Childcare Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 4 — Miscellaneous and General
53

(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
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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
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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
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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
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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);
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“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
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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;
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“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
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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;
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“regulations” means regulations made by the Assembly.

Childcare Bill
Part 4 — Miscellaneous and General
54

Disqualification for registration under Children Act 1989
102
Disqualification for registration under Children Act 1989
(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)—
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(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;”.
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(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
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any part of the United Kingdom.”.

General
103
Minor and consequential amendments and repeals
(1)
Schedule 2 (which contains minor and consequential amendments) has effect.
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(2)
The enactments specified in Schedule 3 are repealed to the extent specified.
104
Subordinate legislation: general provisions
(1)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act is exercisable by statutory instrument.
(2)
Any power of the Secretary of State or the Assembly to make an order or
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regulations under this Act includes power—
(a)
to make different provision for different cases or areas;
(b)
to make provision generally or in relation to specific cases;
(c)
to make such incidental, supplementary, saving or transitional
provision as the Secretary of State or the Assembly thinks fit.
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105
Subordinate legislation: parliamentary control
(1)
A statutory instrument containing an order or regulations made by the
Secretary of State under this Act is subject to annulment in pursuance of a
resolution of either House of Parliament.
(2)
Subsection (1) does not apply to—
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(a)
an order under section 109(2) (commencement), or
(b)
an order to which subsection (3) applies.

Childcare Bill
Part 4 — Miscellaneous and General
55

(3)
A statutory instrument which contains (whether alone or with other
provisions) —
(a)
an order under section 5,
(b)
an order under section 41(4), or
(c)
an order under section 94,
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may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
106
General interpretation etc.
In this Act—
“the Assembly” means the National Assembly for Wales;
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“child” means a person under the age of 18;
“English local authority” means—
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
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no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London (in their capacity as
a local authority);
(f)
the Council of the Isles of Scilly;
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“independent school” has the same meaning as in the Education Act 1996
(c. 56);
“maintained school” means a community, foundation or voluntary
school, a community or foundation special school or a maintained
nursery school;
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“maintained nursery school” has the same meaning as in the School
Standards and Framework Act 1998 (c. 31);
“parental responsibility” has the same meaning as in the Children Act
1989 (c. 41);
“registered pupil” has the same meaning as in the Education Act 1996;
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“school” has the same meaning as in the Education Act 1996;
“Welsh local authority” means a county council or county borough
council in Wales;
“well-being”, in relation to children, has the meaning given by section
1(2).
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107
Financial provisions
There shall be paid out of money provided by Parliament—
(a)
any expenses incurred by a Minister of the Crown or government
department under or by virtue of this Act, and
(b)
any increase attributable to this Act in the sums which under any other
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Act are payable out of money so provided.
108
Isles of Scilly
Parts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect
subject to such exceptions, adaptations and modifications as the Secretary of
State may by order prescribe.
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Childcare Bill
Part 4 — Miscellaneous and General
56

109
Commencement
(1)
This section, sections 104 to 108 and sections 110 and 111 come into force on the
day on which this Act is passed.
(2)
The other provisions of this Act come into force in accordance with provision
made by order by the appropriate authority (as determined under section 110).
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110
The appropriate authority by whom commencement order is made
(1)
This section has effect for determining who is the appropriate authority for the
purposes of section 109(2).
(2)
In relation to Parts 1 and 3 (including Schedule 1) and sections 99 and 100, the
appropriate authority is the Secretary of State.
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(3)
In relation to Part 2 and section 101, the appropriate authority is the Assembly.
(4)
In relation to section 102, the appropriate authority is—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Assembly.
(5)
In relation to section 103(1) and Schedule 2, the appropriate authority is—
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(a)
for paragraphs 17(5)(b) and (c), 19 to 23, 26, 30, 31(4) and 33 of that
Schedule (and section 103(1) so far as relating to those provisions)—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly,
(b)
for paragraph 27 of that Schedule (and section 103(1) so far as relating
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to that paragraph), the Assembly, and
(c)
for the other provisions of that Schedule (and section 103(1) so far as
relating to those provisions), the Secretary of State.
(6)
In relation to section 103(2) and Schedule 3, the appropriate authority is—
(a)
for a repeal contained in Part 1 of that Schedule, the Secretary of State,
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and
(b)
for a repeal contained in Part 2 of that Schedule, the appropriate
authority for the purposes of 109(2) in relation to the provision on
which the repeal is consequential.
111
Short title and extent
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(1)
This Act may be cited as the Childcare Act 2006.
(2)
Any amendment or repeal made by this Act has the same extent as the
provision amended or repealed.
(3)
Except as provided by subsection (2), this Act extends to England and Wales
only.
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