Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 4 — General
52

106
Short title and extent
(1)
This Act may be cited as the Childcare Act 2006.
(2)
Any amendment or repeal made by this Act has the same extent as the
provision amended or repealed.
(3)
Except as provided by subsection (2), this Act extends to England and Wales
5
only.

Childcare Bill
Schedule 1 — Amendments relating to the curriculum
53

Schedules
Schedule 1
Section 48

Amendments relating to the curriculum
Interpretation
1
In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).
5
Education Act 1997 (c. 44)
2     (1)
Section 23 of the Education Act 1997 (functions of Qualifications and
Curriculum Authority) is amended as follows.
      (2)
In subsection (1), omit paragraph (c) and the word “and” immediately
preceding it.
10
      (3)
After subsection (2) insert—
“(2ZA)
If the Secretary of State so provides by order, the Qualifications and
Curriculum Authority shall also have—
(a)
such additional functions as may be specified in the order
with respect to pupils falling within subsection (1)(a) or (b)
15
who are young children, and
(b)
such functions as may be specified in the order with respect
to children not falling within subsection (1)(a) or (b) for
whom early years provision is provided in England by early
years providers to whom section 40 of the Childcare Act 2006
20
(duty to implement Early Years Foundation Stage) applies.”
(2ZB)
Before making an order under subsection (2ZA), the Secretary of
State shall consult the Qualifications and Curriculum Authority.”
      (4)
Omit subsection (2A).
      (5)
In subsection (5)
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(a)
for the definition of “funded nursery education” and the “and”
immediately following it substitute—
“ “early years provider” and “early years provision”
have the same meaning as in Part 3 of the Childcare
Act 2006;”, and
30
(b)
at the end insert—
“ “young children” has the same meaning as in Part 3 of
the Childcare Act 2006.”

Childcare Bill
Schedule 1 — Amendments relating to the curriculum
54

Education Act 2002 (c. 32)
3     (1)
Section 76 of the 2002 Act (interpretation of Part 6) is amended as follows.
      (2)
For the definition of “assessment arrangements” substitute—
“ “assessment arrangements”, in relation to a key stage, means
the arrangements for assessing pupils in respect of that stage
5
for the purpose of ascertaining what they have achieved in
relation to the attainment targets for that stage;”.
      (3)
Omit the definitions of “early learning goals”, “the foundation stage”, and
“pupil”.
      (4)
In the definition of “school year”, omit the words from “and has a
10
corresponding” to the end.
4
Omit section 77 of the 2002 Act (meaning of “nursery education” and related
expressions).
5
In section 78 of the 2002 Act (general requirements in relation to the
curriculum), omit subsection (2).
15
6     (1)
Section 79 of the 2002 Act (duty to implement general requirements) is
amended as follows.
      (2)
For subsections (1) and (2) substitute—
“(1)
The Secretary of State shall exercise his functions with a view to
securing that the curriculum for every maintained school or
20
maintained nursery school satisfies the requirements of section 78.
(2)
Every local education authority in England shall exercise their
functions with a view to securing that the curriculum for every
maintained school or maintained nursery school which they
maintain satisfies the requirements of section 78.”
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      (3)
In subsection (4)(b), omit the words from “or the” to “nursery school”.
      (4)
Omit subsection (5).
7     (1)
Section 80 of the 2002 Act (basic curriculum for maintained school) is
amended as follows.
      (2)
In subsection (1)(b), for “who have attained the age of three” substitute “who
30
have ceased to be young children for the purposes of Chapter 1 of Part 1 of
the Childcare Act 2006”.
      (3)
In subsection (2)(a), for “a nursery class in a primary school” substitute
“pupils who are under compulsory school age”.
8
Omit section 81 of the 2002 Act (the foundation stage).
35
9
Omit section 83 of the 2002 Act (curriculum requirements for the foundation
stage).
10    (1)
Section 87 of the 2002 Act (establishment of National Curriculum by order)
is amended as follows.

Childcare Bill
Schedule 1 — Amendments relating to the curriculum
55

      (2)
For subsection (1) substitute—
“(1)
The Secretary of State shall so exercise the powers conferred by
subsection (3) as to revise the National Curriculum for England
whenever he considers it necessary or expedient to do so.”
      (3)
Omit subsection (2).
5
      (4)
In subsection (4), omit—
(a)
“(2) or”,
(b)
in paragraph (a), the words “the foundation stage or” and
“educational programme or”, and
(c)
in paragraph (b), the words from “(or the timetables” to “education)”.
10
      (5)
In subsection (5), omit “(2) or”.
      (6)
Omit subsection (6).
      (7)
In subsection (8), omit “(2)(c) or”.
      (8)
In subsection (10), omit—
(a)
“(6) or”, and
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(b)
in paragraph (a) the words from “or” to “provided”.
      (9)
In subsection (11), omit “(2)(c) or” and “(6) or”.
11
Omit section 89 of the 2002 Act (implementation in respect of nursery
schools etc.).
12    (1)
Section 90 of the 2002 Act (development work and experiments) is amended
20
as follows.
      (2)
In subsection (1), omit “or maintained nursery school”.
      (3)
In subsection (3), omit “or a maintained nursery school”.
13
In section 93 of the 2002 Act (temporary exceptions for individual pupils), in
subsections (1) and (5), omit “or maintained nursery school”.
25
14
In section 94 of the 2002 Act (information concerning directions under
section 93), in subsection (4)(a), omit “or maintained nursery school”.
15
In section 96 of the 2002 Act (procedure for making certain orders and
regulations), in subsection (1)(a)—
(a)
omit “83(3)”, and
30
(b)
for “87(2)(a) or (b) or (3)(a) or (b)” substitute “87(3)(a) or (b)”.
16
In section 210 of the 2002 Act (orders and regulations)—
(a)
omit subsection (3)(c), and
(b)
in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “87(3)(c)”.