Childcare Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Education and Skills,
are published separately as HL Bill 85—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Adonis has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Childcare Bill are compatible with the Convention
rights.
HL Bill 85
54/1
Contents
Part 1
General functions of local authority: England
Improvement of young children’s well-being
1
General duties of local authority in relation to well-being of young children
2
Meaning of “early childhood services” for purposes of section 3
3
Specific duties of local authority in relation to early childhood services
4
Duty of local authority and relevant partners to work together
5
Power to amend sections 2 and 4
Provision of childcare
6
Duty to secure sufficient childcare for working parents
7
Duty to secure prescribed early years provision free of charge
8
Powers of local authority in relation to the provision of childcare
9
Arrangements between local authority and childcare providers
10
Charges where local authority provide childcare
11
Duty to assess childcare provision
Information, advice and assistance
12
Duty to provide information, advice and assistance
13
Duty to provide information, advice and training to childcare providers
Miscellaneous
14
Inspection
15
Powers of Secretary of State to secure proper performance etc.
16
Amendments of Children Act 2004
17
Charges for early years provision at maintained school
Interpretation
18
Meaning of childcare
19
Meaning of “young child”
20
Meaning of “early years provision”
ii
21
Interpretation of Part 1
Part 2
General Functions of Local Authority: Wales
22
23
24
25
26
Power to require local authority to assess childcare provision
27
28
29
Powers of Assembly to secure proper performance etc.
30
Interpretation of Part 2
Part 3
Regulation of Provision of Childcare in England
Chapter 1
General functions of Chief Inspector
31
General functions of the Chief Inspector
32
Maintenance of the two childcare registers
Chapter 2
Regulation of early years provision
Requirements to register
33
Requirement to register: early years childminders
34
Requirement to register: other early years providers
Process of registration
35
Applications for registration: early years childminders
36
Applications for registration: other early years providers
37
Entry on the register and certificates
38
Conditions on registration
iii
Requirements to be met by early years providers
39
The Early Years Foundation Stage
40
Duty to implement Early Years Foundation Stage
41
The learning and development requirements
42
Further provisions about assessment arrangements
43
Welfare requirements
44
Instruments specifying learning and development or welfare requirements
45
Procedure for making certain orders
46
Power to enable exemptions to be conferred
47
Independent schools
48
Amendments relating to curriculum
49
Inspections
50
Report of inspections
51
Interpretation of Chapter 2
Chapter 3
Regulation of later years provision for children under 8
52
Requirement to register: later years childminders for children under eight
53
Requirement to register: other later years providers for children under eight
54
Applications for registration: later years childminders
55
Applications for registration: other later years providers
56
57
Special procedure for registered early years providers
Regulation
58
59
Regulations governing activities
60
61
Chapter 4
Voluntary registration
Process of voluntary registration
62
Applications for registration on the general register: childminders
iv
63
Applications for registration on the general register: other childcare providers
64
65
Special procedure for persons already registered
Regulation of persons registering voluntarily
66
67
Chapter 5
Common provisions
Cancellation of registration etc.
68
Cancellation of registration
69
Suspension of registration
70
Voluntary removal from register
71
Termination of voluntary registration on expiry of prescribed period
Cancellation etc. in an emergency
72
Protection of children in an emergency
Registration - procedural safeguards
73
Procedure for taking certain steps
74
Appeals
Disqualification from registration
75
76
Consequences of disqualification
Rights of entry
77
Powers of entry
78
Requirement for consent to entry
79
Power of constable to assist in exercise of powers of entry
Reports and information
80
Combined reports
81
Information to be included in annual reports
82
Supply of information to Chief Inspector
83
Supply of information to HMRC and local authorities
84
Disclosure of information for certain purposes
Offences and criminal proceedings
85
Offence of making false or misleading statement
86
Time limit for proceedings
87
Offences by bodies corporate
88
Unincorporated associations
v
89
Fees
90
Cases where consent to disclosure withheld
91
Co-operation between authorities
92
Combined certificates of registration
93
Notices
94
Power to amend Part 3: applications in respect of multiple premises
95
Certain institutions not to be regarded as schools
96
Meaning of early years and later years provision etc.
97
Employees not to be regarded as providing childcare
98
Interpretation of Part 3
Part 4
Miscellaneous and General
Provision of information about children
99
Provision of information about young children: England
100
Provision of information about young children: transitory provision
101
Provision of information about children: Wales
Disqualification for registration under Children Act 1989
102
General
103
Minor and consequential amendments and repeals
104
Subordinate legislation: general provisions
105
Subordinate legislation: parliamentary control
106
General interpretation etc.
107
Financial provisions
108
Isles of Scilly
109
Commencement
110
The appropriate authority by whom commencement order is made
111
Short title and extent
Schedule 1 —
Amendments relating to the curriculum
Schedule 2 —
Minor and consequential amendments
Schedule 3 —
Repeals
Part 1 —
The curriculum
Part 2 —
Other repeals