Childcare Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Schedule 2 — Minor and consequential amendments
64

24    (1)
Section 515 of the Education Act 1996 (provision of teaching services for day
nurseries) is amended as follows.
      (2)
In subsection (1) after “a day nursery” insert “in England or Wales or to a
registered early years provider in England”.
      (3)
In subsection (3)—
5
(a)
in paragraph (b) after “the day nursery” insert “or (as the case may
be) the registered early years provider”, and
(b)
in paragraph (c) for the words from “including” to the end of the
paragraph substitute “including—
(i)
in relation to England, any charges to be imposed in
10
connection with the arrangements, and
(ii)
in relation to Wales, where the teacher’s school and the day
nursery are in the areas of different local education
authorities, financial adjustments between those authorities.”
      (4)
For subsection (4) substitute—
15
“(4)
In this section—
“day nursery” means a day nursery provided under section 18
of the Children Act 1989 (provision by local authorities of day
care for pre-school and other children);
“registered early years provider” means a person registered
20
under Part 3 of the Childcare Act 2006.”

25    (1)
Section 535 of the Education Act 1996 (provision of teaching services for day
nurseries) is amended as follows.
      (2)
In subsection (1) after “a day nursery” insert “in England and Wales or to a
25
registered early years provider in England”.
      (3)
In subsection (3)—
(a)
in paragraph (b) after “the day nursery” insert “or (as the case may
be) the registered early years provider”, and
(b)
in paragraph (c) for the words from “including” to the end of the
30
paragraph substitute “including—
(i)
in relation to England, any charges to be imposed in
connection with the arrangements, and
(ii)
in relation to Wales, where the teacher’s school and the day
nursery are in the areas of different local education
35
authorities, financial adjustments between those authorities.”
      (4)
For subsection (4) substitute—
“(4)
In this section—
“day nursery” means a day nursery provided under section 18
of the Children Act 1989 (provision by local authorities of day
40
care for pre-school and other children);
“registered early years provider” means a person registered
under Part 3 of the Childcare Act 2006.”

26    (1)
Section 548 of the Education Act 1996 (no right to give corporal punishment)
45
is amended as follows.

Childcare Bill
Schedule 2 — Minor and consequential amendments
65

      (2)
In subsection (1)(c) for “specified nursery education” substitute “specified
early years education”.
      (3)
For subsection (8) substitute—
“(8)
“Specified early years education” means—
(a)
in relation to England, early years provision as defined by
5
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, full-time or part-time education suitable
for children who have not attained compulsory school age
which is provided—
(i)
by a local education authority in Wales, or
(ii)
by any other person who is in receipt of financial
15
assistance given by such an authority under
arrangements made by them in pursuance of the duty
imposed by section 118 of the School Standards and
Framework Act 1998.”
Education Act 1997 (c. 44)
20
27
In section 38 of the Education Act 1997 (inspection of local education
authorities), in subsection (2A)(b), after “sections 25 and 26” insert “of the
Children Act 2004”.
Police Act 1997 (c. 50)
28
In section 113F of the Police Act 1997 (criminal record certificates:
25
supplementary), in subsection (1)—
(a)
before paragraph (a) insert—
“(za)
for the purposes of Part 3 of the Childcare Act 2006
(regulation of provision of childcare in England) and
regulations made under it, the applicant’s suitability
30
to look after or be in regular contact with children;”,
(b)
in paragraph (a), omit the words “England and”, and
(c)
in paragraph (c) omit the words “section 71 of the Children Act 1989
or”.
School Standards and Framework Act 1998 (c. 31)
35
29
In section 118 of the School Standards and Framework Act 1998 (duty of
LEA as respects availability of nursery education)—
(a)
in subsection (1) after “a local education authority” insert “in Wales”,
and
(b)
in subsection (2)(b) for “the Secretary of State” substitute “the
40
National Assembly for Wales”.
30
Section 118A of the School Standards and Framework Act 1998 (duties of
LEA in respect of childcare) is omitted.
31    (1)
Section 119 of the School Standards and Framework Act 1998 (early years
development and childcare partnerships) is amended as follows.
45

Childcare Bill
Schedule 2 — Minor and consequential amendments
66

      (2)
In subsection (1), after “local education authority” insert “in Wales”.
      (3)
In subsection (2), for “the Secretary of State” substitute “the Assembly”.
      (4)
In subsection (5), omit paragraph (ab).
      (5)
In subsection (6), for “The Secretary of State” substitute “The Assembly”.
32    (1)
Section 122 of the School Standards and Framework Act 1998 (inspection of
5
nursery education) is amended as follows.
      (2)
In the heading, after “nursery education” insert “in Wales”.
      (3)
In subsection (1), after “nursery education” insert “in Wales”.
33
In section 123 of the School Standards and Framework Act 1998 (children
with special educational needs)—
10
(a)
in subsections (1)(a), (2) and (3A) for “relevant nursery education”
substitute “relevant early years education”, and
(b)
for subsection (4) substitute—
“(4)
In this section “relevant early years education” means—
(a)
in relation to England, early years provision as
15
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);
20
(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 such an authority
25
under arrangements made by them in
pursuance of the duty imposed by section
118.”
34
In section 142 of the School Standards and Framework Act 1998 (general
interpretation) for subsection (5) substitute—
30
“(5)
For the purposes of this Act children are to be regarded as admitted
to a school for nursery education if—
(a)
in the case of a school in England, they are admitted for early
years provision as defined by section 20 of the Childcare Act
2006 and are not, or are not to be, placed on admission in a
35
reception class or any more senior class, and
(b)
in the case of a school in Wales, if they are, or are to be, placed
on admission in a nursery class.”
35    (1)
Schedule 26 to the School Standards and Framework Act 1998 (inspection of
nursery education) is amended as follows.
40
      (2)
In the title of the Schedule after “nursery education” insert “in Wales”.
      (3)
In paragraph 1(1)—
(a)
in paragraph (za) after “school” (in each place where it occurs) insert
“in Wales”;
(b)
in paragraph (a) after “local education authority” insert “in Wales”;
45

Childcare Bill
Schedule 2 — Minor and consequential amendments
67

(c)
in paragraph (b) after “local education authority” insert “in Wales”.
      (4)
In paragraph 1(2) after “local education authority” insert “in Wales”.
      (5)
In paragraph 1(3)(b)(ii) after “local education authority” insert “in Wales”.
      (6)
In paragraph 2(1)—
(a)
omit paragraph (a), and
5
(b)
for paragraph (c) substitute—
“(c)
“the Chief Inspector” (without more) means the
Chief Inspector for Wales.”
      (7)
For paragraph 2(5) substitute—
    “(5)
In this Schedule, “well-being” in relation to children for whom
10
nursery education is provided in Wales, is a reference to their
well-being having regard to the matters mentioned in section 25(2)
of the Children Act 2004.”
      (8)
In paragraph 3 for “the Secretary of State” substitute “the Assembly”.
      (9)
In paragraph 4—
15
(a)
for “the Secretary of State” (in both places where it occurs) substitute
“the Assembly”, and
(b)
for “the Secretary of State’s” substitute “the Assembly’s”.
     (10)
In paragraph 5 for “the Secretary of State” substitute “the Assembly”.
     (11)
Omit the following—
20
(a)
paragraph 6A,
(b)
in the cross-heading before paragraph 7, the words “6A or”,
(c)
in paragraph 7, the words “6A or”,
(d)
paragraph 13A,
(e)
paragraph 14(1),
25
(f)
in paragraph 16, the words “6A or”, and
(g)
in paragraph 18, sub-paragraphs (1)(a) and (4)(a).
Protection of Children Act 1999 (c. 14)
36
In section 2A of the Protection of Children Act 1999 (power of certain
authorities to refer individuals for inclusion in list of persons considered
30
unsuitable to work with children), in subsection (1)(a) for “or Part XA of the
Children Act 1989” substitute “, Part 10A of the Children Act 1989 or Part 3
of the Childcare Act 2006”.
37
In section 9 of the Protection of Children Act 1999 (the Tribunal), in
subsection (2)—
35
(a)
omit the “or” at the end of paragraph (e), and
(b)
at the end of paragraph (f) insert “or—
(g)
on an appeal under, or by virtue of, Part 3 of the Childcare
Act 2006.”
Criminal Justice and Court Services Act 2000 (c. 43)
40
38
In section 36 of the Criminal Justice and Court Services Act 2000 (meaning of

Childcare Bill
Schedule 2 — Minor and consequential amendments
68

“regulated position”) in subsection (13) for paragraph (c) substitute—
“(c)
in relation to England—
(i)
a person registered under Part 3 of the Childcare Act
2006, otherwise than as a childminder, for providing
care on premises on which the child is cared for,
5
(ii)
a person registered under Part 3 of that Act as a
childminder who is providing early years or later
years childminding (within the meaning of that Part
of that Act) for the child,
(ca)
in relation to Wales, a person registered under Part 10A of the
10
Children Act 1989 for providing day care on premises on
which the child is cared for, and”.
39
In section 42 of the Criminal Justice and Court Services Act 2000
(interpretation of Part 2) in subsection (1) for the definition of “day care
premises” substitute—
15
“ “day care premises” means—
(a)
in relation to England, premises in respect of which a
person is registered, otherwise than as a childminder,
under Part 3 of the Childcare Act 2006,
(b)
in relation to Wales, premises in respect of which a
20
person is registered under Part 10A of the Children
Act 1989 for providing day care,”.
Education Act 2002 (c. 32)
40
In section 153 of the Education Act 2002 (powers of LEA in respect of funded
nursery education)—
25
(a)
in subsection (1), after “local education authority” insert “in Wales”,
and
(b)
in subsection (2)(a), omit “the Secretary of State or (as respects local
education authorities in Wales)”.
41
In section 176 of the Education Act 2002 (consultation with pupils) in
30
subsection (3) for the definition of “pupil” substitute—
“ “pupil” does not include a child who is being provided with
early years education (whether at a school or elsewhere) and,
for this purpose, “early years education” means—
(a)
in relation to England, early years provision as
35
defined by section 20 of the Childcare Act 2006, and
(b)
in relation to Wales, nursery education.”
Children Act 2004 (c. 31)
42
In section 12 of the Children Act 2004 (information databases) in subsection
(8) for paragraph (a) substitute—
40
“(a)
a person registered under Part 3 of the Childcare Act 2006
(regulation of provision of childcare in England);”.
Education Act 2005 (c. 18)
43
In section 59(1) of the Education Act 2005 (combined reports)—
(a)
in paragraph (b) after “for children” insert “in Wales”,
45

Childcare Bill
Schedule 3 — Repeals
Part 1 — The curriculum
69

(b)
in paragraph (c) after “nursery education” insert “in Wales”,
(c)
omit the “and” at the end of paragraph (c), and
(d)
at the end of paragraph (d) insert “and
(e)
Chapters 2 and 3 of the Childcare Act 2006 (regulation
of early years and later years provision in England).”
5
Schedule 3
Section 103(2)

Repeals
Part 1
The curriculum

Short title and chapter
Extent of repeal

10

Education Act 1997 (c. 44)
In section 23—

  in subsection (1), paragraph (c) and the word

“and” immediately preceding it; and

  subsection (2A).

Education Act 2002 (c. 32)
In section 76, the definitions of “early learning

15

goals”, “the foundation stage”, and “pupil”

and, in the definition of “school year”, the

words from “and has a corresponding” to the

end.

Section 77.

20

Section 78(2).

In section 79—

  in subsection (4)(b), the words from “or the”

to “nursery school”; and

  subsection (5).

25

Section 81.

Section 83.

In section 87—

  subsection (2);

  in subsection (4), the words “(2) or”, in

30

paragraph (a) the words “the foundation

stage or” and “educational programme or”

and in paragraph (b) the words from “(or the

timetables” to “education)”;

  in subsection (5), the words “(2) or”;

35

  subsection (6);

  in subsection (8), the words “(2)(c) or”;

  in subsection (10), the words “(6) or” and, in

paragraph (a), the words from “or” to

“provided”; and

40

  in subsection (11), the words “(2)(c) or” and

“(6) or”.

Section 89.

In section 90, in subsection (1) the words “or

maintained nursery school” and in subsection

45

(3) the words “or a maintained nursery

school”.

Childcare Bill
Schedule 3 — Repeals
Part 2 — Other repeals
70

Short title and chapter
Extent of repeal

Education Act 2002 (c. 32)—
In section 93(1) and (5), the words “or

cont.
maintained nursery school”.

In section 94(4)(a), the words “or maintained

nursery school”.

5

In section 96(1)(a), the words “83(3),”.

Section 210(3)(c).

In Schedule 17, paragraph 1(4) to (6).

Part 2
Other repeals
10

Short title and chapter
Extent of repeal

Children Act 1989 (c. 41)
Section 79B(1).

Section 79C(1), (4) and (5).

In section 79D(4), the words “(whether the

contravention occurs in England or Wales)”.

15

Section 79H(3).

Section 79N.

Sections 79Q and 79R.

In section 79S(2), the words from “but the

regulations” to the end of the subsection.

20

In section 79U(1), the words “England or”.

In section 105(5A)(b) the words “England and”.

In Schedule 9A, paragraph 8(1).

Police Act 1997 (c. 50)
In section 113F(1)—

(a)
in paragraph (a), the words “England

25

and”, and

(b)
in paragraph (c), the words “section 71

of the Children Act 1989 or”.

School Standards and
Section 118A.

Framework Act 1998 (c. 31)
Section 119(5)(ab).

30

In Schedule 26—

(a)
paragraph 6A;

(b)
in the cross-heading before paragraph 7,

the words “6A, or”;

(c)
in paragraph 7, the words “6A or”;

35

(d)
paragraph 13A;

(e)
paragraph 14(1);

(f)
in paragraph 16, the words “6A or”;

(g)
in paragraph 18, sub-paragraphs (1)(a)

and (4)(a).

40

Protection of Children Act 1999
In section 9(2), the word “or” at the end of

(c. 14)
paragraph (e).

Education Act 2002 (c. 32)
Section 149(1).

Section 150(1).

In section 153(2)(a) the words “the Secretary of

45

State or (as respects local authorities in

Wales)”.