omit sub-paragraph (1).
Education Act 1996 (c. 56)
15
In the heading to section 17 of the Education Act 1996, for “nursery
education” substitute “nursery schools”.
45

Childcare Bill
Schedule 2 — Minor and consequential amendments
57

16
In section 318 of the Education Act 1996 (provision of goods and services in
connection with special educational needs), in subsection (3A)(a) for
“receiving relevant nursery education” substitute “receiving relevant early
years education”.
17    (1)
Section 329A of the Education Act 1996 (review or assessment of educational
5
needs at request of responsible body) is amended as follows.
      (2)
In subsection (11), for “relevant nursery education” substitute “relevant
early years education”.
      (3)
In subsection (13)(c), for “nursery”, in both places, substitute “early years”.
      (4)
For subsection (14) substitute—
10
“(14)
“Relevant early years education”—
(a)
in relation to England, has the same meaning as it has (in
relation to England) in section 123 of the School Standards
and Framework Act 1998 except that it does not include early
years education provided by a local education authority at a
15
maintained nursery school for a pupil at the school;
(b)
in relation to Wales, has the same meaning as it has (in
relation to Wales) in section 123 of the School Standards and
Framework Act 1998 except that it does not include early
years education provided by a local education authority at a
20
maintained nursery school.”
18
In section 509A of the Education Act 1996 (travel arrangements for children
receiving nursery education otherwise than at school)—
(a)
in the heading and in each of subsections (1), (3) and (4) for “nursery
education” substitute “early years education”, and
25
(b)
for subsection (5) substitute—
“(5)
In this section “relevant early years education” means—
(a)
in relation to England, early years provision as
defined by section 20 of the Childcare Act 2006 which
is provided—
30
(i)
by a local authority in England under section
7 of that Act, or
(ii)
by any other person who is in receipt of
financial assistance given by such an authority
under arrangements made by the authority in
35
pursuance of their duty under that section;
(b)
in relation to Wales, nursery education which is
provided—
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of
40
financial assistance given by a local authority
under arrangements made by them in
pursuance of the duty imposed by section 118
of the School Standards and Framework Act
1998.
45
19
In section 512 of the Education Act 1996 (LEA functions concerning
provision of meals etc.)—

Childcare Bill
Schedule 2 — Minor and consequential amendments
58

(a)
in subsection (1)(c) for “relevant funded nursery education”
substitute “relevant funded early years education”, and
(b)
in subsection (6) for the definition of “relevant funded nursery
education” substitute—
“relevant funded early years education”, in relation to a
5
local education authority in England, means early
years provision as defined by section 20 of the
Childcare Act 2006 which is provided by a person,
other than the governing body of a maintained school
(within the meaning of section 20(7) of the School
10
Standards and Framework Act 1998) or a maintained
nursery school, under arrangements made by a local
authority in pursuance of the duty imposed by
section 7 of the 2006 Act (duty to secure prescribed
early years provision free of charge);
15
“relevant funded early years education”, in relation to a
local education authority in Wales, means education
provided by a person other than the governing body
of a maintained school (within the meaning of section
20(7) of the School Standards and Framework Act
20
1998) or a maintained nursery school—
(a)
under arrangements made with that person
by the authority in pursuance of the duty
imposed on the authority by section 118 of
that Act (duty of LEA to secure sufficient
25
nursery education), and
(b)
in consideration of financial assistance
provided by the authority under those
arrangements.””
20    (1)
Section 548 of the Education Act 1996 (no right to give corporal punishment)
30
is amended as follows.
      (2)
In subsection (1)(c) for “specified nursery education” substitute “specified
early years education”.
      (3)
For subsection (8) substitute—
“(8)
“Specified early years education” means—
35
(a)
in relation to England, early years provision as defined by
section 20 of the Childcare Act 2006 which is provided—
(i)
by a local authority in England under section 7 of that
Act, or
(ii)
by any other person who is in receipt of financial
40
assistance given by such an authority under
arrangements made by the authority in pursuance of
their duty under that section;
(b)
in relation to Wales, full-time or part-time education suitable
for children who have not attained compulsory school age
45
which is provided—
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of financial
assistance given by such an authority under
arrangements made by them in pursuance of the duty
50

Childcare Bill
Schedule 2 — Minor and consequential amendments
59

imposed by section 118 of the School Standards and
Framework Act 1998.
Education Act 1997 (c. 44)
21
In section 38 of the Education Act 1997 (inspection of local education
authorities), in subsection (2A)(b), after “sections 25 and 26” insert “of the
5
Children Act 2004”.
School Standards and Framework Act 1998 (c. 31)
22
In section 118 of the School Standards and Framework Act 1998 (duty of
LEA as respects availability of nursery education), in subsection (1) after “a
local education authority” insert “in Wales”.
10
23
Section 118A of the School Standards and Framework Act 1998 (duties of
LEA in respect of childcare) is omitted.
24    (1)
Section 119 of the School Standards and Framework Act 1998 (early years
development and childcare partnerships) is amended as follows.
      (2)
In subsection (1), after “local education authority” insert “in Wales”.
15
      (3)
In subsection (2), for “the Secretary of State” substitute “the Assembly”.
      (4)
In subsection (5), omit paragraph (ab).
      (5)
In subsection (6), for “The Secretary of State” substitute “The Assembly”.
25    (1)
Section 122 of the School Standards and Framework Act 1998 (inspection of
nursery education) is amended as follows.
20
      (2)
In the heading, after “nursery education” insert “in Wales”.
      (3)
In subsection (1), after “nursery education” insert “in Wales”.
26
In section 123 of the School Standards and Framework Act 1998 (children
with special educational needs)—
(a)
in subsections (1)(a), (2) and (3A) for “relevant nursery education”
25
substitute “relevant early years education”, and
(b)
for subsection (4) substitute—
“(4)
In this section “relevant early years education” means—
(a)
in relation to England, early years provision as
defined by section 20 of the Childcare Act 2006 which
30
is provided—
(i)
by a local authority in England under section
7 of that Act, or
(ii)
by any other person who is in receipt of
financial assistance given by such an authority
35
under arrangements made by the authority in
pursuance of their duty under that section;
(b)
in relation to Wales, nursery education which is
provided—
(i)
by a local education authority in Wales, or
40
(ii)
by any other person who is in receipt of
financial assistance given by such an authority

Childcare Bill
Schedule 2 — Minor and consequential amendments
60

under arrangements made by them in
pursuance of the duty imposed by section
118.”
27    (1)
Schedule 26 to the School Standards and Framework Act 1998 (inspection of
nursery education) is amended as follows.
5
      (2)
In the title of the Schedule after “nursery education” insert “in Wales”.
      (3)
In paragraph 1(1)—
(a)
in sub-paragraph (za) after “school” (in each place where it occurs)
insert “in Wales”;
(b)
in sub-paragraph (a) after “local education authority” insert “in
10
Wales”;
(c)
in sub-paragraph (b) after “local education authority” insert “in
Wales”.
      (4)
In paragraph 1(2) after “local education authority” insert “in Wales”.
      (5)
In paragraph 1(3)(b)(ii) after “local education authority” insert “in Wales”.
15
      (6)
In paragraph 2(1)—
(a)
omit paragraph (a), and
(b)
for paragraph (c) substitute—
“(c)
“the Chief Inspector” (without more) means the
Chief Inspector for Wales.”
20
      (7)
For paragraph 2(5) substitute—
    “(5)
In this Schedule, “well-being” in relation to children for whom
nursery education is provided in Wales, is a reference to their
well-being having regard to the matters mentioned in section 25(2)
of the Children Act 2004.”
25
      (8)
In paragraph 3 for “the Secretary of State” substitute “the Assembly”.
      (9)
In paragraph 4—
(a)
for “the Secretary of State” (in both places where it occurs) substitute
“the Assembly”, and
(b)
for “the Secretary of State’s” substitute “the Assembly’s”.
30
     (10)
In paragraph 5 for “the Secretary of State” substitute “the Assembly”.
     (11)
Omit the following—
(a)
paragraph 6A,
(b)
in the cross-heading before paragraph 7, the words “6A or”,
(c)
in paragraph 7, the words “6A or”,
35
(d)
paragraph 13A,
(e)
paragraph 14(1),
(f)
in paragraph 16, the words “6A or”, and
(g)
in paragraph 18, sub-paragraphs (1)(a) and (4)(a).
Education Act 2005 (c. 18)
40
28
In section 59(1) of the Education Act 2005 (combined reports)—
(a)
in paragraph (b) after “for children” insert “in Wales”,

Childcare Bill
Schedule 3 — Repeals
Part 1 — The curriculum
61

(b)
in paragraph (c) after “nursery education” insert “in Wales”,
(c)
omit the “and” at the end of paragraph (c), and
(d)
at the end of paragraph (d) insert “and
(e)
Chapters 2 and 3 of the Childcare Act 2006 (regulation
of early years and later years provision in England).”
5
Schedule 3
Section 96(2)

Repeals
Part 1
The curriculum

Short title and chapter
Extent of repeal

10

Education Act 1997 (c. 44)
In section 23—

  in subsection (1), paragraph (c) and the word

“and” immediately preceding it; and

  subsection (2A).

Education Act 2002 (c. 32)
In section 76, the definitions of “early learning

15

goals”, “the foundation stage”, “maintained

nursery school” and “pupil” and, in the

definition of “school year”, the words from

“and has a corresponding” to the end.

Section 77.

20

Section 78(2).

In section 79—

  in subsection (4)(b), the words from “or the”

to “nursery school”; and

  subsection (5).

25

Section 81.

Section 83.

In section 87—

  subsection (2);

  in subsection (4), the words “(2) or”, in

30

paragraph (a) the words “the foundation

stage or” and “educational programme or”

and in paragraph (b) the words from “(or the

timetables” to “education)”;

  in subsection (5), the words “(2) or”;

35

  subsection (6);

  in subsection (8), the words “(2)(c) or”;

  in subsection (10), the words “(6) or” and, in

paragraph (a), the words from “or” to

“provided”; and

40

  in subsection (11), the words “(2)(c) or” and

“(6) or”.

Section 89.

In section 90, in subsection (1) the words “or

maintained nursery school” and in subsection

45

(3) the words “or a maintained nursery

school”.