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
45

85
Time limit for proceedings
(1)
Proceedings for an offence under this Part or regulations made under it may be
brought within a period of six months from the date on which evidence
sufficient in the opinion of the prosecutor to warrant the proceedings comes to
his knowledge.
5
(2)
No such proceedings may be brought by virtue of subsection (1) more than
three years after the commission of the offence.
86
Offences by bodies corporate
(1)
This section applies where any offence under this Part is committed by a body
corporate.
10
(2)
If the offence is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, any director, manager or
other similar officer of the body corporate, or any person who was purporting
to act in any such capacity, he (as well as the body corporate) is guilty of the
offence and liable to be proceeded against and punished accordingly.
15
87
Unincorporated associations
(1)
Proceedings for an offence under this Part which is alleged to have been
committed by an unincorporated association must be brought in the name of
the association (and not in the name of any of its members).
(2)
For the purpose of any such proceedings, rules of court relating to the service
20
of documents are to have effect as if the association were a body corporate.
(3)
In proceedings for an offence under this Part brought against an
unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86)
and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as
they do in relation to a body corporate.
25
(4)
A fine imposed on an unincorporated association on its conviction of an
offence under this Part is to be paid out of the funds of the association.
(5)
If an offence under this Part by an unincorporated association is shown—
(a)
to have been committed with the consent or connivance of an officer of
the association or a member of its governing body, or
30
(b)
to be attributable to any neglect on the part of such an officer or
member,

the officer or member as well as the association is guilty of the offence and
liable to be proceeded against and punished accordingly.
Miscellaneous
35
88
Fees
(1)
Regulations may require persons registered under any of Chapters 2 to 4 to pay
to the Chief Inspector at or by prescribed times fees of the prescribed amounts
in respect of the discharge by the Chief Inspector of his functions under this
Part.
40
(2)
Regulations under subsection (1) may prescribe circumstances in which—

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
46

(a)
the amount of a fee payable under the regulations may be varied in
accordance with the regulations;
(b)
a fee payable under the regulations may be waived.
89
Cases where consent to disclosure withheld
(1)
This section applies where the Chief Inspector—
5
(a)
is determining, for the purpose of deciding whether to grant an
application for registration under Chapter 2, 3 or 4, whether the
prescribed requirements for registration are satisfied and are likely to
be continued to be satisfied, or
(b)
is determining, for the purpose of deciding whether to cancel the
10
registration of any person under section 68(2)(a), whether the
prescribed requirements for registration have ceased, or will cease, to
be satisfied.
(2)
The Chief Inspector may, if regulations so provide and he thinks it appropriate
to do so, treat the prescribed requirements for registration as not being satisfied
15
or (as the case may be) as having ceased to be satisfied if for the purpose of his
determination—
(a)
the Chief Inspector has requested a person (“A”) to consent to the
disclosure by another person (“B”) to the Chief Inspector of information
which—
20
(i)
relates to A,
(ii)
is held by B, and
(iii)
is of a prescribed description, and
(b)
A does not give his consent or withdraws his consent after giving it.
90
Co-operation between authorities
25
(1)
If it appears to the Chief Inspector that any English local authority could, by
taking any specified action, help in the exercise of any of his functions under
this Part, he may request the help of the authority, specifying the action in
question.
(2)
An authority whose help is requested must comply with the request if it is
30
compatible with their own statutory and other duties and does not unduly
prejudice the discharge of any of their functions.
91
Combined certificates of registration
(1)
This section applies if the Chief Inspector is required by virtue of this Part to
issue more than one certificate of registration to a person.
35
(2)
If the Chief Inspector considers it appropriate, he may combine any two or
more of those certificates in a single certificate (a combined certificate).
(3)
A combined certificate of registration must contain prescribed information
about prescribed matters.
(4)
If there is a change of circumstances which requires the amendment of a
40
combined certificate of registration, the Chief Inspector must give the
registered person an amended combined certificate.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
47

(5)
If the Chief Inspector is satisfied that a combined certificate of registration has
been lost or destroyed, the Chief Inspector must give the registered person a
copy, on payment by that person of any prescribed fee.
92
Notices
(1)
This section applies in relation to notices required or authorised to be given to
5
any person by any of the following—
(a)
section 57(1) and (2);
(b)
section 65(1) and (2);
(c)
section 70(1);
(d)
section 73(2), (4), (5), (7) and (9).
10
(2)
The notice may be given to the person in question—
(a)
by delivering it to him,
(b)
by sending it by post, or
(c)
subject to subsection (3), by transmitting it electronically.
(3)
If the notice is transmitted electronically, it is to be treated as given only if the
15
requirements of subsection (4) or (5) are met.
(4)
If the person required or authorised to give the notice is the Chief Inspector—
(a)
the person to whom the notice is required or authorised to be given
must have indicated to the Chief Inspector his willingness to receive
notices transmitted by electronic means and provided an address
20
suitable for that purpose, and
(b)
the notice must be sent to the address provided by him.
(5)
If the person required or authorised to give the notice is not the Chief Inspector,
the notice must be transmitted in such manner as the Chief Inspector may
require.
25
(6)
An indication given for the purposes of subsection (4) may be given generally
for the purposes of notices required or authorised to be given by the Chief
Inspector under this Part or may be limited to notices of a particular
description.
(7)
A requirement imposed by the Chief Inspector under subsection (5) must be
30
published in such manner as the Chief Inspector thinks appropriate for the
purpose of bringing it to the attention of persons who are likely to be affected
by it.
(8)
In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section
73, notification authorised to be given to the Chief Inspector under subsection
35
(4) or (9) of that section may be given orally to a person authorised by the Chief
Inspector to receive such notification (as well as by any of the methods
mentioned in subsection (2)).
93
Power to amend Part 3: applications in respect of multiple premises
The Secretary of State may by order—
40
(a)
amend this Part so as to enable an application for registration under
section 36(1), 55(1) or 63(1) to be made in respect of more than one set
of premises, and

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Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(b)
make such further amendments of this Part as appear to him to be
necessary or expedient in consequence of the amendments made by
virtue of paragraph (a).
94
Certain institutions not to be regarded as schools
(1)
Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as
5
follows.
(2)
In subsection (1) after “In this Act” insert “(subject to subsection (1A))”.
(3)
After subsection (1) insert—
“(1A)
An institution which—
(a)
provides only early years provision (as defined by section 95(2)
10
of the Childcare Act 2006), and
(b)
is not a maintained nursery school,

is not a school.”
Interpretation
95
Meaning of early years and later years provision etc.
15
(1)
This section applies for the purposes of this Part.
(2)
“Early years provision” means the provision of childcare for a young child.
(3)
“Early years provider” means a person who provides early years provision.
(4)
Subject to subsection (5), “early years childminding” means early years
provision on domestic premises for reward (and “early years childminder” is
20
to be read accordingly).
(5)
Early years provision on domestic premises for reward is not early years
childminding if at any time the number of persons providing the early years
provision on the premises or assisting with the provision exceeds three.
(6)
“Later years provision”, in relation to a child, means the provision of childcare
25
at any time during the period—
(a)
beginning with the 1st September next following the date on which he
attains the age of five, and
(b)
ending with such day as may be prescribed.
(7)
“Later years provider” means a person who provides later years provision.
30
(8)
Subject to subsection (9), “later years childminding” means later years
provision on domestic premises for reward (and “later years childminder” is to
be read accordingly).
(9)
Later years provision on domestic premises for reward is not later years
childminding if at any time the number of persons providing the later years
35
provision on the premises or assisting with the provision exceeds three.
96
Employees not to be regarded as providing childcare
(1)
This section applies for the purposes of this Part.

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Part 4 — General
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(2)
Where an individual (“the employee”) is employed to care for a child by a
person who provides early years provision or later years provision for the
child, the employee is not to be regarded as providing early years provision or
(as the case may be) later years provision by virtue of anything done by him in
the course of that employment.
5
97
Interpretation of Part 3
(1)
In this Part—
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in
England;
“childcare” has the meaning given by section 18;
10
“domestic premises” means premises which are used wholly or mainly as
a private dwelling;
“early years provision” has the meaning given by section 95(2);
“early years provider” has the meaning given by section 95(3);
“early years childminding” and “early years childminder” have the
15
meanings given by section 95(4);
“later years provision” has the meaning given by section 95(6);
“later years provider” has the meaning given by section 95(7);
“later years childminding” and “later years childminder” have the
meanings given by section 95(8);
20
“premises” includes any area and any vehicle;
“prescribed” means prescribed by regulations;
“proprietor”, in relation to a school, has the same meaning as in the
Education Act 1996 (c. 56);
“regulations” means regulations made by the Secretary of State;
25
“the Tribunal” has the meaning given by section 69(11);
“young child” has the meaning given by section 19.
(2)
For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to
service by post), a notice or order which may by virtue of any provision of this
Part be sent by post to an applicant for registration or to a registered person is
30
to be treated as properly addressed if it is addressed to him at the address
notified by him to the Chief Inspector as the address to which correspondence
to him should be sent.
Part 4
General
35
98
Minor and consequential amendments and repeals
(1)
Schedule 2 (which contains minor and consequential amendments) has effect.
(2)
The enactments specified in Schedule 3 are repealed to the extent specified.
99
Subordinate legislation: general provisions
(1)
Any power of the Secretary of State or the Assembly to make an order or
40
regulations under this Act is exercisable by statutory instrument.

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(2)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act includes power—
(a)
to make different provision for different cases or areas;
(b)
to make provision generally or in relation to specific cases;
(c)
to make such incidental, supplementary, saving or transitional
5
provision as the Secretary of State or the Assembly thinks fit.
100
Subordinate legislation: parliamentary control
(1)
A statutory instrument containing an order or regulations made by the
Secretary of State under this Act is subject to annulment in pursuance of a
resolution of either House of Parliament.
10
(2)
Subsection (1) does not apply to—
(a)
an order under section 104(2) (commencement), or
(b)
an order to which subsection (3) applies.
(3)
A statutory instrument which contains (whether alone or with other
provisions) —
15
(a)
an order under section 5,
(b)
an order under section 41(4), or
(c)
an order under section 93,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
20
101
General interpretation etc.
In this Act—
“the Assembly” means the National Assembly for Wales;
“child” means a person under the age of 18;
“English local authority” means—
25
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
30
(e)
the Common Council of the City of London (in their capacity as
a local authority);
“independent school” has the same meaning as in the Education Act 1996
(c. 56);
“maintained school” means a community, foundation or voluntary
35
school, a community or foundation special school or a maintained
nursery school;
“maintained nursery school” has the same meaning as in the School
Standards and Framework Act 1998 (c. 31);
“parental responsibility” has the same meaning as in the Children Act
40
1989 (c. 41);
“registered pupil” has the same meaning as in the Education Act 1996;
“school” has the same meaning as in the Education Act 1996;
“Welsh local authority” means a county council or county borough
council in Wales;
45

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“well-being”, in relation to children, has the meaning given by section
1(2).
102
Financial provisions
There shall be paid out of money provided by Parliament—
(a)
any expenses incurred by a Minister of the Crown or government
5
department under or by virtue of this Act, and
(b)
any increase attributable to this Act in the sums which under any other
Act are payable out of money so provided.
103
Isles of Scilly
Parts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect
10
subject to such exceptions, adaptations and modifications as the Secretary of
State may by order prescribe.
104
Commencement
(1)
This section, sections 99 to 103 and sections 105 and 106 come into force on the
day on which this Act is passed.
15
(2)
The other provisions of this Act come into force in accordance with provision
made by order by the appropriate authority (as determined under section 105).
105
The appropriate authority by whom commencement order is made
(1)
This section has effect for determining who is the appropriate authority for the
purposes of section 104(2).
20
(2)
In relation to Parts 1 and 3 (including Schedule 1), the appropriate authority is
the Secretary of State.
(3)
In relation to Part 2, the appropriate authority is the Assembly.
(4)
In relation to section 98(1) and Schedule 2, the appropriate authority is—
(a)
for paragraphs 15(5)(b) and (c), 17 to 21, 24 and 31 of that Schedule (and
25
section 98(1) so far as relating to those provisions)—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly,
(b)
for paragraph 25 of that Schedule (and section 98(1) so far as relating to
that paragraph), the Assembly, and
30
(c)
for the other provisions of that Schedule (and section 98(1) so far as
relating to those provisions), the Secretary of State.
(5)
In relation to section 98(2) and Schedule 3, the appropriate authority is—
(a)
for a repeal contained in Part 1 of that Schedule, the Secretary of State,
and
35
(b)
for a repeal contained in Part 2 of that Schedule, the appropriate
authority for the purposes of 104(2) in relation to the provision on
which the repeal is consequential.