Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 1 — General functions of local authority: England
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Amendments of Children Act 2004
(1)
The Children Act 2004 (c. 31) is amended as follows.
(2)
In section 18 (director of children’s services), in subsection (2)—
(a)
omit the “and” at the end of paragraph (d), and
(b)
after paragraph (e) insert “; and
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(f)
the functions conferred on the authority under Part 1 of
the Childcare Act 2006.”.
(3)
In section 23 (interpretation), in subsection (3) (which defines “children’s
services”)—
(a)
omit the “and” at the end of paragraph (b), and
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(b)
after paragraph (c) insert “; and
(d)
any function conferred on a local authority under Part 1
of the Childcare Act 2006.”.
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Charges for early years provision at maintained school
(1)
Section 451 of the Education Act 1996 (c. 56) (prohibition of charges for
15
provision of education) is amended as follows.
(2)
After subsection (2) insert—
“(2A)
Regulations may, in relation to England, prescribe circumstances in
which subsection (2) does not apply in relation to education which is
early years provision (as defined by section 20 of the Childcare Act
20
2006) other than —
(a)
early years provision provided in pursuance of the duty
imposed by section 7 of that Act, or
(b)
early years provision for a pupil who is of compulsory school
age.”
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(3)
In subsection (4) after paragraph (b) insert “or
(c)
provided in pursuance of the duty imposed by section 7 of the
Childcare Act 2006.”
Interpretation
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Meaning of childcare
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(1)
This section applies for the purposes of this Part and Part 3.
(2)
“Childcare” means any form of care for a child and, subject to subsection (3),
care includes—
(a)
education for a child, and
(b)
any other supervised activity for a child.
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(3)
“Childcare” does not include—
(a)
education (or any other supervised activity) provided by a school
during school hours for a registered pupil who is not a young child, or
(b)
any form of health care for a child.
(4)
“Childcare” does not include care provided for a child by—
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(a)
a parent or step-parent of the child;

Childcare Bill
Part 1 — General functions of local authority: England
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(b)
a person with parental responsibility for the child;
(c)
a relative of the child;
(d)
a person who is a local authority foster parent in relation to the child;
(e)
a person who is a foster parent with whom the child has been placed by
a voluntary organisation;
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(f)
a person who fosters the child privately.
(5)
“Childcare” does not include care provided for a child if the care—
(a)
is provided in any of the following establishments as part of the
establishment’s activities—
(i)
an appropriate children’s home,
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(ii)
a care home,
(iii)
a hospital in which the child is a patient,
(iv)
a residential family centre, and
(b)
is so provided by the person carrying on the establishment or a person
employed to work at the establishment.
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(6)
The reference in subsection (5)(b) to a person who is employed includes a
reference to a person who is employed under a contract for services.
(7)
In this section—
(a)
“appropriate children’s home”, “local authority foster parent”, “to
foster a child privately” and “voluntary organisation” have the same
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meaning as in the Children Act 1989 (c. 41);
(b)
“care home”, “hospital” and “residential family centre” have the same
meaning as in the Care Standards Act 2000 (c. 14);
(c)
“relative”, in relation to a child, means a grandparent, aunt, uncle,
brother or sister, whether of the full blood or half blood or by marriage
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or civil partnership.
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Meaning of “young child”
For the purposes of this Part and Part 3, a child is a “young child” during the
period—
(a)
beginning with his birth, and
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(b)
ending immediately before the 1st September next following the date
on which he attains the age of five.
20
Meaning of “early years provision”
In this Part “early years provision” means the provision of childcare for a
young child.
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21
Interpretation of Part 1
In this Part—
“childcare” has the meaning given by section 18;
“early years provision” has the meaning given by section 20;
“prescribed” means prescribed by regulations;
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“regulations” means regulations made by the Secretary of State;
“young child” has the meaning given by section 19.

Childcare Bill
Part 2 — General Functions of Local Authority: Wales
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Part 2
General Functions of Local Authority: Wales
Provision of childcare
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Duty to secure sufficient childcare for working parents
(1)
A Welsh local authority must secure, so far as is reasonably practicable, that the
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provision of childcare (whether or not by them) is sufficient to meet the
requirements of parents in their area who require childcare in order to enable
them—
(a)
to take up, or remain in, work, or
(b)
to undertake education or training which could reasonably be expected
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to assist them to obtain work.
(2)
In determining for the purposes of subsection (1) whether the provision of
childcare is sufficient to meet those requirements, a local authority—
(a)
must have regard to the needs of parents in their area for—
(i)
the provision of childcare in respect of which the child care
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element of working tax credit is payable,
(ii)
the provision of childcare which is suitable for disabled
children, and
(iii)
the provision of childcare involving the use of the Welsh
language, and
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(b)
may have regard to any childcare which they expect to be available
outside their area.
(3)
In discharging their duty under subsection (1), a local authority must have
regard to any guidance given from time to time by the Assembly.
(4)
The Assembly may by order amend subsection (2) (and subsection (6) so far as
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relating to that subsection) so as to modify the matters to which a local
authority must or may have regard in determining whether the provision of
childcare is sufficient.
(5)
This section does not apply in relation to childcare—
(a)
for a child other than a disabled child, on or after the 1st September next
30
following the date on which he attains the age of 14;
(b)
for a disabled child, on or after the 1st September next following the
date on which he attains the age of 16.
(6)
In this section—
“child care element”, in relation to working tax credit, is to be read in
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accordance with section 12 of the Tax Credits Act 2002 (c. 21);
“disabled child” means a child who has a disability for the purposes of the
Disability Discrimination Act 1995 (c. 50);
“parent” includes any individual who—
(a)
has parental responsibility for a child, or
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(b)
has care of a child.
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Powers of local authority in relation to the provision of childcare
(1)
A Welsh local authority may—

Childcare Bill
Part 2 — General Functions of Local Authority: Wales
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(a)
assist any person who provides or proposes to provide childcare;
(b)
make arrangements with any other person for the provision of
childcare;
(c)
provide childcare.
(2)
The assistance which a local authority may give under subsection (1)(a)
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includes financial assistance; and the arrangements which a local authority
may make under subsection (1)(b) include arrangements involving the
provision of financial assistance by the authority.
(3)
In exercising their functions under this section, a Welsh local authority must
have regard to any guidance given from time to time by the Assembly.
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Arrangements between local authority and childcare providers
(1)
This section applies where a Welsh local authority make arrangements with a
person (other than the governing body of a maintained school) for the
provision by that person of childcare in consideration of financial assistance
provided by the authority under the arrangements.
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(2)
The local authority must exercise their functions with a view to securing that
the provider of the childcare meets any requirements imposed on him by the
arrangements.
(3)
The requirements imposed by the arrangements may, in particular, if any
specified conditions are not satisfied, require the repayment of the whole or
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any part of any financial assistance provided by the local authority under the
arrangements.
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Charges where local authority provide childcare
(1)
A Welsh local authority may enter into an agreement under which payments
are made to the authority for the provision by the authority of childcare for a
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child.
(2)
Subsection (1) does not apply to childcare provided under section 18 of the
Children Act 1989 (c. 41) (day care for pre-school and other children),
provision as to charges for such care being made by section 29 of that Act.
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Power to require local authority to assess childcare provision
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(1)
The Assembly may by regulations require a Welsh local authority to—
(a)
prepare assessments at prescribed intervals of the sufficiency of the
provision of childcare (whether or not by them) in their area;
(b)
review any such assessment prepared by them.
(2)
Regulations under subsection (1) may make provision for the manner in which
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an assessment or review is to be prepared and, in particular, may require the
local authority to—
(a)
consult such persons, or persons of such a description, as may be
prescribed, and
(b)
have regard to any guidance given from time to time by the Assembly.
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(3)
Subsection (5) of section 22 applies for the purposes of this section as it applies
for the purposes of that section.