Childcare Bill

House of Commons

Session 2005 - 06
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Childcare Bill

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
20

3 or over at certain schools), they would be required to be registered
under this Chapter.
(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
programmes”), and
(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,
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(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
part of it, or
(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
section 39(1)(a).
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.
(2)
Those persons are—
(a)
an early years provider,

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
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(b)
the governing body or head teacher of a maintained school in England,
and
(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
section 39(1)(a).
43
Welfare requirements
(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
children concerned;
(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).
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
22

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
under this Part.
(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
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
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

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
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of early years providers, that to such extent as may be prescribed the learning
and development requirements—
(a)
do not apply, or
(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—
(a)
do not apply, or
(b)
apply with such modifications as may be specified in the
determination.
10
47
Independent schools
(1)
In section 157 of the Education Act 2002 (independent school standards) after
subsection (1) insert—
“(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
and
(b)
in relation to early years provision in England for pupils who
have attained the age of three, the Early Years Foundation
Stage.”
(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))
has effect.
Inspection
49
Inspections
35
(1)
This section applies to early years provision in respect of which the early years
provider is registered under this Chapter.
(2)
The Chief Inspector—
(a)
must at such intervals as may be prescribed inspect early years
provision to which this section applies,
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
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(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
its inspection, and
(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
class of premises.
(6)
Regulations may make provision requiring the registered person to notify
prescribed persons of the fact that early years provision is to be inspected
under this section.
(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.
50
Report of inspections
(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
years provision.
(2)
The Chief Inspector—
(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
registered person,
(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
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a copy of the report to prescribed persons;

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
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(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.
Interpretation
51
Interpretation of Chapter 2
In this Chapter—
“assessment arrangements” is to be read in accordance with section
10
41(2)(c);
“early learning goals” is to be read in accordance with section 41(2)(a);
“educational programmes” is to be read in accordance with section
41(2)(b);
“learning and development requirements” means requirements specified
15
by order under section 39(1)(a);
“welfare requirements” means requirements specified by regulations
under section 39(1)(b).
Chapter 3
Regulation of later years provision for children under 8
20
Requirements to register
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
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8
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(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
premises, or
(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
the premises.
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
school’s activities—
(i)
a maintained school,
(ii)
a school approved by the Secretary of State under section 342 of
20
the Education Act 1996 (c. 56) (approval of non-maintained
special schools), or
(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.
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(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;
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(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).
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(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.