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S.C.D. Standing Committee Proceedings: 20th December 2005        

152

 

Childcare Bill, continued

 
 

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

 

Agreed to  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——

 

(i)    

relates to A,

 

(ii)    

is held by B, and

 

(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


 
 

S.C.D. Standing Committee Proceedings: 20th December 2005        

153

 

Childcare Bill, continued

 
 

children

 

Tim Loughton

 

Mr Nick Gibb

 

Andrew Selous

 

Miss Julie Kirkbride

 

Justine Greening

 

Annette Brooke

 

Mr Roger Williams

 

Withdrawn  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

 

Justine Greening

 

Annette Brooke

 

Mr Roger Williams

 

Not selected  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.


 
 

S.C.D. Standing Committee Proceedings: 20th December 2005        

154

 

Childcare Bill, continued

 
 

(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

 

Justine Greening

 

Annette Brooke

 

Mr Roger Williams

 

Not called  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

 

Not called  NC10

 

To move the following Clause:—


 
 

S.C.D. Standing Committee Proceedings: 20th December 2005        

155

 

Childcare Bill, continued

 
 

‘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.’.

 


 

Requirement for providers of children to provide information

 

Annette Brooke

 

Mr Roger Williams

 

Withdrawn  NC11

 

To move the following Clause:—

 

‘Any person providing early years childcare shall inform the parents of children

 

in his care of the conditions under which such childcare is provided.’.

 


 

Requirement to complete accredited course in childminding practice

 

Annette Brooke

 

Mr Roger Williams

 

Not called  NC17

 

To move the following Clause:—

 

‘A person applying to register as an early years or later years childminder shall be

 

required to complete an accredited course in childminding practice before

 

registration.’.

 

Clause 96 Agreed to.

 


 

Beverley Hughes

 

Agreed to  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

 

Agreed to  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—


 
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