Schedule 2 - Minor and consequential amendments

Childcare Bill

Public Bill Committees, 20 December 2005, 10:15 am

Photo of Maria Eagle

Maria Eagle (Parliamentary Under-Secretary (Children and Families), Department for Education and Skills; Liverpool, Garston, Labour)

I beg to move amendment No. 155, in page 56, line 5, at end insert—

‘In section 105 of the Children Act 1989 (interpretation) in subsection (5A)(b) omit “England and”.’.

Photo of David Amess

David Amess (Southend West, Conservative)

With this it will be convenient to discuss Government amendments Nos. 156 to 169, 171 to 175, 151 and 152.

Photo of Maria Eagle

Maria Eagle (Parliamentary Under-Secretary (Children and Families), Department for Education and Skills; Liverpool, Garston, Labour)

This could take quite some time unless I speak quickly. I am happy to take any questions, but the amendments are minor and consequential drafting points, and none of them represent any change in policy. They are all to ensure that references are correct and that any legislative cross-referencing uses the appropriate wording. I could go through each of them, but if I assure the Committee that I will take any questions on any particular one, perhaps it is enough for me to leave it there.

Amendment agreed to.

Amendments made: No. 156, in page 56, line 42, at end insert—

‘Water Industry Act 1991 (c.56) In Schedule 4A to the Water Industry Act 1991 (premises that are not to be 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 children by a person who is registered under Part 10A of the Children Act 1989 in respect of the premises.”.’. No. 157, in page 57, line 30, leave out from ‘provided’ to end of line 36 and insert ‘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);’.

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be 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 children by a person who is registered under Part 10A of the Children Act 1989 in respect of the premises.”.’.

No. 157, in page 57, line 30, leave out from ‘provided’ to end of line 36 and insert

No. 158, in page 58, line 29, at end insert—

‘19A(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)—

(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 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—

“(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 under Part 3 of the Childcare Act 2006.”.’.

No. 159, in page 58, line 29, at end insert—

‘19B(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 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 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 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 care for pre-school and other children);

“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.”.’.

No. 160, in page 58, line 37, leave out from ‘provided’ to end of line 43 and insert

‘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);’.

No. 161, in page 59, line 6, at end insert—

‘Police Act 1997 (c.50) 21AIn section 113F of the Police Act 1997 (criminal record certificates: 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 to look after or be in regular contact with children;”,

21AIn section 113F of the Police Act 1997 (criminal record certificates: supplementary), in subsection (1)—

(a)before paragraph (a) insert—

(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”.’.

No. 162, in page 59, line 9, after ‘education)’, insert ‘—

(a)’.

No. 163, in schedule 2, page 59, line 10, at end insert

‘, and

(b)in subsection (2)(b) for “the Secretary of State” substitute “the National Assembly for Wales”.’.

No. 164, in page 59, line 31, leave out from ‘provided’ to end of line 37 and insert

‘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);’.

No. 165, in page 60, line 3, at end insert—

‘26AIn section 142 of the School Standards and Framework Act 1998 (general interpretation) for subsection (5) substitute—

“(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 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.”. ’.

No. 166, in page 60, line 39, at end insert—

‘Protection of Children Act 1999 (c.14) 27AIn section 2A of the Protection of Children Act 1999 (power of certain authorities to refer individuals for inclusion in list of persons considered 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”. In section 9 of the Protection of Children Act 1999 (the Tribunal), in subsection (2)— (a)omit the “or” at the end of paragraph (e), and (b)at the end of paragraph (f) insert “or—

27AIn section 2A of the Protection of Children Act 1999 (power of certain authorities to refer individuals for inclusion in list of persons considered 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”.

In section 9 of the Protection of Children Act 1999 (the Tribunal), in subsection (2)—

(a)omit the “or” at the end of paragraph (e), and

(g)on an appeal under, or by virtue of, Part 3 of the Childcare Act 2006.”.’.

No. 167, in page 60, line 39, at end insert—

‘Criminal Justice and Court Services Act 2000 (c. 43) 27BIn section 36 of the Criminal Justice and Court Services Act 2000 (meaning of “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,

27BIn section 36 of the Criminal Justice and Court Services Act 2000 (meaning of “regulated position”) in subsection (13) for paragraph (c) substitute—

“(c)in relation to England—

(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 Children Act 1989 for providing day care on premises on which the child is cared for, and”.

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—

“ “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 person is registered under Part 10A of the Children Act 1989 for providing day care,”.’.

No. 168, in page 60, line 39, at end insert—

‘Education Act 2002 (c.32) 27CIn section 153 of the Education Act 2002 (powers of LEA in respect of funded nursery education)— (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)”.

27CIn section 153 of the Education Act 2002 (powers of LEA in respect of funded nursery education)—

(a)in subsection (1), after “local education authority” insert “in Wales”, and

In section 176 of the Education Act 2002 (consultation with pupils) in 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—

(c)in relation to England, early years provision as defined by section 20 of the Childcare Act 2006, and

(d)in relation to Wales, nursery education.”.’.

No. 169, in page 60, line 39, at end insert—

‘Children Act 2004 (c.31) 27DIn section 12 of the Children Act 2004 (information databases) in subsection (8) for paragraph (a) substitute— “(a)a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);”.’.—[Beverley Hughes.] Schedule 2, as amended, agreed to.  

27DIn section 12 of the Children Act 2004 (information databases) in subsection (8) for paragraph (a) substitute—

“(a)a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);”.’.—[Beverley Hughes.]

Schedule 2, as amended, agreed to.