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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

21

 

(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).

45

 
 

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

23

 

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,

40

 
 

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

24

 

(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

45

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

25

 

(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

40

 
 

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 3 — Regulation of later years provision for children under 8

26

 

(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.

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.

 
 

 
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