Childcare Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
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Duty to implement Early Years Foundation Stage
(1)
This section applies to—
(a)
early years providers providing early years provision in respect of
which they are registered under this Chapter, and
(b)
early years providers providing early years provision in respect of
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which, but for section 34(2) (exemption for provision for children aged
3 or over at certain schools), they would be required to be registered
under this Chapter.
(2)
An early years provider to whom this section applies—
(a)
must secure that the early years provision meets the learning and
10
development requirements, and
(b)
must comply with the welfare requirements.
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The learning and development requirements
(1)
The learning and development requirements must cover the areas of learning
and development specified in subsection (3).
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(2)
The learning and development requirements may specify in relation to each of
the areas of learning and development—
(a)
the knowledge, skills and understanding which young children of
different abilities and maturities are expected to have before the 1st
September next following the day on which they attain the age of five
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(“early learning goals”);
(b)
the matters, skills and processes which are required to be taught to
young children of different abilities and maturities (“educational
programmes”), and
(c)
the arrangements which are required for assessing children for the
25
purpose of ascertaining what they have achieved in relation to the early
learning goals (“assessment arrangements”).
(3)
The areas of learning and development are as follows—
(a)
personal, social and emotional development,
(b)
communication, language and literacy,
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(c)
problem solving, reasoning and numeracy,
(d)
knowledge and understanding of the world,
(e)
physical development, and
(f)
creative development.
(4)
The Secretary of State may by order amend subsection (3).
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(5)
A learning and development order may not require—
(a)
the allocation of any particular period or periods of time to the teaching
of any educational programme or any matter, skill or process forming
part of it, or
(b)
the making in the timetables of any early years provider of provision of
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any particular kind for the periods to be allocated to such teaching.
(6)
In this section “a learning and development order” means an order under
section 39(1)(a).

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
21

42
Further provisions about assessment arrangements
(1)
A learning and development order specifying assessment arrangements may
confer or impose on any of the persons mentioned in subsection (2) such
functions as appear to the Secretary of State to be required.
(2)
Those persons are—
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(a)
an early years provider,
(b)
the governing body or head teacher of a maintained school in England,
and
(c)
an English local authority.
(3)
A learning and development order may specify such assessment arrangements
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as may for the time being be made by a person specified in the order.
(4)
Provision must be made for determining the extent to which any assessment
arrangements, and the implementation of the arrangements, achieve the
purpose for which the arrangements were made; and any such provision may
be made by or under the learning and development order specifying the
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arrangements or (where the order specifies the person making the
arrangements) in the arrangements themselves.
(5)
The duties that may be imposed by virtue of subsection (1) include, in relation
to persons exercising any power in pursuance of provision made by virtue of
subsection (4), the duty to permit them—
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(a)
to enter premises on which the early years provision is provided,
(b)
to observe implementation of the arrangements, and
(c)
to inspect, and take copies of, documents and other articles.
(6)
A learning and development order specifying assessment arrangements may
authorise the making of such provisions giving full effect to or otherwise
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supplementing the provisions made by the order (other than provision
conferring or imposing functions as mentioned in subsection (1)) as appear to
the Secretary of State to be expedient; and any provisions made under such an
order, on being published as specified in the order, are to have effect for the
purposes of this Chapter as if made by the order.
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(7)
In this section “a learning and development order” means an order under
section 39(1)(a).
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Welfare requirements
(1)
The matters that may be dealt with by welfare regulations include—
(a)
the welfare of the children concerned;
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(b)
the arrangements for safeguarding the children concerned;
(c)
suitability of persons to care for, or be in regular contact with, the
children concerned;
(d)
qualifications and training;
(e)
the suitability of premises and equipment;
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(f)
the manner in which the early years provision is organised;
(g)
procedures for dealing with complaints;
(h)
the keeping of records;
(i)
the provision of information.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
22

(2)
Before making welfare regulations, the Secretary of State must consult the
Chief Inspector and any other persons he considers appropriate.
(3)
Welfare regulations may provide—
(a)
that a person who without reasonable excuse fails to comply with any
requirement of the regulations is guilty of an offence, and
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(b)
that a person guilty of the offence is liable on summary conviction to a
fine not exceeding level 5 on the standard scale.
(4)
In this section “welfare regulations” means regulations under section 39(1)(b).
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Instruments specifying learning and development or welfare requirements
(1)
A relevant instrument may, instead of containing the provisions to be made,
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refer to provisions in a document published as specified in the instrument and
direct that those provisions are to have effect or, as the case may be, are to have
effect as specified in the instrument.
(2)
The power to make a relevant instrument may be exercised so as to confer
powers or impose duties on the Chief Inspector in the exercise of his functions
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under this Part.
(3)
In particular, that power may be exercised so as to require or authorise the
Chief Inspector, in exercising those functions, to have regard to factors,
standards and other matters prescribed by or referred to in the instrument.
(4)
If a relevant instrument requires any person (other than the Chief Inspector) to
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have regard to or meet factors, standards and other matters prescribed by or
referred to in the instrument, the instrument may also provide for any
allegation that the person has failed to do so to be taken into account—
(a)
by the Chief Inspector in the exercise of his functions under this Part, or
(b)
in any proceedings under this Part.
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(5)
In this section “a relevant instrument” means an order under subsection (1)(a)
of section 39 or regulations under subsection (1)(b) of that section.
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Procedure for making certain orders
(1)
This section applies where the Secretary of State proposes to make an order
under section 39(1)(a) specifying early learning goals or educational
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programmes.
(2)
The Secretary of State must give notice of the proposal—
(a)
to such bodies representing the interests of early years providers as the
Secretary of State considers appropriate, and
(b)
to any other persons with whom consultation appears to the Secretary
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of State to be desirable,

and must give them a reasonable opportunity of submitting evidence and
representations as to the issues arising.
(3)
When the Secretary of State has considered any evidence and representations
submitted to him in pursuance of subsection (2), he must publish in such
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manner as, in his opinion, is likely to bring them to the notice of persons having
a special interest in early years provision—
(a)
a draft of the proposed order and any associated document, and
(b)
a summary of the views expressed during the consultation.

Childcare Bill
Part 3 — Regulation of Provision of Childcare in England
Chapter 2 — Regulation of early years provision
23

(4)
The Secretary of State must allow a period of not less than one month
beginning with the publication of the draft of the proposed order for the
submission of any further evidence and representations as to the issues arising.
(5)
When the period so allowed has expired, the Secretary of State may make the
order, with or without modifications.
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Power to enable exemptions to be conferred
(1)
Regulations may enable the Secretary of State, in prescribed circumstances, to
direct in respect of a particular early years provider or a particular description
of early years providers, that to such extent as may be prescribed the learning
and development requirements—
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(a)
do not apply, or
(b)
apply with such modifications as may be specified in the direction.
(2)
Regulations may enable an early years provider, in prescribed circumstances,
to determine in respect of a particular young child that to such extent as may
be prescribed the learning and development requirements—
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(a)
do not apply, or
(b)
apply with such modifications as may be specified in the
determination.
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Independent schools
(1)
In section 157 of the Education Act 2002 (independent school standards) after
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subsection (1) insert—
“(1A)
In relation to England, the standards do not apply to early years
provision for pupils who have not attained the age of three (separate
requirements as to such provision being imposed by or under Part 3 of
the Childcare Act 2006).”
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(2)
For subsection (2) substitute—
“(2)
In this Chapter “independent school standards” means—
(a)
the standards for the time being prescribed under this section,
and
(b)
in relation to early years provision in England for pupils who
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have attained the age of three, the Early Years Foundation
Stage.”
(3)
In section 171 of that Act (interpretation of Chapter 1 of Part 10), after the
definition of “Chief Inspector” insert—
“ “early years provision”, in relation to England, has the meaning
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given by section 96(2) of the Childcare Act 2006;”.
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Amendments relating to curriculum
Schedule 1 (which contains amendments relating to the preceding provisions
of this Chapter, including amendments excluding or modifying the application
to early years provision of provisions of Part 6 of the Education Act 2002 (c. 32))
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has effect.