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Tim Loughton
Mr Nick Gibb
Andrew Selous
Miss Julie Kirkbride
Mrs Maria Miller
53
Clause 66, page 34, line 37, at end insert—
'(7) Regulations made under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.'.
Tim Loughton
Mr Nick Gibb
Andrew Selous
Miss Julie Kirkbride
Mrs Maria Miller
54
Clause 66, page 34, line 37, at end insert—
'(8) The provisions of section 59 (inspections) and 60 (report on inspections) shall apply to persons registered under this Chapter.'.
Beverley Hughes
149
Clause 77, page 42, line 35, at end insert—
'( ) Subsection (2) does not prevent the imposition under section 38, 57 or 65 of a condition requiring a person registered under Chapter 2, 3 or 4 to secure that the occupier of any premises on which the registered person provides early years provision or later years provision gives any consent required by that subsection.'.
Beverley Hughes
150
Clause 82, page 44, line 23, at end insert—
'( ) Regulations may require the Chief Inspector to provide prescribed information held by him in relation to persons registered under this Part to prescribed persons for either of the purposes mentioned in subsection (1).'.
NEW CLAUSES RELATING TO PART 3
Procedure for making certain orders specifying learning and development requirements
Beverley Hughes
NC4
To move the following Clause:—
'(1) This section applies where the Secretary of State proposes to make an order under section 39(1)(a) specifying early learning goals or educational programmes.
(2) The Secretary of State must give notice of the proposal—
| (a) | to such bodies representing the interests of early years providers as the Secretary of State considers appropriate, and |
| (b) | to any other persons with whom consultation appears to the Secretary of State to be desirable, |
and must give them a reasonable opportunity of submitting evidence and representations as to the issues arising.
(3) When the Secretary of State has considered any evidence and representations submitted to him in pursuance of subsection (2), he must publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in early years provision—
| (a) | a draft of the proposed order and any associated document, and |
| (b) | a summary of the views expressed during the consultation. |
(4) The Secretary of State must allow a period of not less than one month beginning with the publication of the draft of the proposed order for the submission of any further evidence and representations as to the issues arising.
(5) When the period so allowed has expired, the Secretary of State may make the order, with or without modifications.'.
Determination of whether prescribed requirements for registration are satisfied
Beverley Hughes
NC5
To move the following Clause:—
'(1) This section applies where the Chief Inspector—
| (a) | is determining, for the purpose of deciding whether to grant an application for registration under Chapter 2, 3 or 4, whether the prescribed requirements for registration are satisfied and are likely to be continued to be satisfied, or |
| (b) | is determining, for the purpose of deciding whether to cancel the registration of any person under section 67(2)(a), whether the prescribed requirements for registration have ceased, or will cease, to be satisfied. |
(2) The Chief Inspector may, if regulations so provide and he thinks it appropriate to do so, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied if for the purpose of his determination—
| (a) | the Chief Inspector has requested a person ("A") to consent to the disclosure by another person ("B") to the Chief Inspector of information which—— |
| (iii) | is of a prescribed description, and |
| (b) | A does not give his consent or withdraws his consent after giving it.'. |
Arrangements for childcare providers to safeguard and promote welfare of young children
Tim Loughton
Mr Nick Gibb
Andrew Selous
Miss Julie Kirkbride
Mrs Maria Miller
Annette Brooke
Mr Roger Williams
NC1
To move the following Clause:—
'(1) Each person and body to whom this part applies must make arrangements for ensuring that—
| (a) | their functions are discharged having regard to the need to safeguard and promote the welfare of children; and |
| (b) | any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need. |
(2) Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State.
(3) In the case of a children's services authority in England, the reference in subsection (1) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.'.
Welfare requirements to be met by early years providers
Tim Loughton
Mr Nick Gibb
Andrew Selous
Miss Julie Kirkbride
Mrs Maria Miller
Annette Brooke
Mr Roger Williams
NC2
To move the following Clause:—
'(1) The matters that may be dealt with by welfare regulations include—
| (a) | the welfare of the children concerned; |
| (b) | suitability of persons to care for, or be in regular contact with, the children concerned; |
| (c) | qualifications and training; |
| (d) | the suitability of premises and equipment; |
| (e) | the manner in which the provision is organised; |
| (f) | procedures for dealing with complaints; |
| (g) | the keeping of records; and |
| (h) | the provision of information. |
(2) Before making welfare regulations, the Secretary of State must consult the Chief Inspector and any other persons he considers appropriate.
(3) Welfare regulations may provide—
| (a) | that a person who without reasonable excuse fails to comply with any requirement of the regulations is guilty of an offence, and |
| (b) | that a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.'. |
Arrangements for childcare providers to safeguard and promote welfare of older children
Tim Loughton
Mr Nick Gibb
Andrew Selous
Miss Julie Kirkbride
Mrs Maria Miller
Annette Brooke
Mr Roger Williams
NC3
To move the following Clause:—
'(1) Each person and body to whom this part applies must make arrangements for ensuring that—
| (a) | their functions are discharged having regard to the need to safeguard and promote the welfare of children; and |
| (b) | any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need. |
(2) Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State.
(3) In the case of a children's services authority in England, the reference in subsection (1) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.'.
Requirement to undertake Safeguarding training
Annette Brooke
Mr Roger Williams
NC10
To move the following Clause:—
'A person applying to register as an early years or later years childminder is required to complete an accredited Local Safeguarding Children Board child protection training course before registration.'.
Beverley Hughes
155
Schedule 2, page 56, line 5, at end insert—
| ' | | In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b) omit "England and".'. |
Beverley Hughes
156
Schedule 2, page 56, line 42, at end insert—
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges) for paragraph 12 substitute—
| "12 | (1) | Premises in England which are used for the provision of childcare by a person who is registered (otherwise than as a childminder) under Part 3 of the Childcare Act 2006 in respect of the premises. |
| (2) | Premises in Wales which are used for the provision of day care for children by a person who is registered under Part 10A of the Children Act 1989 in respect of the premises.".'. |
Beverley Hughes
157
Schedule 2, page 57, line 30, leave out from 'provided' to end of line 36 and insert 'under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision);'.
Beverley Hughes
158
Schedule 2, page 58, line 29, at end insert—
| '19A | (1) | Section 515 of the Education Act 1996 (provision of teaching services for day nurseries) is amended as follows. |
| (2) | In subsection (1) after "a day nursery" insert "in England or Wales or to a registered early years provider in England". |
(a) in paragraph (b) after "the day nursery" insert "or (as the case may be) the registered early years provider", and
(b) in paragraph (c) for the words from "including" to the end of the paragraph substitute "including—
| (i) | in relation to England, any charges to be imposed in connection with the arrangements, and |
| (ii) | in relation to Wales, where the teacher's school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities." |
| (4) | For subsection (4) substitute— |
"(4) In this section—
"day nursery" means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children);
"registered early years provider" means a person registered under Part 3 of the Childcare Act 2006.".'.
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