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[AS AMENDED IN STANDING COMMITTEE D] |
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Make provision about the powers and duties of local authorities and other |
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bodies in England in relation to the improvement of the well-being of young |
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children; to make provision about the powers and duties of local authorities in |
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England and Wales in relation to the provision of childcare and the provision |
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of information to parents and other persons; to make provision about the |
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regulation and inspection of childcare provision in England; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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General functions of local authority: England |
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Improvement of young children’s well-being |
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1 | General duties of local authority in relation to well-being of young children |
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(1) | An English local authority must— |
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(a) | improve the well-being of young children in their area, and |
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(b) | reduce inequalities between young children in their area in relation to |
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the matters mentioned in subsection (2). |
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(2) | In this Act “well-being”, in relation to children, means their well-being so far |
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(a) | physical and mental health and emotional well-being; |
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(b) | protection from harm and neglect; |
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(c) | education, training and recreation; |
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(d) | the contribution made by them to society; |
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(e) | social and economic well-being. |
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(3) | The Secretary of State may, in accordance with regulations, set targets for— |
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(a) | the improvement of the well-being of young children in the area of an |
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(b) | the reduction of inequalities between young children in the area of an |
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English local authority in relation to the matters mentioned in |
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(4) | In exercising their functions, an English local authority must act in the manner |
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that is best calculated to secure that any targets set under subsection (3) (so far |
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as relating to the area of the local authority) are met. |
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(5) | In performing their duties under this section, an English local authority must |
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have regard to any guidance given from time to time by the Secretary of State. |
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2 | Meaning of “early childhood services” for purposes of section 3 |
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(1) | In section 3 “early childhood services”, in relation to an English local authority, |
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(a) | early years provision; |
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(b) | the social services functions of the local authority, so far as relating to |
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young children, parents or prospective parents; |
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(c) | health services relating to young children, parents or prospective |
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(d) | the provision, under arrangements made under section 2 of the |
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Employment and Training Act 1973 (c. 50), of assistance to parents or |
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(e) | the service provided by the local authority under section 12 (duty to |
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provide information and assistance) so far as relating to parents or |
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“parent” means a parent of a young child, and includes any individual |
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(a) | has parental responsibility for a young child, or |
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(b) | has care of a young child; |
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“prospective parent” means a pregnant woman or any other person who |
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is likely to become, or is planning to become, a parent; |
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“social services functions”, in relation to a local authority, has the same |
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meaning as in the Local Authority Social Services Act 1970 (c. 42). |
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3 | Specific duties of local authority in relation to early childhood services |
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(1) | For the purpose of their general duty under section 1(1), an English local |
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authority have the further duties imposed by subsections (2) and (3). |
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(2) | The authority must make arrangements to secure that early childhood services |
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in their area are provided in an integrated manner which is calculated to— |
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(a) | facilitate access to those services, and |
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(b) | maximise the benefit of those services to parents, prospective parents |
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(3) | The authority must take steps— |
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(a) | to identify parents or prospective parents in the authority’s area who |
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would otherwise be unlikely to take advantage of early childhood |
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services that may be of benefit to them and their young children, and |
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(b) | to encourage those parents or prospective parents to take advantage of |
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(4) | An English local authority must take all reasonable steps to encourage and |
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facilitate the involvement in the making and implementation of arrangements |
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(a) | parents and prospective parents in their area, |
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(b) | early years providers in their area, including those in the private and |
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(c) | other persons engaged in activities which may improve the well-being |
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of young children in their area. |
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(5) | In discharging their duties under this section, an English local authority must |
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have regard to any guidance given from time to time by the Secretary of State. |
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“early years provider” has the same meaning as in Part 3; |
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“parent” and “prospective parent” have the same meaning as in section 2. |
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4 | Duty of local authority and relevant partners to work together |
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(1) | For the purposes of this section each of the following is a relevant partner of an |
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(a) | a Strategic Health Authority or Primary Care Trust for an area any part |
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of which falls within the area of the local authority; |
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(b) | the Secretary of State, in relation to his functions under section 2 of the |
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Employment and Training Act 1973 (c. 50). |
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(2) | An English local authority must make arrangements to work with each of the |
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authority’s relevant partners in the performance by the authority of their |
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duties under sections 1 and 3. |
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(3) | Each of the relevant partners of an English local authority must work with the |
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authority and with the other relevant partners in the making of the |
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(4) | An English local authority and each of their relevant partners may for the |
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purposes of arrangements under this section— |
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(a) | provide staff, goods, services, accommodation or other resources; |
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(b) | establish and maintain a pooled fund. |
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(5) | For the purposes of subsection (4) a pooled fund is a fund— |
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(a) | which is made up of contributions by the authority and the relevant |
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partner or partners concerned, and |
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(b) | out of which payments may be made towards expenditure incurred in |
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the discharge of functions of the authority and functions of the relevant |
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(6) | An English local authority and each of their relevant partners falling within |
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subsection (1)(a) must, in exercising their functions under this section, have |
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regard to any guidance given from time to time by the Secretary of State. |
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5 | Power to amend sections 2 and 4 |
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The Secretary of State may by order— |
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(a) | amend the definition of “early childhood services” in section 2(1), and |
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(b) | in connection with any amendment of that definition, make such other |
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amendments of section 2 or 4 as appear to him to be necessary or |
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6 | Duty to secure sufficient childcare for working parents |
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(1) | An English local authority must secure, so far as is reasonably practicable, that |
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the provision of childcare (whether or not by them) is sufficient to meet the |
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requirements of parents in their area who require childcare in order to enable |
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(a) | to take up, or remain in, work, or |
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(b) | to undertake education or training which could reasonably be expected |
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to assist them to obtain work. |
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(2) | In determining for the purposes of subsection (1) whether the provision of |
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childcare is sufficient to meet those requirements, a local authority— |
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(a) | must have regard to the needs of parents in their area for— |
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(i) | the provision of childcare in respect of which the child care |
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element of working tax credit is payable, and |
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(ii) | the provision of childcare which is suitable for disabled |
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(b) | may have regard to any childcare which they expect to be available |
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(3) | In discharging their duty under subsection (1), a local authority must have |
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regard to any guidance given from time to time by the Secretary of State. |
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(4) | The Secretary of State may by order amend subsection (2) (and subsection (6) |
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so far as relating to that subsection) so as to modify the matters to which a local |
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authority must or may have regard in determining whether the provision of |
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(5) | This section does not apply in relation to childcare— |
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(a) | for a child other than a disabled child, on or after the 1st September next |
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following the date on which he attains the age of 14; |
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(b) | for a disabled child, on or after the 1st September next following the |
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date on which he attains the age of 16. |
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“child care element”, in relation to working tax credit, is to be read in |
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accordance with section 12 of the Tax Credits Act 2002 (c. 21); |
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“disabled child” means a child who has a disability for the purposes of the |
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Disability Discrimination Act 1995 (c. 50); |
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“parent” includes any individual who— |
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(a) | has parental responsibility for a child, or |
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