Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
41

(2)
A person who is disqualified from registration by regulations under section 75
must not—
(a)
provide early years or later years provision to which this section
applies, or
(b)
be directly concerned in the management of early years or later years
5
provision to which this section applies.
(3)
No person may employ, in connection with the provision of early years or later
years provision to which this section applies, a person who is disqualified from
registration by regulations under section 75.
(4)
A person who contravenes subsection (2) or (3) commits an offence.
10
(5)
A person who contravenes subsection (2) is not guilty of an offence under
subsection (4) if—
(a)
he is disqualified from registration by virtue only of regulations under
section 75(4), and
(b)
he proves that he did not know, and had no reasonable grounds for
15
believing, that he was living—
(i)
in the same household as a person who was disqualified from
registration, or
(ii)
in a household in which such a person was employed.
(6)
A person who contravenes subsection (3) is not guilty of an offence under
20
subsection (4) if he proves that he did not know, and had no reasonable
grounds for believing, that the person whom he was employing was
disqualified from registration.
(7)
A person guilty of an offence under subsection (6) is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not
25
exceeding level 5 on the standard scale, or to both.
(8)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary
offences), the reference in subsection (7) to 51 weeks is to be read as a reference
to 6 months.
30
Rights of entry
77
Powers of entry
(1)
A person authorised for the purposes of this subsection by the Chief Inspector
may at any reasonable time enter any premises in England if he has reasonable
cause to believe that early years provision or later years provision is being
35
provided on the premises in breach of section 33(1), 34(1), 52(1) or 53(1).
(2)
A person authorised for the purposes of this subsection by the Chief Inspector
may at any reasonable time enter any premises in England on which early
years provision or later years provision in respect of which a person is
registered under this Part is being provided—
40
(a)
for the purpose of conducting an inspection under section 49 or 60, or
(b)
for the purpose of determining whether any conditions or
requirements imposed by or under this Part are being complied with.
(3)
Authorisation under subsection (1) or (2)—
(a)
may be given for a particular occasion or period;
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
42

(b)
may be given subject to conditions.
(4)
A person entering premises under this section may (subject to any conditions
imposed under subsection (3)(b))—
(a)
inspect the premises;
(b)
inspect, and take copies of—
5
(i)
any records kept by the person providing the childcare, and
(ii)
any other documents containing information relating to that
provision;
(c)
seize and remove any document or other material or thing found there
which he has reasonable grounds to believe may be evidence of a
10
failure to comply with any condition or requirement imposed by or
under this Part;
(d)
take measurements and photographs or make recordings;
(e)
inspect any children being cared for there, and the arrangements made
for their welfare;
15
(f)
interview in private the childcare provider;
(g)
interview in private any person caring for children, or living or
working, on the premises who consents to be interviewed.
(5)
A person entering premises under this section may (subject to any conditions
imposed under subsection (3)(b)) require any person to afford him such
20
facilities and assistance with respect to matters within the person’s control as
are necessary to enable him to exercise his powers under this section.
(6)
Section 58 of the Education Act 2005 (c. 18) (inspection of computer records for
the purposes of Part 1 of that Act) applies for the purposes of this section as it
applies for the purposes of Part 1 of that Act.
25
(7)
A person exercising any power conferred by this section must, if so required,
produce a duly authenticated document showing his authority to do so.
(8)
A person commits an offence if he intentionally obstructs a person exercising
any power under this section.
(9)
A person guilty of an offence under subsection (8) is liable on summary
30
conviction to a fine not exceeding level 4 on the standard scale.
(10)
In this section, “documents” and “records” each include information recorded
in any form.
78
Requirement for consent to entry
(1)
This section applies where a person (“the authorised person”) proposes to
35
enter domestic premises in pursuance of—
(a)
provision made by virtue of section 42(1) and (4) in a learning and
development order specifying assessment arrangements in relation to
early years provision, or
(b)
a power of entry conferred by section 77(2).
40
(2)
If the authorised person has reasonable cause to believe—
(a)
that the premises are not the home of the person providing the early
years or later years provision, or
(b)
that the premises are the home of a child for whom the early years or
later years provision is provided,
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
43


the authorised person may not enter the premises without the consent of an
adult who is an occupier of the premises.
(3)
Subsection (2) does not prevent the imposition under section 38, 58 or 66 of a
condition requiring a person registered under Chapter 2, 3 or 4 to secure that
the occupier of any premises on which the registered person provides early
5
years provision or later years provision gives any consent required by that
subsection.
(4)
In this section—
“a learning and development order” means an order under section
39(1)(a);
10
“occupier” does not include the person providing the early years or later
years provision.
Reports and information
79
Combined reports
(1)
This section applies if, following inspections under this Part of early years or
15
later years provision, the Chief Inspector—
(a)
is required to make more than one report under section 50(1) or
determines to make more than one report under section 61(1), or
(b)
is required to make one or more reports under section 50(1) and
determines to make one or more reports under section 61(1).
20
(2)
If the Chief Inspector considers it appropriate, he may—
(a)
combine any two or more of those reports in a single document (“a
combined report”), and
(b)
to such extent as he considers appropriate, combine the substantive
reports.
25
(3)
If the Chief Inspector combines reports under this section, the powers and
duties which apply in relation to each report by virtue of section 50(2) or 61(2)
are to be read as applying instead to the combined report.
80
Information to be included in annual reports
(1)
The annual reports of the Chief Inspector required by section 3(a) of the
30
Education Act 2005 (c. 18) to be made to the Secretary of State must include an
account of the exercise of the Chief Inspector’s functions under this Part in
relation to early years provision and later years provision.
(2)
The power conferred on the Chief Inspector by section 3(b) of that Act includes
a power to make reports with respect to matters which fall within the scope of
35
his functions by virtue of the provisions of this Part relating to early years
provision and later years provision.
81
Supply of information to Chief Inspector
The Chief Inspector may at any time require any person registered under this
Part to provide him with any information connected with the person’s
40
activities as an early years provider or later years provider which the Chief
Inspector considers it necessary to have for the purposes of his functions under
this Part.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
44

82
Supply of information to HMRC and local authorities
(1)
The Chief Inspector must provide prescribed information to Her Majesty’s
Revenue and Customs, and the relevant local authority, if he takes any of the
following steps under this Part—
(a)
grants a person’s application for registration;
5
(b)
gives notice of his intention to cancel a person’s registration;
(c)
cancels a person’s registration;
(d)
suspends a person’s registration;
(e)
removes a person from the register at that person’s request.
(2)
The Chief Inspector must also provide prescribed information to Her Majesty’s
10
Revenue and Customs, and the relevant local authority, if an order is made
under section 72(2).
(3)
The information which may be prescribed for the purposes of this section is—
(a)
in the case of information to be provided to Her Majesty’s Revenue and
Customs, information which Her Majesty’s Revenue and Customs may
15
require for the purposes of their functions in relation to tax credits;
(b)
in the case of information to be provided to the relevant local authority,
information which would assist the local authority in the discharge of
their functions under section 12.
(4)
In this section, “the relevant local authority” means the English local authority
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for the area in which the person provides (or, as the case may be, has provided)
the early years provision or later years provision in respect of which he is (or
was) registered.
83
Disclosure of information for certain purposes
(1)
The Chief Inspector may arrange for prescribed information held by him in
25
relation to persons registered under this Part to be made available for the
purpose of—
(a)
assisting parents or prospective parents in choosing an early years or
later years provider, or
(b)
protecting children from harm or neglect.
30
(2)
The information may be made available in such manner and to such persons as
the Chief Inspector considers appropriate.
(3)
Regulations may require the Chief Inspector to provide prescribed information
held by him in relation to persons registered under this Part to prescribed
persons for either of the purposes mentioned in subsection (1).
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Offences and criminal proceedings
84
Offence of making false or misleading statement
(1)
A person commits an offence if, in an application for registration under any of
Chapters 2 to 4, he knowingly makes a statement which is false or misleading
in a material particular.
40
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.