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 5 — Common provisions
46

87
Offences by bodies corporate
(1)
This section applies where any offence under this Part is committed by a body
corporate.
(2)
If the offence is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, any director, manager or
5
other similar officer of the body corporate, or any person who was purporting
to act in any such capacity, he (as well as the body corporate) is guilty of the
offence and liable to be proceeded against and punished accordingly.
88
Unincorporated associations
(1)
Proceedings for an offence under this Part which is alleged to have been
10
committed by an unincorporated association must be brought in the name of
the association (and not in the name of any of its members).
(2)
For the purpose of any such proceedings, rules of court relating to the service
of documents are to have effect as if the association were a body corporate.
(3)
In proceedings for an offence under this Part brought against an
15
unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86)
and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as
they do in relation to a body corporate.
(4)
A fine imposed on an unincorporated association on its conviction of an
offence under this Part is to be paid out of the funds of the association.
20
(5)
If an offence under this Part by an unincorporated association is shown—
(a)
to have been committed with the consent or connivance of an officer of
the association or a member of its governing body, or
(b)
to be attributable to any neglect on the part of such an officer or
member,
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the officer or member as well as the association is guilty of the offence and
liable to be proceeded against and punished accordingly.
Miscellaneous
89
Fees
(1)
Regulations may require persons registered under any of Chapters 2 to 4 to pay
30
to the Chief Inspector at or by prescribed times fees of the prescribed amounts
in respect of the discharge by the Chief Inspector of his functions under this
Part.
(2)
Regulations under subsection (1) may prescribe circumstances in which—
(a)
the amount of a fee payable under the regulations may be varied in
35
accordance with the regulations;
(b)
a fee payable under the regulations may be waived.
90
Cases where consent to disclosure withheld
(1)
This section applies where the Chief Inspector—
(a)
is determining, for the purpose of deciding whether to grant an
40
application for registration under Chapter 2, 3 or 4, whether the

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Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
47

prescribed requirements for registration are satisfied and are likely to
be continued to be satisfied, or
(b)
is determining, for the purpose of deciding whether to cancel the
registration of any person under section 68(2)(a), whether the
prescribed requirements for registration have ceased, or will cease, to
5
be satisfied.
(2)
The Chief Inspector may, if regulations so provide and he thinks it appropriate
to do so, treat the prescribed requirements for registration as not being satisfied
or (as the case may be) as having ceased to be satisfied if for the purpose of his
determination—
10
(a)
the Chief Inspector has requested a person (“A”) to consent to the
disclosure by another person (“B”) to the Chief Inspector of information
which—
(i)
relates to A,
(ii)
is held by B, and
15
(iii)
is of a prescribed description, and
(b)
A does not give his consent or withdraws his consent after giving it.
91
Co-operation between authorities
(1)
If it appears to the Chief Inspector that any English local authority could, by
taking any specified action, help in the exercise of any of his functions under
20
this Part, he may request the help of the authority, specifying the action in
question.
(2)
An authority whose help is requested must comply with the request if it is
compatible with their own statutory and other duties and does not unduly
prejudice the discharge of any of their functions.
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92
Combined certificates of registration
(1)
This section applies if the Chief Inspector is required by virtue of this Part to
issue more than one certificate of registration to a person.
(2)
If the Chief Inspector considers it appropriate, he may combine any two or
more of those certificates in a single certificate (a combined certificate).
30
(3)
A combined certificate of registration must contain prescribed information
about prescribed matters.
(4)
If there is a change of circumstances which requires the amendment of a
combined certificate of registration, the Chief Inspector must give the
registered person an amended combined certificate.
35
(5)
If the Chief Inspector is satisfied that a combined certificate of registration has
been lost or destroyed, the Chief Inspector must give the registered person a
copy, on payment by that person of any prescribed fee.
93
Notices
(1)
This section applies in relation to notices required or authorised to be given to
40
any person by any of the following—
(a)
section 57(1) and (2);
(b)
section 65(1) and (2);

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Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(c)
section 70(1);
(d)
section 73(2), (4), (5), (7) and (9).
(2)
The notice may be given to the person in question—
(a)
by delivering it to him,
(b)
by sending it by post, or
5
(c)
subject to subsection (3), by transmitting it electronically.
(3)
If the notice is transmitted electronically, it is to be treated as given only if the
requirements of subsection (4) or (5) are met.
(4)
If the person required or authorised to give the notice is the Chief Inspector—
(a)
the person to whom the notice is required or authorised to be given
10
must have indicated to the Chief Inspector his willingness to receive
notices transmitted by electronic means and provided an address
suitable for that purpose, and
(b)
the notice must be sent to the address provided by him.
(5)
If the person required or authorised to give the notice is not the Chief Inspector,
15
the notice must be transmitted in such manner as the Chief Inspector may
require.
(6)
An indication given for the purposes of subsection (4) may be given generally
for the purposes of notices required or authorised to be given by the Chief
Inspector under this Part or may be limited to notices of a particular
20
description.
(7)
A requirement imposed by the Chief Inspector under subsection (5) must be
published in such manner as the Chief Inspector thinks appropriate for the
purpose of bringing it to the attention of persons who are likely to be affected
by it.
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(8)
In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section
73, notification authorised to be given to the Chief Inspector under subsection
(4) or (9) of that section may be given orally to a person authorised by the Chief
Inspector to receive such notification (as well as by any of the methods
mentioned in subsection (2)).
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94
Power to amend Part 3: applications in respect of multiple premises
The Secretary of State may by order—
(a)
amend this Part so as to enable an application for registration under
section 36(1), 55(1) or 63(1) to be made in respect of more than one set
of premises, and
35
(b)
make such further amendments of this Part as appear to him to be
necessary or expedient in consequence of the amendments made by
virtue of paragraph (a).
95
Certain institutions not to be regarded as schools
(1)
Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as
40
follows.
(2)
In subsection (1) after “In this Act” insert “(subject to subsection (1A))”.

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Part 3 — Regulation of Provision of Childcare in England
Chapter 5 — Common provisions
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(3)
After subsection (1) insert—
“(1A)
An institution which—
(a)
provides only early years provision (as defined by section 96(2)
of the Childcare Act 2006), and
(b)
is not a maintained nursery school,
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is not a school.”
Interpretation
96
Meaning of early years and later years provision etc.
(1)
This section applies for the purposes of this Part.
(2)
“Early years provision” means the provision of childcare for a young child.
10
(3)
“Early years provider” means a person who provides early years provision.
(4)
Subject to subsection (5), “early years childminding” means early years
provision on domestic premises for reward (and “early years childminder” is
to be read accordingly).
(5)
Early years provision on domestic premises for reward is not early years
15
childminding if at any time the number of persons providing the early years
provision on the premises or assisting with the provision exceeds three.
(6)
“Later years provision”, in relation to a child, means the provision of childcare
at any time during the period—
(a)
beginning with the 1st September next following the date on which he
20
attains the age of five, and
(b)
ending with such day as may be prescribed.
(7)
“Later years provider” means a person who provides later years provision.
(8)
Subject to subsection (9), “later years childminding” means later years
provision on domestic premises for reward (and “later years childminder” is to
25
be read accordingly).
(9)
Later years provision on domestic premises for reward is not later years
childminding if at any time the number of persons providing the later years
provision on the premises or assisting with the provision exceeds three.
97
Employees not to be regarded as providing childcare
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(1)
This section applies for the purposes of this Part.
(2)
Where an individual (“the employee”) is employed to care for a child by a
person who provides early years provision or later years provision for the
child, the employee is not to be regarded as providing early years provision or
(as the case may be) later years provision by virtue of anything done by him in
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the course of that employment.
98
Interpretation of Part 3
(1)
In this Part—

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Part 4 — Miscellaneous and General
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“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in
England;
“childcare” has the meaning given by section 18;
“domestic premises” means premises which are used wholly or mainly as
a private dwelling;
5
“early years provision” has the meaning given by section 96(2);
“early years provider” has the meaning given by section 96(3);
“early years childminding” and “early years childminder” have the
meanings given by section 96(4);
“later years provision” has the meaning given by section 96(6);
10
“later years provider” has the meaning given by section 96(7);
“later years childminding” and “later years childminder” have the
meanings given by section 96(8);
“premises” includes any area and any vehicle;
“prescribed” means prescribed by regulations;
15
“proprietor”, in relation to a school, has the same meaning as in the
Education Act 1996 (c. 56);
“regulations” means regulations made by the Secretary of State;
“the Tribunal” has the meaning given by section 69(11);
“young child” has the meaning given by section 19.
20
(2)
For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to
service by post), a notice or order which may by virtue of any provision of this
Part be sent by post to an applicant for registration or to a registered person is
to be treated as properly addressed if it is addressed to him at the address
notified by him to the Chief Inspector as the address to which correspondence
25
to him should be sent.
Part 4
Miscellaneous and General
Provision of information about children
99
Provision of information about young children: England
30
(1)
Regulations may make provision, in relation to England, requiring—
(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
35
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—
40
(a)
the Secretary of State, and
(b)
any prescribed person.

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(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.
5
(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—
10
(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
15
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—
20
(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.
25
(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
30
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
35
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
40
relating to children for whom such provision is made;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
100
Provision of information about young children: transitory provision
(1)
Section 99 has effect with the modifications specified in subsections (2) and (3)
45
until section 7 comes into force.

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(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)—
5
(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—
10
(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
15
(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—
20
“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
25
(c)
in the definition of “information collator” for “early years provision”
substitute “funded nursery education”.
101
Provision of information about children: Wales
(1)
Regulations may make provision, in relation to Wales, requiring—
(a)
a person who is registered under Part 10A of the Children Act 1989
30
(c. 41) to provide child minding or day care, and
(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—
35
(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—
40
(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
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(c)
to any person falling within a prescribed category.