|
| |
|
3 or over at certain schools), they would be required to be registered |
| |
| |
(2) | An early years provider to whom this section applies— |
| |
(a) | must secure that the early years provision meets the learning and |
| |
development requirements, and |
| 5 |
(b) | must comply with the welfare requirements. |
| |
41 | The learning and development requirements |
| |
(1) | The learning and development requirements must cover the areas of learning |
| |
and development specified in subsection (3). |
| |
(2) | The learning and development requirements may specify in relation to each of |
| 10 |
the areas of learning and development— |
| |
(a) | the knowledge, skills and understanding which young children of |
| |
different abilities and maturities are expected to have before the 1st |
| |
September next following the day on which they attain the age of five |
| |
(“early learning goals”); |
| 15 |
(b) | the matters, skills and processes which are required to be taught to |
| |
young children of different abilities and maturities (“educational |
| |
| |
(c) | the arrangements which are required for assessing children for the |
| |
purpose of ascertaining what they have achieved in relation to the early |
| 20 |
learning goals (“assessment arrangements”). |
| |
(3) | The areas of learning and development are as follows— |
| |
(a) | personal, social and emotional development, |
| |
(b) | communication, language and literacy, |
| |
(c) | problem solving, reasoning and numeracy, |
| 25 |
(d) | knowledge and understanding of the world, |
| |
(e) | physical development, and |
| |
(f) | creative development. |
| |
(4) | The Secretary of State may by order amend subsection (3). |
| |
(5) | A learning and development order may not require— |
| 30 |
(a) | the allocation of any particular period or periods of time to the teaching |
| |
of any educational programme or any matter, skill or process forming |
| |
| |
(b) | the making in the timetables of any early years provider of provision of |
| |
any particular kind for the periods to be allocated to such teaching. |
| 35 |
(6) | In this section “a learning and development order” means an order under |
| |
| |
42 | Further provisions about assessment arrangements |
| |
(1) | A learning and development order specifying assessment arrangements may |
| |
confer or impose on any of the persons mentioned in subsection (2) such |
| 40 |
functions as appear to the Secretary of State to be required. |
| |
| |
(a) | an early years provider, |
| |
|
| |
|
| |
|
(b) | the governing body or head teacher of a maintained school in England, |
| |
| |
(c) | an English local authority. |
| |
(3) | A learning and development order may specify such assessment arrangements |
| |
as may for the time being be made by a person specified in the order. |
| 5 |
(4) | Provision must be made for determining the extent to which any assessment |
| |
arrangements, and the implementation of the arrangements, achieve the |
| |
purpose for which the arrangements were made; and any such provision may |
| |
be made by or under the learning and development order specifying the |
| |
arrangements or (where the order specifies the person making the |
| 10 |
arrangements) in the arrangements themselves. |
| |
(5) | The duties that may be imposed by virtue of subsection (1) include, in relation |
| |
to persons exercising any power in pursuance of provision made by virtue of |
| |
subsection (4), the duty to permit them— |
| |
(a) | to enter premises on which the early years provision is provided, |
| 15 |
(b) | to observe implementation of the arrangements, and |
| |
(c) | to inspect, and take copies of, documents and other articles. |
| |
(6) | A learning and development order specifying assessment arrangements may |
| |
authorise the making of such provisions giving full effect to or otherwise |
| |
supplementing the provisions made by the order (other than provision |
| 20 |
conferring or imposing functions as mentioned in subsection (1)) as appear to |
| |
the Secretary of State to be expedient; and any provisions made under such an |
| |
order, on being published as specified in the order, are to have effect for the |
| |
purposes of this Chapter as if made by the order. |
| |
(7) | In this section “a learning and development order” means an order under |
| 25 |
| |
| |
(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 |
| 30 |
| |
(c) | qualifications and training; |
| |
(d) | the suitability of premises and equipment; |
| |
(e) | the manner in which the early years provision is organised; |
| |
(f) | procedures for dealing with complaints; |
| 35 |
(g) | the keeping of records; |
| |
(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— |
| 40 |
(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. |
| |
(4) | In this section “welfare regulations” means regulations under section 39(1)(b). |
| 45 |
|
| |
|
| |
|
44 | Instruments specifying learning and development or welfare requirements |
| |
(1) | A relevant instrument may, instead of containing the provisions to be made, |
| |
refer to provisions in a document published as specified in the instrument and |
| |
direct that those provisions are to have effect or, as the case may be, are to have |
| |
effect as specified in the instrument. |
| 5 |
(2) | The power to make a relevant instrument may be exercised so as to confer |
| |
powers or impose duties on the Chief Inspector in the exercise of his functions |
| |
| |
(3) | In particular, that power may be exercised so as to require or authorise the |
| |
Chief Inspector, in exercising those functions, to have regard to factors, |
| 10 |
standards and other matters prescribed by or referred to in the instrument. |
| |
(4) | If a relevant instrument requires any person (other than the Chief Inspector) to |
| |
have regard to or meet factors, standards and other matters prescribed by or |
| |
referred to in the instrument, the instrument may also provide for any |
| |
allegation that the person has failed to do so to be taken into account— |
| 15 |
(a) | by the Chief Inspector in the exercise of his functions under this Part, or |
| |
(b) | in any proceedings under this Part. |
| |
(5) | In this section “a relevant instrument” means an order under subsection (1)(a) |
| |
of section 39 or regulations under subsection (1)(b) of that section. |
| |
45 | Procedure for making certain orders |
| 20 |
(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 |
| |
| |
(2) | The Secretary of State must give notice of the proposal— |
| |
(a) | to such bodies representing the interests of early years providers as the |
| 25 |
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. |
| 30 |
(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 |
| 35 |
(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 |
| 40 |
order, with or without modifications. |
| |
46 | Power to enable exemptions to be conferred |
| |
(1) | Regulations may enable the Secretary of State, in prescribed circumstances, to |
| |
direct in respect of a particular early years provider or a particular description |
| |
|
| |
|
| |
|
of early years providers, that to such extent as may be prescribed the learning |
| |
and development requirements— |
| |
| |
(b) | apply with such modifications as may be specified in the direction. |
| |
(2) | Regulations may enable an early years provider, in prescribed circumstances, |
| 5 |
to determine in respect of a particular young child that to such extent as may |
| |
be prescribed the learning and development requirements— |
| |
| |
(b) | apply with such modifications as may be specified in the |
| |
| 10 |
| |
(1) | In section 157 of the Education Act 2002 (independent school standards) after |
| |
| |
“(1A) | In relation to England, the standards do not apply to early years |
| |
provision for pupils who have not attained the age of three (separate |
| 15 |
requirements as to such provision being imposed by or under Part 3 of |
| |
the Childcare Act 2006).” |
| |
(2) | For subsection (2) substitute— |
| |
“(2) | In this Chapter “independent school standards” means— |
| |
(a) | the standards for the time being prescribed under this section, |
| 20 |
| |
(b) | in relation to early years provision in England for pupils who |
| |
have attained the age of three, the Early Years Foundation |
| |
| |
(3) | In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the |
| 25 |
definition of “Chief Inspector” insert— |
| |
“ “early years provision”, in relation to England, has the meaning |
| |
given by section 95(2) of the Childcare Act 2006;”. |
| |
48 | Amendments relating to curriculum |
| |
Schedule 1 (which contains amendments relating to the preceding provisions |
| 30 |
of this Chapter, including amendments excluding or modifying the application |
| |
to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32)) |
| |
| |
| |
| 35 |
(1) | This section applies to early years provision in respect of which the early years |
| |
provider is registered under this Chapter. |
| |
| |
(a) | must at such intervals as may be prescribed inspect early years |
| |
provision to which this section applies, |
| 40 |
|
| |
|
| |
|
(b) | must inspect early years provision to which this section applies at any |
| |
time when the Secretary of State requires the Chief Inspector to secure |
| |
| |
(c) | may inspect early years provision to which this section applies at any |
| |
other time when the Chief Inspector considers that it would be |
| 5 |
appropriate for it to be inspected. |
| |
(3) | Regulations may provide that in prescribed circumstances the Chief Inspector |
| |
is not required to inspect early years provision at an interval prescribed for the |
| |
purposes of subsection (2)(a). |
| |
(4) | Regulations may provide that the Chief Inspector is not required by subsection |
| 10 |
(2)(a) to inspect early years provision at an independent school if the early |
| |
years provision is inspected in prescribed circumstances by a body approved |
| |
by the Secretary of State for the purposes of this subsection. |
| |
(5) | A requirement made by the Secretary of State as mentioned in subsection (2)(b) |
| |
may be imposed in relation to early years provision at particular premises or a |
| 15 |
| |
(6) | Regulations may make provision requiring the registered person to notify |
| |
prescribed persons of the fact that early years provision is to be inspected |
| |
| |
(7) | If the Chief Inspector so elects in the case of an inspection falling within |
| 20 |
paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were |
| |
an inspection falling within paragraph (a) of that subsection. |
| |
| |
(1) | After conducting an inspection under section 49, the Chief Inspector must |
| |
make a report in writing on— |
| 25 |
(a) | the contribution of the early years provision to the well-being of the |
| |
children for whom it is provided, |
| |
(b) | the quality and standards of the early years provision, |
| |
(c) | how far the early years provision meets the needs of the range of |
| |
children for whom it is provided, and |
| 30 |
(d) | the quality of leadership and management in connection with the early |
| |
| |
| |
(a) | may send a copy of the report to the Secretary of State and must do so |
| |
without delay if the Secretary of State requests a copy, |
| 35 |
(b) | must ensure that a copy of the report is sent without delay to the |
| |
| |
(c) | must ensure that copies of the report, or such parts of it as he considers |
| |
appropriate, are sent to such other persons as may be prescribed, and |
| |
(d) | may arrange for the report (or parts of it) to be further published in any |
| 40 |
manner he considers appropriate. |
| |
(3) | Regulations may make provision— |
| |
(a) | requiring the registered person to make a copy of any report sent to him |
| |
under subsection (2)(b) available for inspection by prescribed persons; |
| |
(b) | requiring the registered person, except in prescribed cases, to provide |
| 45 |
a copy of the report to prescribed persons; |
| |
|
| |
|
| |
|
(c) | authorising the registered person in prescribed cases to charge a fee for |
| |
providing a copy of the report. |
| |
(4) | Subsections (2) to (4) of section 11 of the Education Act 2005 (c. 18) (publication |
| |
of inspection reports) apply in relation to the publication of a report under |
| |
subsection (2) of this section as they apply in relation to the publication of a |
| 5 |
report under any of the provisions mentioned in subsection (2) of section 11. |
| |
| |
51 | Interpretation of Chapter 2 |
| |
| |
“assessment arrangements” is to be read in accordance with section |
| 10 |
| |
“early learning goals” is to be read in accordance with section 41(2)(a); |
| |
“educational programmes” is to be read in accordance with section |
| |
| |
“learning and development requirements” means requirements specified |
| 15 |
by order under section 39(1)(a); |
| |
“welfare requirements” means requirements specified by regulations |
| |
| |
| |
Regulation of later years provision for children under 8 |
| 20 |
| |
52 | Requirement to register: later years childminders for children under eight |
| |
(1) | A person may not provide later years childminding in England for a child who |
| |
has not attained the age of eight unless he is registered in Part A of the general |
| |
childcare register as a childminder. |
| 25 |
(2) | The Secretary of State may by order provide that, in circumstances specified in |
| |
the order, subsection (1) does not apply in relation to later years childminding. |
| |
(3) | The circumstances specified in an order under subsection (2) may relate to one |
| |
or more of the following matters (among others)— |
| |
(a) | the person providing the later years childminding; |
| 30 |
(b) | the child or children for whom it is provided; |
| |
(c) | the nature of the later years childminding; |
| |
(d) | the premises on which it is provided; |
| |
(e) | the times during which it is provided; |
| |
(f) | the arrangements under which it is provided. |
| 35 |
(4) | If it appears to the Chief Inspector that a person has provided later years |
| |
childminding in contravention of subsection (1), the Chief Inspector may serve |
| |
a notice (“an enforcement notice”) on the person. |
| |
(5) | An enforcement notice may be served on a person— |
| |
(a) | by delivering it to him, or |
| 40 |
|
| |
|
| |
|
(b) | by sending it by post. |
| |
(6) | An enforcement notice has effect until it is revoked by the Chief Inspector. |
| |
(7) | A person commits an offence if, at any time when an enforcement notice has |
| |
effect in relation to him and without reasonable excuse, he provides later years |
| |
childminding in contravention of subsection (1). |
| 5 |
(8) | A person guilty of an offence under subsection (7) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
53 | Requirement to register: other later years providers for children under eight |
| |
(1) | A person may not provide for a child who has not attained the age of eight— |
| |
(a) | later years provision on premises in England which are not domestic |
| 10 |
| |
(b) | later years provision on domestic premises in England which would be |
| |
later years childminding but for section 95(9), |
| |
| unless he is registered in Part A of the general childcare register in respect of |
| |
| 15 |
(2) | Subsection (1) does not apply in relation to later years provision for a child if— |
| |
(a) | the provision is made at any of the following schools as part of the |
| |
| |
| |
(ii) | a school approved by the Secretary of State under section 342 of |
| 20 |
the Education Act 1996 (c. 56) (approval of non-maintained |
| |
| |
(iii) | an independent school, |
| |
(b) | the provision is made by the proprietor of the school or a person |
| |
employed to work at the school, and |
| 25 |
(c) | the child is a registered pupil at the school or, if the provision is made |
| |
for more than one child who has not attained the age of eight, at least |
| |
one of the children is a registered pupil at the school. |
| |
(3) | The Secretary of State may by order provide that, in circumstances specified in |
| |
the order, subsection (1) does not apply in relation to later years provision. |
| 30 |
(4) | The circumstances specified in an order under subsection (3) may relate to one |
| |
or more of the following matters (among others)— |
| |
(a) | the person providing the later years provision; |
| |
(b) | the child or children for whom it is provided; |
| |
(c) | the nature of the later years provision; |
| 35 |
(d) | the premises on which it is provided; |
| |
(e) | the times during which it is provided; |
| |
(f) | the arrangements under which it is provided. |
| |
(5) | A person commits an offence if, without reasonable excuse, he provides later |
| |
years provision in contravention of subsection (1). |
| 40 |
(6) | A person guilty of an offence under subsection (5) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
|
| |
|