Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Schedule 2 — Minor and consequential amendments
63

      (7)
For paragraph 2(5) substitute—
    “(5)
In this Schedule, “well-being” in relation to children for whom
nursery education is provided in Wales, is a reference to their
well-being having regard to the matters mentioned in section 25(2)
of the Children Act 2004.”
5
      (8)
In paragraph 3 for “the Secretary of State” substitute “the Assembly”.
      (9)
In paragraph 4—
(a)
for “the Secretary of State” (in both places where it occurs) substitute
“the Assembly”, and
(b)
for “the Secretary of State’s” substitute “the Assembly’s”.
10
     (10)
In paragraph 5 for “the Secretary of State” substitute “the Assembly”.
     (11)
Omit the following—
(a)
paragraph 6A,
(b)
in the cross-heading before paragraph 7, the words “6A or”,
(c)
in paragraph 7, the words “6A or”,
15
(d)
paragraph 13A,
(e)
paragraph 14(1),
(f)
in paragraph 16, the words “6A or”, and
(g)
in paragraph 18, sub-paragraphs (1)(a) and (4)(a).
Protection of Children Act 1999 (c. 14)
20
34
In section 2A of the Protection of Children Act 1999 (power of certain
authorities to refer individuals for inclusion in list of persons considered
unsuitable to work with children), in subsection (1)(a) for “or Part XA of the
Children Act 1989” substitute “, Part 10A of the Children Act 1989 or Part 3
of the Childcare Act 2006”.
25
35
In section 9 of the Protection of Children Act 1999 (the Tribunal), in
subsection (2)—
(a)
omit the “or” at the end of paragraph (e), and
(b)
at the end of paragraph (f) insert “or—
(g)
on an appeal under, or by virtue of, Part 3 of the Childcare
30
Act 2006.”
Criminal Justice and Court Services Act 2000 (c. 43)
36
In section 36 of the Criminal Justice and Court Services Act 2000 (meaning of
“regulated position”) in subsection (13) for paragraph (c) substitute—
“(c)
in relation to England—
35
(i)
a person registered under Part 3 of the Childcare Act
2006, otherwise than as a childminder, for providing
care on premises on which the child is cared for,
(ii)
a person registered under Part 3 of that Act as a
childminder who is providing early years or later
40
years childminding (within the meaning of that Part
of that Act) for the child,

Childcare Bill
Schedule 2 — Minor and consequential amendments
64

(ca)
in relation to Wales, a person registered under Part 10A of the
Children Act 1989 for providing day care on premises on
which the child is cared for, and”.
37
In section 42 of the Criminal Justice and Court Services Act 2000
(interpretation of Part 2) in subsection (1) for the definition of “day care
5
premises” substitute—
“ “day care premises” means—
(a)
in relation to England, premises in respect of which a
person is registered, otherwise than as a childminder,
under Part 3 of the Childcare Act 2006,
10
(b)
in relation to Wales, premises in respect of which a
person is registered under Part 10A of the Children
Act 1989 for providing day care,”.
Education Act 2002 (c. 32)
38
In section 153 of the Education Act 2002 (powers of LEA in respect of funded
15
nursery education)—
(a)
in subsection (1), after “local education authority” insert “in Wales”,
and
(b)
in subsection (2)(a), omit “the Secretary of State or (as respects local
education authorities in Wales)”.
20
39
In section 176 of the Education Act 2002 (consultation with pupils) in
subsection (3) for the definition of “pupil” substitute—
“ “pupil” does not include a child who is being provided with
early years education (whether at a school or elsewhere) and,
for this purpose, “early years education” means—
25
(a)
in relation to England, early years provision as
defined by section 20 of the Childcare Act 2006, and
(b)
in relation to Wales, nursery education.”
Children Act 2004 (c. 31)
40
In section 12 of the Children Act 2004 (information databases) in subsection
30
(8) for paragraph (a) substitute—
“(a)
a person registered under Part 3 of the Childcare Act 2006
(regulation of provision of childcare in England);”.
Education Act 2005 (c. 18)
41
In section 59(1) of the Education Act 2005 (combined reports)—
35
(a)
in paragraph (b) after “for children” insert “in Wales”,
(b)
in paragraph (c) after “nursery education” insert “in Wales”,
(c)
omit the “and” at the end of paragraph (c), and
(d)
at the end of paragraph (d) insert “and
(e)
Chapters 2 and 3 of the Childcare Act 2006 (regulation
40
of early years and later years provision in England).”

Childcare Bill
Schedule 3 — Repeals
Part 1 — The curriculum
65

Schedule 3
Section 98(2)

Repeals
Part 1
The curriculum

Short title and chapter
Extent of repeal

5

Education Act 1997 (c. 44)
In section 23—

  in subsection (1), paragraph (c) and the word

“and” immediately preceding it; and

  subsection (2A).

Education Act 2002 (c. 32)
In section 76, the definitions of “early learning

10

goals”, “the foundation stage”, and “pupil”

and, in the definition of “school year”, the

words from “and has a corresponding” to the

end.

Section 77.

15

Section 78(2).

In section 79—

  in subsection (4)(b), the words from “or the”

to “nursery school”; and

  subsection (5).

20

Section 81.

Section 83.

In section 87—

  subsection (2);

  in subsection (4), the words “(2) or”, in

25

paragraph (a) the words “the foundation

stage or” and “educational programme or”

and in paragraph (b) the words from “(or the

timetables” to “education)”;

  in subsection (5), the words “(2) or”;

30

  subsection (6);

  in subsection (8), the words “(2)(c) or”;

  in subsection (10), the words “(6) or” and, in

paragraph (a), the words from “or” to

“provided”; and

35

  in subsection (11), the words “(2)(c) or” and

“(6) or”.

Section 89.

In section 90, in subsection (1) the words “or

maintained nursery school” and in subsection

40

(3) the words “or a maintained nursery

school”.

In section 93(1) and (5), the words “or

maintained nursery school”.

In section 94(4)(a), the words “or maintained

45

nursery school”.

In section 96(1)(a), the words “83(3),”.

Section 210(3)(c).

In Schedule 17, paragraph 1(4) to (6).

Childcare Bill
Schedule 3 — Repeals
Part 2 — Other repeals
66

Part 2
Other repeals

Short title and chapter
Extent of repeal

Children Act 1989 (c. 41)
Section 79B(1).

Section 79C(1), (4) and (5).

5

In section 79D(4), the words “(whether the

contravention occurs in England or Wales)”.

Section 79H(3).

Section 79N.

Sections 79Q and 79R.

10

In section 79S(2), the words from “but the

regulations” to the end of the subsection.

In section 79U(1), the words “England or”.

In section 105(5A)(b) the words “England and”.

In Schedule 9A, paragraph 8(1).

15

Police Act 1997 (c. 50)
In section 113F(1)—

(a)
in paragraph (a), the words “England

and”, and

(b)
in paragraph (c), the words “section 71

of the Children Act 1989 or”.

20

School Standards and
Section 118A.

Framework Act 1998 (c. 31)
Section 119(5)(ab).

In Schedule 26—

(a)
paragraph 6A;

(b)
in the cross-heading before paragraph 7,

25

the words “6A, or”;

(c)
in paragraph 7, the words “6A or”;

(d)
paragraph 13A;

(e)
paragraph 14(1);

(f)
in paragraph 16, the words “6A or”;

30

(g)
in paragraph 18, sub-paragraphs (1)(a)

and (4)(a).

Protection of Children Act 1999
In section 9(2), the word “or” at the end of

(c. 14)
paragraph (e).

Education Act 2002 (c. 32)
Section 149(1).

35

Section 150(1).

In section 153(2)(a) the words “the Secretary of

State or (as respects local authorities in

Wales)”.

Children Act 2004 (c. 31)
In section 18(2), the word “and” at the end of

40

paragraph (d).

In section 23(3), the word “and” at the end of

paragraph (b).

Education Act 2005
In section 59(1), the word “and” at the end of

paragraph (c).

45

In Schedule 7, paragraphs 1, 3, 4 and 10(6).