rs1070903.389-395

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

389

House of Commons

Thursday 9th March 2006

Report Stage Proceedings

Childcare Bill, As Amended

New ClausES

Power of constable to assist in exercise of powers of entry

Secretary Ruth Kelly

Added  NC1

To move the following Clause:—

‘(1)
A person authorised for the purpose of subsection (1) or (2) of section 77 may

apply to a court for a warrant under this section.

(2)
If it appears to the court that the authorised person—

(a)
has attempted to exercise a power conferred on him by section 77 but has

been prevented from doing so, or

(b)
is likely to be prevented from exercising any such power,


the court may issue a warrant authorising any constable to assist that person in the

exercise of the power, using reasonable force if necessary.

(3)
A warrant issued under this section must be addressed to, and executed by, a

constable.

(4)
Schedule 11 to the Children Act 1989 (c. 41) (jurisdiction of courts) applies in

relation to proceedings under this section as if they were proceedings under that

Act.

(5)
In this section, “court” means the High Court, a county court or a magistrates’

court but this is subject to any provision which may be made (by virtue of

subsection (4)) by or under Schedule 11 to the Children Act 1989 (c. 41).’.

Provision of information about young children: England

Secretary Ruth Kelly

Added  NC2

To move the following Clause:—

‘(1)
Regulations may make provision, in relation to England, requiring—

Report Stage Proceedings: 9th March 2006
390

Childcare Bill, continued

(a)
a person registered as an early years provider under Chapter 2 of Part 3,

and

(b)
a person who provides early years provision in respect of which, but for

section 34(2) (exemption for provision for children aged 3 or over at

certain schools), he would be required to be registered under that

Chapter,


to provide to the relevant person such individual child information as may be

prescribed.

(2)
In subsection (1), “the relevant person” means one or more of the following—

(a)
the Secretary of State, and

(b)
any prescribed person.

(3)
Where any person within paragraph (b) of subsection (2) receives information by

virtue of subsection (1), the Secretary of State may require that person to provide

any such information—

(a)
to the Secretary of State, or

(b)
to any prescribed person.

(4)
The Secretary of State may provide any individual child information—

(a)
to any information collator,

(b)
to any prescribed person, or

(c)
to any person falling within a prescribed category.

(5)
Any information collator—

(a)
may provide any individual child information—

(i)
to the Secretary of State, or

(ii)
to any other information collator, and

(b)
may at such times as the Secretary of State may determine or in

prescribed circumstances provide such individual child information as

may be prescribed—

(i)
to any prescribed person, or

(ii)
to any person falling within a prescribed category.

(6)
Any person holding any individual child information (other than the Secretary of

State or an information collator) may provide that information to—

(a)
the Secretary of State,

(b)
any information collator, or

(c)
any prescribed person.

(7)
No information received under or by virtue of this section shall be published in

any form which includes the name of the child or children to whom it relates.

(8)
Regulations under this section may provide that, in such circumstances as may be

prescribed, the provision of information to a person other than the Secretary of

State is to be treated, for the purposes of any provision of such regulations or this

section, as compliance with any requirement imposed by or by virtue of any such

provision and relating to the provision of information to the Secretary of State.

(9)
In this section—

“early years provision” has the meaning given by section 20;

“individual child information” means information relating to and

identifying individual children for whom early years provision is being

or has been provided by a person mentioned in subsection (1)(a) or (b),

whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in

connection with the functions of the Secretary of State relating to early

years provision, is responsible for collating or checking information

relating to children for whom such provision is made;

Report Stage Proceedings: 9th March 2006
391

Childcare Bill, continued

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State.’.

Provision of information about young children: transitory provision

Secretary Ruth Kelly

Added  NC3

To move the following Clause:—

‘(1)
Section (Provision of information about young children: England) has effect with

the modifications specified in subsections (2) and (3) until section 7 comes into

force.

(2)
In subsection (1)—

(a)
after “requiring” insert “a person who provides funded nursery

education”, and

(b)
omit paragraphs (a) and (b).

(3)
In subsection (9)—

(a)
for the definition of “early years provision” substitute—

““funded nursery education” means nursery education, within the

meaning of Part 5 of the School Standards and Framework Act

1998 (c. 31), which is provided by any person—

(a)
under arrangements made with that person by a local

education authority in England in pursuance of the duty

imposed on the authority by section 118 of that Act (duty

of LEA to secure sufficient nursery education), and

(b)
in consideration of financial assistance provided by the

authority under those arrangements,

other than such education provided by a school for its pupils;”,

(b)
for the definition of “individual child information” substitute—

“individual child information” means information relating to and

identifying individual children for whom funded nursery

education is being or has been provided, whether obtained under

subsection (1) or otherwise;”, and

(c)
in the definition of “information collator” for “early years provision”

substitute “funded nursery education”.’.

Provision of information about children: Wales

Secretary Ruth Kelly

Added  NC4

To move the following Clause:—

‘(1)
Regulations may make provision, in relation to Wales, requiring—

(a)
a person who is registered under Part 10A of the Children Act 1989

(c. 41) to provide child minding or day care, and

Report Stage Proceedings: 9th March 2006
392

Childcare Bill, continued

(b)
a person who provides funded nursery education,


to provide to the relevant person such individual child information as may be

prescribed.

(2)
In subsection (1), “the relevant person” means one or more of the following—

(a)
the Assembly, and

(b)
any prescribed person.

(3)
Where any person within paragraph (b) of subsection (2) receives information by

virtue of subsection (1), the Assembly may require that person to provide any

such information—

(a)
to the Assembly, or

(b)
to any prescribed person.

(4)
The Assembly may provide any individual child information—

(a)
to any information collator,

(b)
to any prescribed person, or

(c)
to any person falling within a prescribed category.

(5)
Any information collator—

(a)
may provide any individual child information—

(i)
to the Assembly, or

(ii)
to any other information collator, and

(b)
may at such times as the Assembly may determine or in prescribed

circumstances provide such individual child information as may be

prescribed—

(i)
to any prescribed person, or

(ii)
to any person falling within a prescribed category.

(6)
Any person holding any individual child information (other than the Assembly or

an information collator) may provide that information to—

(a)
the Assembly,

(b)
any information collator, or

(c)
any prescribed person.

(7)
No information received under or by virtue of this section shall be published in

any form which includes the name of the child or children to whom it relates.

(8)
Regulations under this section may provide that, in such circumstances as may be

prescribed, the provision of information to a person other than the Assembly is to

be treated, for the purposes of any provision of such regulations or this section,

as compliance with any requirement imposed by or by virtue of any such

provision and relating to the provision of information to the Assembly.

(9)
In this section—

“child minding” and “day care” have the same meaning as in Part 10A of

the Children Act 1989 (c. 41);

“funded nursery education” means nursery education, within the meaning of

Part 5 of the School Standards and Framework Act 1998 (c. 31), which

is provided by any person—

(a)
under arrangements made with that person by a local education

authority in Wales in pursuance of the duty imposed on the

authority by section 118 of that Act (duty of LEA to secure

sufficient nursery education), and

(b)
in consideration of financial assistance provided by the authority

under those arrangements,

other than such education provided by a school for its pupils;

Report Stage Proceedings: 9th March 2006
393

Childcare Bill, continued

“individual child information” means information relating to and

identifying individual children for whom child minding, day care or

funded nursery education is being or has been provided, whether

obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in

connection with the functions of the Assembly relating to child minding,

day care or funded nursery education (as the case may be), is responsible

for collating or checking information relating to children for whom such

provision is made;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Assembly.’.

Disqualification for registration under Children Act 1989

Secretary Ruth Kelly

Added  NC5

To move the following Clause:—

‘(1)
Paragraph 4 of Schedule 9A to the Children Act 1989 (c. 41) (disqualification for

registration) is amended as follows.

(2)
In sub-paragraph (2)—

(a)
in paragraph (b) after “children” insert “or on grounds relating to his

health”, and

(b)
after paragraph (g) insert—

“(ga)
he has been given a caution in respect of

any offence of a prescribed kind;”.

(3)
For sub-paragraph (6) substitute—

  “(6)
In this paragraph—

“caution” includes a reprimand or warning within the meaning of

section 65 of the Crime and Disorder Act 1998;

“enactment” means any enactment having effect, at any time, in any part

of the United Kingdom.”.’.

Best value: code of practice

Mr Paul Goodman

Mrs Maria Miller

Tim Loughton

Mr Nick Gibb

Miss Julie Kirkbride

Justine Greening

Withdrawn  nc6

To move the following Clause:—

Report Stage Proceedings: 9th March 2006
394

Childcare Bill, continued

‘The Secretary of State shall publish by 1 January 2007 a code of practice

ensuring that local authorities operating a best value regime, in accordance with

Part 1 of the Local Government Act 1999 (c. 27), act in a fair and transparent way

in delivering best value obligations with regard to childcare provision.’.

Compliance with child protection requirements

Tim Loughton

Mrs Maria Miller

Mr Paul Goodman

Miss Julie Kirkbride

Justine Greening

Mr Nick Gibb

Not selected  nc7

To move the following Clause:—

‘An English local authority must take steps—

(a)
to ensure that all persons involved in childcare in their area have been

made aware of their obligations to comply with child protection

requirements set down by the Secretary of State under any Act arising

from the Safeguarding Vulnerable Groups Bill [Lords], and that such

advice is kept updated, and

(b)
to monitor compliance with those obligations to comply with such child

protection requirements.’.

Best value provision of childcare

Mr Paul Goodman

Mrs Maria Miller

Tim Loughton

Mr Nick Gibb

Miss Julie Kirkbride

Justine Greening

Not called  nc8

To move the following Clause:—

‘Any local authority operating a best value regime, in accordance with Part 1 of

the Local Government Act 1999 (c. 27), must act in a fair and transparent way in

delivering best value obligations with regard to childcare provision, having due

regard to any relevant statutory code of practice.’.

Report Stage Proceedings: 9th March 2006
395

Childcare Bill, continued

Annette Brooke

Mr Roger Williams

Not selected  57

Page  1,  line  6  [Clause  1],  leave out ‘young children’ and insert ‘every young

child’.

Tim Loughton

Mr Nick Gibb

Mr Paul Goodman

Miss Julie Kirkbride

Justine Greening

Mrs Maria Miller

Withdrawn  1

Page  1,  line  7  [Clause  1],  leave out ‘reduce inequalities between’ and insert ‘show

how it is raising the quality of outcomes of the most disadvantaged’.

Annette Brooke

Mr Roger Williams

Not called  34

Page  1,  line  8  [Clause  1],  at end insert—

‘(c)
show how it is raising the quality of outcomes of the most disadvantaged

young children.’.

Tim Loughton

Mrs Maria Miller

Mr Paul Goodman

Mr Nick Gibb

Miss Julie Kirkbride

Justine Greening

Not called  40

Page  1,  line  11  [Clause  1],  after ‘health’, insert ‘development’.

Tim Loughton

Mrs Maria Miller

Mr Paul Goodman

Mr Nick Gibb

Miss Julie Kirkbride

Justine Greening

Not called  52

Page  2,  line  1  [Clause  1],  at end insert—

‘(f)
their relationship with their parents or carers.’.

Annette Brooke

Mr Roger Williams

Not selected  33

Page  2,  line  2  [Clause  1],  leave out ‘set targets for’ and insert ‘monitor the

performance of’.