Childcare Bill

House of Lords

Session 2005 - 06
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Childcare Bill

Childcare Bill
Schedule 1 — Amendments relating to the curriculum
57

Schedules
Schedule 1
Section 48

Amendments relating to the curriculum
Interpretation
1
In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).
5
Education Act 1997 (c. 44)
2     (1)
Section 23 of the Education Act 1997 (functions of Qualifications and
Curriculum Authority) is amended as follows.
      (2)
In subsection (1), omit paragraph (c) and the word “and” immediately
preceding it.
10
      (3)
After subsection (2) insert—
“(2ZA)
If the Secretary of State so provides by order, the Qualifications and
Curriculum Authority shall also have—
(a)
such additional functions as may be specified in the order
with respect to pupils falling within subsection (1)(a) or (b)
15
who are young children, and
(b)
such functions as may be specified in the order with respect
to children not falling within subsection (1)(a) or (b) for
whom early years provision is provided in England by early
years providers to whom section 40 of the Childcare Act 2006
20
(duty to implement Early Years Foundation Stage) applies.”
(2ZB)
Before making an order under subsection (2ZA), the Secretary of
State shall consult the Qualifications and Curriculum Authority.”
      (4)
Omit subsection (2A).
      (5)
In subsection (5)
25
(a)
for the definition of “funded nursery education” and the “and”
immediately following it substitute—
“ “early years provider” and “early years provision”
have the same meaning as in Part 3 of the Childcare
Act 2006;”, and
30
(b)
at the end insert—
“ “young children” has the same meaning as in Part 3 of
the Childcare Act 2006.”

Childcare Bill
Schedule 1 — Amendments relating to the curriculum
58

Education Act 2002 (c. 32)
3     (1)
Section 76 of the 2002 Act (interpretation of Part 6) is amended as follows.
      (2)
For the definition of “assessment arrangements” substitute—
“ “assessment arrangements”, in relation to a key stage, means
the arrangements for assessing pupils in respect of that stage
5
for the purpose of ascertaining what they have achieved in
relation to the attainment targets for that stage;”.
      (3)
Omit the definitions of “early learning goals”, “the foundation stage”, and
“pupil”.
      (4)
In the definition of “school year”, omit the words from “and has a
10
corresponding” to the end.
4
Omit section 77 of the 2002 Act (meaning of “nursery education” and related
expressions).
5
In section 78 of the 2002 Act (general requirements in relation to the
curriculum), omit subsection (2).
15
6     (1)
Section 79 of the 2002 Act (duty to implement general requirements) is
amended as follows.
      (2)
For subsections (1) and (2) substitute—
“(1)
The Secretary of State shall exercise his functions with a view to
securing that the curriculum for every maintained school or
20
maintained nursery school satisfies the requirements of section 78.
(2)
Every local education authority in England shall exercise their
functions with a view to securing that the curriculum for every
maintained school or maintained nursery school which they
maintain satisfies the requirements of section 78.”
25
      (3)
In subsection (4)(b), omit the words from “or the” to “nursery school”.
      (4)
Omit subsection (5).
7     (1)
Section 80 of the 2002 Act (basic curriculum for maintained school) is
amended as follows.
      (2)
In subsection (1)(b), for “who have attained the age of three” substitute “who
30
have ceased to be young children for the purposes of Chapter 1 of Part 1 of
the Childcare Act 2006”.
      (3)
In subsection (2)(a), for “a nursery class in a primary school” substitute
“pupils who are under compulsory school age”.
8
Omit section 81 of the 2002 Act (the foundation stage).
35
9
Omit section 83 of the 2002 Act (curriculum requirements for the foundation
stage).
10    (1)
Section 87 of the 2002 Act (establishment of National Curriculum by order)
is amended as follows.

Childcare Bill
Schedule 1 — Amendments relating to the curriculum
59

      (2)
For subsection (1) substitute—
“(1)
The Secretary of State shall so exercise the powers conferred by
subsection (3) as to revise the National Curriculum for England
whenever he considers it necessary or expedient to do so.”
      (3)
Omit subsection (2).
5
      (4)
In subsection (4), omit—
(a)
“(2) or”,
(b)
in paragraph (a), the words “the foundation stage or” and
“educational programme or”, and
(c)
in paragraph (b), the words from “(or the timetables” to “education)”.
10
      (5)
In subsection (5), omit “(2) or”.
      (6)
Omit subsection (6).
      (7)
In subsection (8), omit “(2)(c) or”.
      (8)
In subsection (10), omit—
(a)
“(6) or”, and
15
(b)
in paragraph (a) the words from “or” to “provided”.
      (9)
In subsection (11), omit “(2)(c) or” and “(6) or”.
11
Omit section 89 of the 2002 Act (implementation in respect of nursery
schools etc.).
12    (1)
Section 90 of the 2002 Act (development work and experiments) is amended
20
as follows.
      (2)
In subsection (1), omit “or maintained nursery school”.
      (3)
In subsection (3), omit “or a maintained nursery school”.
13
In section 93 of the 2002 Act (temporary exceptions for individual pupils), in
subsections (1) and (5), omit “or maintained nursery school”.
25
14
In section 94 of the 2002 Act (information concerning directions under
section 93), in subsection (4)(a), omit “or maintained nursery school”.
15
In section 96 of the 2002 Act (procedure for making certain orders and
regulations), in subsection (1)(a)—
(a)
omit “83(3)”, and
30
(b)
for “87(2)(a) or (b) or (3)(a) or (b)” substitute “87(3)(a) or (b)”.
16
In section 210 of the 2002 Act (orders and regulations)—
(a)
omit subsection (3)(c), and
(b)
in subsection (5)(b), for “87(2)(c) or (3)(c)” substitute “87(3)(c)”.

Childcare Bill
Schedule 2 — Minor and consequential amendments
60

Schedule 2
Section 103(1)

Minor and consequential amendments
Magistrates’ Courts Act 1980 (c. 43)
1
In section 65 of the Magistrates’ Courts Act 1980 (meaning of family
proceedings), in subsection (1) after paragraph (n) insert—
5
“(nza)
section 72 or section 79 of the Childcare Act 2006;”.
Supreme Court Act 1981 (c. 54)
2
In Schedule 1 to the Supreme Court Act 1981 (distribution of business in
High Court) in paragraph 3 (which deals with business assigned to the
Family Division) after paragraph (e) insert—
10
“(ea)
proceedings under section 79 of the Childcare Act 2006;”.
Children Act 1989 (c. 41)
3
In section 18 of the Children Act 1989 (day care for pre-school and other
children)—
(a)
in subsection (2), after “local authority” insert “in Wales”;
15
(b)
in subsection (6), after “local authority” insert “in Wales”.
4
In the heading of Part 10A of the Children Act 1989 (child minding and day
care for children in England and Wales), omit “England and”.
5
In Part 10A of the Children Act 1989 (including Schedule 9A) for “the
registration authority”, “a registration authority” or “the authority”,
20
wherever occurring, substitute (in each case) “the Assembly”.
6
In section 79B of the Children Act 1989 (other definitions etc.)—
(a)
omit subsection (1),
(b)
for subsection (2) substitute—
“(2)
In this Act “the Assembly” means the National Assembly for
25
Wales.”, and
(c)
for subsection (7) substitute—
“(7)
“Regulations” means regulations made by the Assembly.”
7
In section 79C of the Children Act 1989 (regulations etc. governing child
minders and day care providers), omit subsections (1), (4) and (5).
30
8
In section 79D of the Children Act 1989 (requirement to register)—
(a)
for subsection (1) substitute—
“(1)
No person shall act as a child minder in Wales unless he is
registered under this Part for child minding by the
Assembly.”,
35
(b)
in subsection (4) omit the words “(whether the contravention occurs
in England or Wales)”, and
(c)
in subsection (5), after “premises” insert “in Wales”.
9
In section 79H of the Children Act 1989 (suspension of registration), omit
subsection (3).
40

Childcare Bill
Schedule 2 — Minor and consequential amendments
61

10
In section 79K of the Children Act 1989 (protection of children in an
emergency), in subsection (1) after “registered” insert “under this Part”.
11
Omit sections 79N, 79Q and 79R of the Children Act 1989 (which relate only
to England).
12
In section 79S of the Children Act 1989 (general functions of the Assembly),
5
in subsection (2) omit the words from “but the regulations” to the end of the
subsection.
13
In section 79U of the Children Act 1989 (rights of entry etc.) in subsection (1)
omit “England or”.
14
In section 79V of the Children Act 1989 (function of local authorities), after
10
“local authority” insert “in Wales”.
15
In section 79W of the Children Act 1989 (requirement for certificate of
suitability), in subsection (1) after “children” (in the first place where it
occurs) insert “in Wales”.
16
In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b)
15
omit “England and”.
17    (1)
Schedule 9A to the Children Act 1989 (child minding and day care for young
children) is amended as follows.
      (2)
In the heading, after “children” insert “in Wales”.
      (3)
In paragraph 1 (exemption of certain schools), in sub-paragraph (1)(c), omit
20
“the Secretary of State or”.
      (4)
In paragraph 4 (disqualification for registration)—
(a)
in sub-paragraph (1), after “day care” insert “in Wales”,
(b)
in sub-paragraph (2)(f), after “Part XA” insert “or Part 3 of the
Childcare Act 2006”,
25
(c)
in sub-paragraph (3), after “day care” (in each place where it occurs)
insert “in Wales”,
(d)
in sub-paragraph (4), after “day care” (in each place where it occurs)
insert “in Wales”, and
(e)
in sub-paragraph (5), after “day care” (in each place where it occurs)
30
insert “in Wales”.
      (5)
In paragraph 5 (offences relating to disqualification)—
(a)
in sub-paragraph (1)(a)—
(i)
after “child minder” insert “in Wales”,
(ii)
after “child minding” insert “in Wales”,
35
(b)
in sub-paragraph (1)(b) for “any of sub-paragraphs (3) to (5)”
substitute “sub-paragraph (4) or (5)”, and
(c)
for sub-paragraph (2) substitute—
    “(2)
A person who contravenes sub-paragraph (4) of paragraph
4 shall not be guilty of an offence under this paragraph if—
40
(a)
he is disqualified for registration by virtue only of
regulations made under sub-paragraph (3) of
paragraph 4, and
(b)
he proves that he did not know, and had no
reasonable grounds for believing, that he was
45

Childcare Bill
Schedule 2 — Minor and consequential amendments
62

living in the same household as a person who was
disqualified for registration or in a household in
which such a person was employed.”
      (6)
In paragraph 6 (certificates of registration), in sub-paragraph (5)—
(a)
in paragraph (a) for “(in England or in Wales)” substitute “in Wales”,
5
and
(b)
in paragraph (b) after “any premises” insert “in Wales”.
      (7)
In paragraph 8 (co-operation between authorities), omit sub-paragraph (1).
Water Industry Act 1991 (c. 56)
18
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be
10
disconnected for non-payment of charges) for paragraph 12 substitute—
“12   (1)
Premises in England which are used for the provision of childcare
by a person who is registered (otherwise than as a childminder)
under Part 3 of the Childcare Act 2006 in respect of the premises.
      (2)
Premises in Wales which are used for the provision of day care for
15
children by a person who is registered under Part 10A of the
Children Act 1989 in respect of the premises.”
Education Act 1996 (c. 56)
19
In the heading to section 17 of the Education Act 1996, for “nursery
education” substitute “nursery schools”.
20
20
In section 318 of the Education Act 1996 (provision of goods and services in
connection with special educational needs), in subsection (3A)(a) for
“receiving relevant nursery education” substitute “receiving relevant early
years education”.
21    (1)
Section 329A of the Education Act 1996 (review or assessment of educational
25
needs at request of responsible body) is amended as follows.
      (2)
In subsection (11), for “relevant nursery education” substitute “relevant
early years education”.
      (3)
In subsection (13)(c), for “nursery”, in both places, substitute “early years”.
      (4)
For subsection (14) substitute—
30
“(14)
“Relevant early years education”—
(a)
in relation to England, has the same meaning as it has (in
relation to England) in section 123 of the School Standards
and Framework Act 1998 except that it does not include early
years education provided by a local education authority at a
35
maintained nursery school for a pupil at the school;
(b)
in relation to Wales, has the same meaning as it has (in
relation to Wales) in section 123 of the School Standards and
Framework Act 1998 except that it does not include early
years education provided by a local education authority at a
40
maintained nursery school.”
22
In section 509A of the Education Act 1996 (travel arrangements for children
receiving nursery education otherwise than at school)—

Childcare Bill
Schedule 2 — Minor and consequential amendments
63

(a)
in the heading and in each of subsections (1), (3) and (4) for “nursery
education” substitute “early years education”, and
(b)
for subsection (5) substitute—
“(5)
In this section “relevant early years education” means—
(a)
in relation to England, early years provision as
5
defined by section 20 of the Childcare Act 2006 which
is provided under arrangements made by a local
authority in England in pursuance of the duty
imposed by section 7 of that Act (whether or not the
local authority provides the early years provision);
10
(b)
in relation to Wales, nursery education which is
provided—
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of
financial assistance given by a local authority
15
under arrangements made by them in
pursuance of the duty imposed by section 118
of the School Standards and Framework Act
1998.”
23
In section 512 of the Education Act 1996 (LEA functions concerning
20
provision of meals etc.)—
(a)
in subsection (1)(c) for “relevant funded nursery education”
substitute “relevant funded early years education”, and
(b)
in subsection (6) for the definition of “relevant funded nursery
education” substitute—
25
““relevant funded early years education”, in relation to
a local education authority in England, means early
years provision as defined by section 20 of the
Childcare Act 2006 which is provided by a person,
other than the governing body of a maintained school
30
(within the meaning of section 20(7) of the School
Standards and Framework Act 1998) or a maintained
nursery school, under arrangements made by a local
authority in pursuance of the duty imposed by
section 7 of the 2006 Act (duty to secure prescribed
35
early years provision free of charge);
“relevant funded early years education”, in relation to a
local education authority in Wales, means education
provided by a person other than the governing body
of a maintained school (within the meaning of section
40
20(7) of the School Standards and Framework Act
1998) or a maintained nursery school—
(a)
under arrangements made with that person
by the authority in pursuance of the duty
imposed on the authority by section 118 of
45
that Act (duty of LEA to secure sufficient
nursery education), and
(b)
in consideration of financial assistance
provided by the authority under those
arrangements.”
50