Amendments proposed to the Childcare Bill - continued	House of Commons
back to previous text

Arrangements for childcare providers to safeguard and promote welfare of older children

   

Tim Loughton
Mr Nick Gibb
Andrew Selous
Miss Julie Kirkbride
Justine Greening
Annette Brooke

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.'.

---

Repayment of financial assistance: right of appeal

   

Annette Williams
Mr Roger Williams

NC12

To move the following Clause:—

    '(1)   A person required to repay the whole or part of any financial assistance provided by a local authority under section 24 may appeal against the decision.

    (2)   An appeal made under section (1) shall be heard by a special tribunal appointed by the Assembly for that purpose.'.

---

   

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—

'Water Industry Act 1991 (c.56)

       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".

(3)	In subsection (3)—

(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.".'.

   

Beverley Hughes

159

Schedule     2,     page     58,     line     29,     at end insert—

'19B

(1)

Section 535 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 and Wales or to a registered early years provider in England".

(3)	In subsection (3)—

(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.".'.

   

Beverley Hughes

160

Schedule     2,     page     58,     line     37,     leave out from 'provided' to end of line 43 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

161

Schedule     2,     page     59,     line     6,     at end insert—

'Police Act 1997 (c.50)

21A

In section 113F of the Police Act 1997 (criminal record certificates: supplementary), in subsection (1)—

(a)   before paragraph (a) insert—

"(za)

for the purposes of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England) and regulations made under it, the applicant's suitability to look after or be in regular contact with children;",

(b)   in paragraph (a), omit the words "England and", and

(c)   in paragraph (c) omit the words "section 71 of the Children Act 1989 or".'.

   

Beverley Hughes

162

Schedule     2,     page     59,     line     9,     after 'education)', insert '—

    (a)   '.

   

Beverley Hughes

163

Schedule     2,     page     59,     line     10,     at end insert ', and

(b)   in subsection (2)(b) for "the Secretary of State" substitute "the National Assembly for Wales".'.

   

Beverley Hughes

164

Schedule     2,     page     59,     line     31,     leave out from 'provided' to end of line 37 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

165

Schedule     2,     page     60,     line     3,     at end insert—

'26A

In section 142 of the School Standards and Framework Act 1998 (general interpretation) for subsection (5) substitute—

    "(5)   For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—

(a)	in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and

(b)	in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.". '.

   

Beverley Hughes

166

Schedule     2,     page     60,     line     39,     at end insert—

'Protection of Children Act 1999 (c.14)

27A

In section 2A of the Protection of Children Act 1999 (power of certain authorities to refer individuals for inclusion in list of persons considered unsuitable to work with children), in subsection (1)(a) for "or Part XA of the Children Act 1989" substitute ", Part 10A of the Children Act 1989 or Part 3 of the Childcare Act 2006".

In section 9 of the Protection of Children Act 1999 (the Tribunal), in subsection (2)—

(a)   omit the "or" at the end of paragraph (e), and

(b)   at the end of paragraph (f) insert "or—

(g)	on an appeal under, or by virtue of, Part 3 of the Childcare Act 2006.".'.

   

Beverley Hughes

167

Schedule     2,     page     60,     line     39,     at end insert—

'Criminal Justice and Court Services Act 2000 (c.43)

27B

In section 36 of the Criminal Justice and Court Services Act 2000 (meaning of "regulated position") in subsection (13) for paragraph (c) substitute—

"(c)	in relation to England—

(i)	a person registered under Part 3 of the Childcare Act 2006, otherwise than as a childminder, for providing care on premises on which the child is cared for,

(ii)	a person registered under Part 3 of that Act as a childminder who is providing early years or later years childminding (within the meaning of that Part of that Act) for the child,

(ca)	in relation to Wales, a person registered under Part 10A of the Children Act 1989 for providing day care on premises on which the child is cared for, and".

In section 42 of the Criminal Justice and Court Services Act 2000 (interpretation of Part 2) in subsection (1) for the definition of "day care premises" substitute—

       " "day care premises" means—

(a)	in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006,

(b)	in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,".'.

Prepared 13 Dec 2005