Childcare Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 2 — General Functions of Local Authority: Wales
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Powers of Assembly to secure proper performance etc.
(1)
Section 496 of the 1996 Act (power to prevent unreasonable exercise of
functions) applies in relation to a Welsh local authority and the powers
conferred or duties imposed on them by or under this Part as it applies in
relation to a local education authority in Wales and the powers conferred or
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duties imposed on them by or under the 1996 Act.
(2)
Section 497 of the 1996 Act (general default powers) applies in relation to the
duties imposed on a Welsh local authority by or for the purposes of this Part as
it applies in relation to the duties imposed on a local education authority in
Wales by or for the purposes of the 1996 Act.
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(3)
Section 497A of the 1996 Act (power to secure proper performance of LEA’s
functions) applies in relation to a Welsh local authority’s functions under this
Part as it applies in relation to the functions of a local education authority in
Wales mentioned in subsection (1) of that section.
(4)
Sections 497AA and 497B of the 1996 Act apply accordingly where powers
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under section 497A of that Act are exercised in relation to any of the functions
of a Welsh local authority under this Part.
(5)
In the application of sections 497A(2) to (7), 497AA and 497B of the 1996 Act in
relation to a Welsh local authority’s functions under this Part, references to the
local education authority are to be read as references to the local authority.
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(6)
In subsection (5) of section 497A of the 1996 Act, the reference to functions to
which that section applies includes (for all purposes) functions of a Welsh local
authority under this Part.
(7)
In this section, “the 1996 Act” means the Education Act 1996 (c. 56).
Interpretation
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Interpretation of Part 2
In this Part—
“childcare” means—
(a)
child minding or day care within the meaning of Part 10A the
Children Act 1989 (c. 41) in respect of which the provider is
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required to be registered under that Part;
(b)
care provided by a person of a description approved in
accordance with a scheme made by the Assembly under section
12(5) of the Tax Credits Act 2002 (c. 21);
“prescribed” means prescribed by regulations made by the Assembly.
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Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 1 — General functions of Chief Inspector
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Part 3
Regulation of Provision of Childcare in England
Chapter 1
General functions of Chief Inspector
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General functions of the Chief Inspector
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(1)
The Chief Inspector has the general duty of keeping the Secretary of State
informed about—
(a)
the contribution of regulated early years provision in England to the
well-being of children for whom it is provided;
(b)
the quality and standards of regulated early years provision in
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England;
(c)
how far regulated early years provision in England meets the needs of
the range of children for whom it is provided;
(d)
the quality of leadership and management in connection with
regulated early years provision in England.
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(2)
In subsection (1), “regulated early years provision” means early years
provision in respect of which a person is required to be registered under
Chapter 2 or in respect of which he would be required to be registered under
that Chapter but for section 34(2) (exemption for provision for children aged 3
or over at certain schools).
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(3)
When asked to do so by the Secretary of State, the Chief Inspector must give
advice to the Secretary of State on such matters relating to early years provision
or later years provision in England as may be specified in the Secretary of
State’s request.
(4)
The Chief Inspector may at any time give advice to the Secretary of State on any
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matter connected with—
(a)
early years provision or later years provision in England generally, or
(b)
early years provision or later years provision in England by particular
persons or on particular premises.
(5)
The Chief Inspector is to have such other functions in connection with early
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years provision or later years provision in England as may be assigned to him
by the Secretary of State.
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Maintenance of the two childcare registers
(1)
The Chief Inspector must maintain two registers.
(2)
The first register (“the early years register”) is to be a register of all persons who
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are registered as early years childminders or other early years providers under
Chapter 2 (which provides for the compulsory registration of persons
providing early years provision).
(3)
The second register (“the general childcare register”) is to be divided into two
Parts.
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(4)
The first Part (“Part A”) is to be a register of all persons who are registered as
later years childminders or other later years providers under Chapter 3 (which

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
16

provides for the compulsory registration of persons providing later years
provision for children under the age of eight).
(5)
The second Part (“Part B”) is to be a register of all persons who are registered
as childminders or other childcare providers under Chapter 4 (which provides
for the voluntary registration of persons providing early years provision or
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later years provision in respect of which they are not required to be registered
under Chapter 2 or 3).
Chapter 2
Regulation of early years provision
Requirements to register
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Requirement to register: early years childminders
(1)
A person may not provide early years childminding in England unless he is
registered in the early years register as an early years childminder.
(2)
The Secretary of State may by order provide that, in circumstances specified in
the order, subsection (1) does not apply in relation to early years childminding.
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(3)
The circumstances specified in an order under subsection (2) may relate to one
or more of the following matters (among others)—
(a)
the person providing the early years childminding;
(b)
the child or children for whom it is provided;
(c)
the nature of the early years childminding;
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(d)
the premises on which it is provided;
(e)
the times during which it is provided;
(f)
the arrangements under which it is provided.
(4)
If it appears to the Chief Inspector that a person has provided early years
childminding in contravention of subsection (1), he may serve a notice (“an
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enforcement notice”) on the person.
(5)
An enforcement notice may be served on a person—
(a)
by delivering it to him, or
(b)
by sending it by post.
(6)
An enforcement notice has effect until it is revoked by the Chief Inspector.
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(7)
A person commits an offence if, at any time when an enforcement notice has
effect in relation to him and without reasonable excuse, he provides early years
childminding in contravention of subsection (1).
(8)
A person guilty of an offence under subsection (7) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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Requirement to register: other early years providers
(1)
A person may not provide—
(a)
early years provision on premises in England which are not domestic
premises, or

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
17

(b)
early years provision on domestic premises in England which would be
early years childminding but for section 96(5),

unless he is registered in the early years register in respect of the premises.
(2)
Subsection (1) does not apply in relation to early years provision for a child or
children who has (or have) attained the age of three if—
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(a)
the provision is made at any of the following schools as part of the
school’s activities—
(i)
a maintained school,
(ii)
a school approved by the Secretary of State under section 342 of
the Education Act 1996 (c. 56) (approval of non-maintained
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special schools), or
(iii)
an independent school,
(b)
the provision is made by the proprietor of the school or a person
employed to work at the school, and
(c)
the child is a registered pupil at the school or, if the provision is made
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for more than one child, at least one of the children is a registered pupil
at the school.
(3)
The Secretary of State may by order provide that, in circumstances specified in
the order, subsection (1) does not apply in relation to early years provision.
(4)
The circumstances specified in an order under subsection (3) may relate to one
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or more of the following matters (among others)—
(a)
the person providing the early years provision;
(b)
the child or children for whom it is provided;
(c)
the nature of the early years provision;
(d)
the premises on which it is provided;
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(e)
the times during which it is provided;
(f)
the arrangements under which it is provided.
(5)
A person commits an offence if, without reasonable excuse, he provides early
years provision in contravention of subsection (1).
(6)
A person guilty of an offence under subsection (5) is liable on summary
30
conviction to a fine not exceeding level 5 on the standard scale.
Process of registration
35
Applications for registration: early years childminders
(1)
A person who proposes to provide early years childminding in respect of
which he is required by section 33(1) to be registered may make an application
35
to the Chief Inspector for registration as an early years childminder.
(2)
An application under subsection (1) must—
(a)
give any prescribed information about prescribed matters,
(b)
give any other information which the Chief Inspector reasonably
requires the applicant to give, and
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(c)
be accompanied by any prescribed fee.
(3)
The Chief Inspector must grant an application under subsection (1) if—
(a)
the applicant is not disqualified from registration by regulations under
section 75, and

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
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(b)
it appears to the Chief Inspector that any requirements prescribed for
the purposes of this subsection (“the prescribed requirements for
registration”) are satisfied and are likely to continue to be satisfied.
(4)
The Chief Inspector must refuse any application under subsection (1) which
subsection (3) does not require him to grant.
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(5)
The prescribed requirements for registration may include requirements
relating to—
(a)
the applicant;
(b)
the premises on which the early years childminding is to be provided;
(c)
the arrangements for early years childminding on those premises;
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(d)
any person who may be caring for children on those premises;
(e)
any other person who may be on those premises.
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Applications for registration: other early years providers
(1)
A person who proposes to provide on any premises early years provision in
respect of which he is required by section 34(1) to be registered may make an
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application to the Chief Inspector for registration as an early years provider in
respect of the premises.
(2)
An application under subsection (1) must—
(a)
give any prescribed information about prescribed matters,
(b)
give any other information which the Chief Inspector reasonably
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requires the applicant to give, and
(c)
be accompanied by any prescribed fee.
(3)
The Chief Inspector must grant an application under subsection (1) if—
(a)
the applicant is not disqualified from registration by regulations under
section 75, and
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(b)
it appears to the Chief Inspector that any requirements prescribed for
the purposes of this subsection (“the prescribed requirements for
registration”) are satisfied and are likely to continue to be satisfied.
(4)
The Chief Inspector must refuse any application under subsection (1) which
subsection (3) does not require him to grant.
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(5)
The prescribed requirements for registration may include requirements
relating to—
(a)
the applicant;
(b)
the premises on which the early years provision is to be provided;
(c)
the arrangements for early years provision on those premises;
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(d)
any person who may be caring for children on those premises;
(e)
any other person who may be on those premises.
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Entry on the register and certificates
(1)
If an application under section 35(1) is granted, the Chief Inspector must—
(a)
register the applicant in the early years register as an early years
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childminder, and
(b)
give the applicant a certificate of registration stating that he is so
registered.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
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(2)
If an application under section 36(1) is granted, the Chief Inspector must—
(a)
register the applicant in the early years register as an early years
provider other than a childminder, in respect of the premises in
question, and
(b)
give the applicant a certificate of registration stating that he is so
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registered.
(3)
A certificate of registration given to the applicant in pursuance of subsection
(1) or (2) must contain prescribed information about prescribed matters.
(4)
If there is a change of circumstances which requires the amendment of a
certificate of registration, the Chief Inspector must give the registered early
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years provider an amended certificate.
(5)
If the Chief Inspector is satisfied that a certificate of registration has been lost
or destroyed, the Chief Inspector must give the registered early years provider
a copy, on payment by the provider of any prescribed fee.
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Conditions on registration
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(1)
The Chief Inspector may impose such conditions as he thinks fit on the
registration of an early years provider under this Chapter.
(2)
The power conferred by subsection (1) may be exercised at the time when the
Chief Inspector registers the person in pursuance of section 37 or at any
subsequent time.
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(3)
The Chief Inspector may at any time vary or remove any condition imposed
under subsection (1).
(4)
The power conferred by subsection (1) includes power to impose conditions for
the purpose of giving effect to an order under subsection (1)(a) of section 39 or
regulations under subsection (1)(b) of that section.
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(5)
An early years provider registered under this Chapter commits an offence if,
without reasonable excuse, he fails to comply with any condition imposed
under subsection (1).
(6)
A person guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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Requirements to be met by early years providers
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The Early Years Foundation Stage
(1)
For the purpose of promoting the well-being of young children for whom early
years provision is provided by early years providers to whom section 40
applies, the Secretary of State must—
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(a)
by order specify in accordance with section 41 such requirements as he
considers appropriate relating to learning by, and the development of,
such children (“learning and development requirements”), and
(b)
by regulations specify in accordance with section 43 such requirements
as he considers appropriate governing the activities of early years
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providers to whom section 40 applies (“welfare requirements”).
(2)
The learning and development requirements and the welfare requirements are
together to be known as “the Early Years Foundation Stage”.