Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Schedule 2 — Minor and consequential amendments
56

Schedule 2
Section 98(1)

Minor and consequential amendments
Children Act 1989 (c. 41)
1
In section 18 of the Children Act 1989 (day care for pre-school and other
children)—
5
(a)
in subsection (2), after “local authority” insert “in Wales”;
(b)
in subsection (6), after “local authority” insert “in Wales”.
2
In the heading of Part 10A of the Children Act 1989 (child minding and day
care for children in England and Wales), omit “England and”.
3
In Part 10A of the Children Act 1989 (including Schedule 9A) for “the
10
registration authority”, “a registration authority” or “the authority”,
wherever occurring, substitute (in each case) “the Assembly”.
4
In section 79B of the Children Act 1989 (other definitions etc.)—
(a)
omit subsection (1),
(b)
for subsection (2) substitute—
15
“(2)
In this Act “the Assembly” means the National Assembly for
Wales.”, and
(c)
for subsection (7) substitute—
“(7)
“Regulations” means regulations made by the Assembly.”
5
In section 79C of the Children Act 1989 (regulations etc. governing child
20
minders and day care providers), omit subsections (1), (4) and (5).
6
In section 79D of the Children Act 1989 (requirement to register)—
(a)
for subsection (1) substitute—
“(1)
No person shall act as a child minder in Wales unless he is
registered under this Part for child minding by the
25
Assembly.”,
(b)
in subsection (4) omit the words “(whether the contravention occurs
in England or Wales)”, and
(c)
in subsection (5), after “premises” insert “in Wales”.
7
In section 79H of the Children Act 1989 (suspension of registration), omit
30
subsection (3).
8
In section 79K of the Children Act 1989 (protection of children in an
emergency), in subsection (1) after “registered” insert “under this Part”.
9
Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only
to England).
35
10
In section 79S of the Children Act 1989 (general functions of the Assembly),
in subsection (2) omit the words from “but the regulations” to the end of the
subsection.
11
In section 79U of the Children Act 1989 (rights of entry etc.) in subsection (1)
omit “England or”.
40

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Schedule 2 — Minor and consequential amendments
57

12
In section 79V of the Children Act 1989 (function of local authorities), after
“local authority” insert “in Wales”.
13
In section 79W of the Children Act 1989 (requirement for certificate of
suitability), in subsection (1) after “children” (in the first place where it
occurs) insert “in Wales”.
5
14
In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b)
omit “England and”.
15    (1)
Schedule 9A to the Children Act 1989 (child minding and day care for young
children) is amended as follows.
      (2)
In the heading, after “children” insert “in Wales”.
10
      (3)
In paragraph 1 (exemption of certain schools), in sub-paragraph (1)(c), omit
“the Secretary of State or”.
      (4)
In paragraph 4 (disqualification for registration)—
(a)
in sub-paragraph (1), after “day care” insert “in Wales”,
(b)
in sub-paragraph (2)(f), after “Part XA” insert “or Part 3 of the
15
Childcare Act 2006”,
(c)
in sub-paragraph (3), after “day care” (in each place where it occurs)
insert “in Wales”,
(d)
in sub-paragraph (4), after “day care” (in each place where it occurs)
insert “in Wales”, and
20
(e)
in sub-paragraph (5), after “day care” (in each place where it occurs)
insert “in Wales”.
      (5)
In paragraph 5 (offences relating to disqualification)—
(a)
in sub-paragraph (1)(a)—
(i)
after “child minder” insert “in Wales”,
25
(ii)
after “child minding” insert “in Wales”,
(b)
in sub-paragraph (1)(b) for “any of sub-paragraphs (3) to (5)”
substitute “sub-paragraph (4) or (5)”, and
(c)
for sub-paragraph (2) substitute—
    “(2)
A person who contravenes sub-paragraph (4) of paragraph
30
4 shall not be guilty of an offence under this paragraph if—
(a)
he is disqualified for registration by virtue only of
regulations made under sub-paragraph (3) of
paragraph 4, and
(b)
he proves that he did not know, and had no
35
reasonable grounds for believing, that he was
living in the same household as a person who was
disqualified for registration or in a household in
which such a person was employed.”
      (6)
In paragraph 6 (certificates of registration), in sub-paragraph (5)—
40
(a)
in paragraph (a) for “(in England or in Wales)” substitute “in Wales”,
and
(b)
in paragraph (b) after “any premises” insert “in Wales”.
      (7)
In paragraph 8 (co-operation between authorities), omit sub-paragraph (1).

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Schedule 2 — Minor and consequential amendments
58

Water Industry Act 1991 (c. 56)
16
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be
disconnected for non-payment of charges) for paragraph 12 substitute—
“12   (1)
Premises in England which are used for the provision of childcare
by a person who is registered (otherwise than as a childminder)
5
under Part 3 of the Childcare Act 2006 in respect of the premises.
      (2)
Premises in Wales which are used for the provision of day care for
children by a person who is registered under Part 10A of the
Children Act 1989 in respect of the premises.”
Education Act 1996 (c. 56)
10
17
In the heading to section 17 of the Education Act 1996, for “nursery
education” substitute “nursery schools”.
18
In section 318 of the Education Act 1996 (provision of goods and services in
connection with special educational needs), in subsection (3A)(a) for
“receiving relevant nursery education” substitute “receiving relevant early
15
years education”.
19    (1)
Section 329A of the Education Act 1996 (review or assessment of educational
needs at request of responsible body) is amended as follows.
      (2)
In subsection (11), for “relevant nursery education” substitute “relevant
early years education”.
20
      (3)
In subsection (13)(c), for “nursery”, in both places, substitute “early years”.
      (4)
For subsection (14) substitute—
“(14)
“Relevant early years education”—
(a)
in relation to England, has the same meaning as it has (in
relation to England) in section 123 of the School Standards
25
and Framework Act 1998 except that it does not include early
years education provided by a local education authority at a
maintained nursery school for a pupil at the school;
(b)
in relation to Wales, has the same meaning as it has (in
relation to Wales) in section 123 of the School Standards and
30
Framework Act 1998 except that it does not include early
years education provided by a local education authority at a
maintained nursery school.”
20
In section 509A of the Education Act 1996 (travel arrangements for children
receiving nursery education otherwise than at school)—
35
(a)
in the heading and in each of subsections (1), (3) and (4) for “nursery
education” substitute “early years education”, and
(b)
for subsection (5) substitute—
“(5)
In this section “relevant early years education” means—
(a)
in relation to England, early years provision as
40
defined by section 20 of the Childcare Act 2006 which
is provided under arrangements made by a local
authority in England in pursuance of the duty
imposed by section 7 of that Act (whether or not the
local authority provides the early years provision);
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Childcare Bill
Schedule 2 — Minor and consequential amendments
59

(b)
in relation to Wales, nursery education which is
provided—
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of
financial assistance given by a local authority
5
under arrangements made by them in
pursuance of the duty imposed by section 118
of the School Standards and Framework Act
1998.”
21
In section 512 of the Education Act 1996 (LEA functions concerning
10
provision of meals etc.)—
(a)
in subsection (1)(c) for “relevant funded nursery education”
substitute “relevant funded early years education”, and
(b)
in subsection (6) for the definition of “relevant funded nursery
education” substitute—
15
““relevant funded early years education”, in relation to
a local education authority in England, means early
years provision as defined by section 20 of the
Childcare Act 2006 which is provided by a person,
other than the governing body of a maintained school
20
(within the meaning of section 20(7) of the School
Standards and Framework Act 1998) or a maintained
nursery school, under arrangements made by a local
authority in pursuance of the duty imposed by
section 7 of the 2006 Act (duty to secure prescribed
25
early years provision free of charge);
“relevant funded early years education”, in relation to a
local education authority in Wales, means education
provided by a person other than the governing body
of a maintained school (within the meaning of section
30
20(7) of the School Standards and Framework Act
1998) or a maintained nursery school—
(a)
under arrangements made with that person
by the authority in pursuance of the duty
imposed on the authority by section 118 of
35
that Act (duty of LEA to secure sufficient
nursery education), and
(b)
in consideration of financial assistance
provided by the authority under those
arrangements.”
40
22    (1)
Section 515 of the Education Act 1996 (provision of teaching services for day
nurseries) is amended as follows.
      (2)
In subsection (1) after “a day nursery” insert “in England or Wales or to a
registered early years provider in England”.
      (3)
In subsection (3)—
45
(a)
in paragraph (b) after “the day nursery” insert “or (as the case may
be) the registered early years provider”, and
(b)
in paragraph (c) for the words from “including” to the end of the
paragraph substitute “including—
(i)
in relation to England, any charges to be imposed in
50
connection with the arrangements, and

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Schedule 2 — Minor and consequential amendments
60

(ii)
in relation to Wales, where the teacher’s school and the day
nursery are in the areas of different local education
authorities, financial adjustments between those authorities.”
      (4)
For subsection (4) substitute—
“(4)
In this section—
5
“day nursery” means a day nursery provided under section 18
of the Children Act 1989 (provision by local authorities of day
care for pre-school and other children);
“registered early years provider” means a person registered
under Part 3 of the Childcare Act 2006.”
10

23    (1)
Section 535 of the Education Act 1996 (provision of teaching services for day
nurseries) is amended as follows.
      (2)
In subsection (1) after “a day nursery” insert “in England and Wales or to a
registered early years provider in England”.
15
      (3)
In subsection (3)—
(a)
in paragraph (b) after “the day nursery” insert “or (as the case may
be) the registered early years provider”, and
(b)
in paragraph (c) for the words from “including” to the end of the
paragraph substitute “including—
20
(i)
in relation to England, any charges to be imposed in
connection with the arrangements, and
(ii)
in relation to Wales, where the teacher’s school and the day
nursery are in the areas of different local education
authorities, financial adjustments between those authorities.”
25
      (4)
For subsection (4) substitute—
“(4)
In this section—
“day nursery” means a day nursery provided under section 18
of the Children Act 1989 (provision by local authorities of day
care for pre-school and other children);
30
“registered early years provider” means a person registered
under Part 3 of the Childcare Act 2006.”

24    (1)
Section 548 of the Education Act 1996 (no right to give corporal punishment)
is amended as follows.
35
      (2)
In subsection (1)(c) for “specified nursery education” substitute “specified
early years education”.
      (3)
For subsection (8) substitute—
“(8)
“Specified early years education” means—
(a)
in relation to England, early years provision as defined by
40
section 20 of the Childcare Act 2006 which is provided under
arrangements made by a local authority in England in
pursuance of the duty imposed by section 7 of that Act
(whether or not the local authority provides the early years
provision);
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Schedule 2 — Minor and consequential amendments
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(b)
in relation to Wales, full-time or part-time education suitable
for children who have not attained compulsory school age
which is provided—
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of financial
5
assistance given by such an authority under
arrangements made by them in pursuance of the duty
imposed by section 118 of the School Standards and
Framework Act 1998.”
Education Act 1997 (c. 44)
10
25
In section 38 of the Education Act 1997 (inspection of local education
authorities), in subsection (2A)(b), after “sections 25 and 26” insert “of the
Children Act 2004”.
Police Act 1997 (c. 50)
26
In section 113F of the Police Act 1997 (criminal record certificates:
15
supplementary), in subsection (1)—
(a)
before paragraph (a) insert—
“(za)
for the purposes of Part 3 of the Childcare Act 2006
(regulation of provision of childcare in England) and
regulations made under it, the applicant’s suitability
20
to look after or be in regular contact with children;”,
(b)
in paragraph (a), omit the words “England and”, and
(c)
in paragraph (c) omit the words “section 71 of the Children Act 1989
or”.
School Standards and Framework Act 1998 (c. 31)
25
27
In section 118 of the School Standards and Framework Act 1998 (duty of
LEA as respects availability of nursery education)—
(a)
in subsection (1) after “a local education authority” insert “in Wales”,
and
(b)
in subsection (2)(b) for “the Secretary of State” substitute “the
30
National Assembly for Wales”.
28
Section 118A of the School Standards and Framework Act 1998 (duties of
LEA in respect of childcare) is omitted.
29    (1)
Section 119 of the School Standards and Framework Act 1998 (early years
development and childcare partnerships) is amended as follows.
35
      (2)
In subsection (1), after “local education authority” insert “in Wales”.
      (3)
In subsection (2), for “the Secretary of State” substitute “the Assembly”.
      (4)
In subsection (5), omit paragraph (ab).
      (5)
In subsection (6), for “The Secretary of State” substitute “The Assembly”.
30    (1)
Section 122 of the School Standards and Framework Act 1998 (inspection of
40
nursery education) is amended as follows.
      (2)
In the heading, after “nursery education” insert “in Wales”.

Childcare Bill
Schedule 2 — Minor and consequential amendments
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      (3)
In subsection (1), after “nursery education” insert “in Wales”.
31
In section 123 of the School Standards and Framework Act 1998 (children
with special educational needs)—
(a)
in subsections (1)(a), (2) and (3A) for “relevant nursery education”
substitute “relevant early years education”, and
5
(b)
for subsection (4) substitute—
“(4)
In this section “relevant early years education” means—
(a)
in relation to England, early years provision as
defined by section 20 of the Childcare Act 2006 which
is provided under arrangements made by a local
10
authority in England in pursuance of the duty
imposed by section 7 of that Act (whether or not the
local authority provides the early years provision);
(b)
in relation to Wales, nursery education which is
provided—
15
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of
financial assistance given by such an authority
under arrangements made by them in
pursuance of the duty imposed by section
20
118.”
32
In section 142 of the School Standards and Framework Act 1998 (general
interpretation) for subsection (5) substitute—
“(5)
For the purposes of this Act children are to be regarded as admitted
to a school for nursery education if—
25
(a)
in the case of a school in England, they are admitted for early
years provision as defined by section 20 of the Childcare Act
2006 and are not, or are not to be, placed on admission in a
reception class or any more senior class, and
(b)
in the case of a school in Wales, if they are, or are to be, placed
30
on admission in a nursery class.”
33    (1)
Schedule 26 to the School Standards and Framework Act 1998 (inspection of
nursery education) is amended as follows.
      (2)
In the title of the Schedule after “nursery education” insert “in Wales”.
      (3)
In paragraph 1(1)—
35
(a)
in paragraph (za) after “school” (in each place where it occurs) insert
“in Wales”;
(b)
in paragraph (a) after “local education authority” insert “in Wales”;
(c)
in paragraph (b) after “local education authority” insert “in Wales”.
      (4)
In paragraph 1(2) after “local education authority” insert “in Wales”.
40
      (5)
In paragraph 1(3)(b)(ii) after “local education authority” insert “in Wales”.
      (6)
In paragraph 2(1)—
(a)
omit paragraph (a), and
(b)
for paragraph (c) substitute—
“(c)
“the Chief Inspector” (without more) means the
45
Chief Inspector for Wales.”