Childcare Act 2006

[^key-daf49b148333dab5224fbda970b2dbc2]: Words in s. 56(3) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 13(5) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-db00f36383f6473fee16fa24d520ecfe]: S. 65A and cross-heading inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 29; S.I. 2014/889, arts. 3(m), 7(e)

[^key-dbc92992e23b195ec226d9cb1d06284c]: S. 33 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

[^key-dbf9bf9af1e98f80c8dd9c47b5227688]: Word in s. 83(4) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 52(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

[^key-dc3f156b25496c0402920e6217c17c9a]: Words in s. 68(1) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 33(2); S.I. 2014/889, arts. 3(m), 7(e)

[^key-dc5ec15fb91be453815e7fc1ca9c3e56]: S. 68(5)(a)(b) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 22(4) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-dc8cf0c3d34dfae23e47866728e124eb]: Words in s. 36(2)(c) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 7(3)(c); S.I. 2014/889, arts. 3(m), 7(e)

[^key-dcade27b62aa1547de2f5be0045a2c80]: Words in s. 57A(3) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 11(a); S.I. 2015/1329, reg. 6(b)

[^key-dcc263ff3b38082882410579773a1210]: Words in s. 44(3) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 11(3); S.I. 2014/889, arts. 3(m), 7(e)

[^key-de13720541efcb4c1b86a74943e7d3dd]: Word in s. 96(5) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 238, 255(9)(a) (with s. 247); S.I. 2024/1000, reg. 2(b) (with reg. 4, Schs. 1-3)

[^key-de4416c66a0180492601eb654ce81901]: Words in s. 79(2)(a) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 50; S.I. 2014/889, arts. 3(m), 7(e)

[^key-de58c1a106de109abeb63a694cba3cfa]: Sch. 1 para. 10(9) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1

[^key-df1622253213c784a555e558b47e8f71]: Words in s. 65(2) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 14; S.I. 2015/1329, reg. 6(b)

[^key-df26f3d55393d6002a2900d09cf76dd7]: S. 26 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

[^key-df8b11771c711a56a039efdc977851d8]: Words in s. 57(1) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 15(a) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-df909ef80d7c0902cdd2a11b89d1e381]: Words in s. 56A(1)(a) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 14(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-e05d1ba9bcded97eefe475ab0e02ed9f]: S. 37A inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 9; S.I. 2014/889, arts. 3(m), 7(e)

[^key-e0c74c3e58124691e35733818c7d4328]: Words in s. 33 heading inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 3(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-e14ec7ea72048c3e6a845e893fb948e9]: S. 42(4) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 40(3), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1

[^key-e1828cc5f4ebcc39b6745bb4e1ac1f3a]: Words in s. 32(4) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 2(4)(b); S.I. 2014/889, arts. 3(m), 7(e)

[^key-e215fc18a2cfe8545df6f8ca622540e7]: S. 15(5) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 58(2)(d), Sch. 3 Pt. 2

[^key-e234ce29c62bf870d2defddd9d98fa7f]: Sch. 2 para. 14 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[^key-e2851d8f1f89c51209959a53fe67ff5c]: Sch. 3 in force at 1.4.2007 for specified purposes and in part for E by S.I. 2007/1019, art. 3 (with art. 6, Sch. para. 1)

[^key-e467930e6f07dfa5f8fe22b12c80e461]: Word in s. 34(2)(a) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 32(2)(a); S.I. 2014/3364, art. 2(z)

[^key-e4ae283ce993bf29ff0181bc20b8ff6b]: Word in s. 37A(3) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 8(4) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-e5069bc338ac1cafafabdd37a7cbe25d]: S. 1 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(a)

[^key-e52388970ef72800cf3f7b4d4e05dd33]: Sch. 1 para. 11 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[^key-e61a5fa0560800eca7d2d5cea18e5f3a]: Words in s. 73(7) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 41(6); S.I. 2014/889, arts. 3(m), 7(e)

[^key-e6d9e9f33da761025c9c704e58ff2440]: Words in s. 49(4) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 33; S.I. 2014/3364, art. 2(z)

[^key-e728433363dbdf91f47a5f10a0b788ea]: S. 103(2) in force at 6.4.2007 for specified purposes by S.I. 2007/1019, art. 4

[^key-e754d06716a940e44e9754032de8525d]: Word in s. 63(3)(b) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 35(3); S.I. 2014/3364, art. 2(z)

[^key-e799db719c2eb5f25ee9869083a28146]: Sch. 1 para. 1 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[^key-e7dfeb4c328dc4ffffed10ece1b8b216]: Sch. 1 para. 12 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[^key-e7f33ffddbcf0ae3d19d0d5c775c867f]: S. 63 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

[^key-e85777d091b31b48d017016c902a47bb]: S. 7 in force at 1.4.2008 for specified purposes by S.I. 2008/785 , art. 2(a)

[^key-e8e2bcfb2123690a0eb008bd12480231]: S. 24 in force at 31.1.2008 by S.I. 2008/17, art. 2(a)

[^key-e929f3b40909afd5e7ce6cd4e237405a]: Words in s. 21 repealed (31.3.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(3)(b)(c), Sch. 1 para. 107, Sch. 2 Pt. 3 (with art. 2(3))

[^key-ea35ee8f539243c24ce929c074f1ad0e]: S. 47 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

[^key-eae0ee7f33b45f5ed105b0b60da13098]: Words in s. 63(3)(a)(iii) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 20 (with art. 3)

[^key-eb777f4c0a4ac771ec2f1ce82dcdbbbf]: S. 6(2)(a)(ia) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 19(2)

[^key-ebe5c04dadef06485eaba4ff258325d1]: S. 84 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4

[^key-ed4f23dbf81c518809c545bbd82cf6cd]: Words in s. 83 heading inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 19(3)(a)

[^key-ed67acc9763c0424d156c86f3ab81b42]: S. 20 in force at 20.12.2006 by S.I. 2006/3360, art. 2(b)

[^key-edb7a08d7832b74c93955ad78a4af3b7]: Words in s. 70 substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 37(3); S.I. 2014/889, arts. 3(m), 7(e)

[^key-ee1155f6cb2d2d5fcbcff4cdc38f0599]: Words in s. 13A(6) inserted (26.3.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 74(1)(b), 164(2)(c)

[^key-ee4bb744179d53cd13974d5e6914c69d]: S. 82(1): s. 82 renumbered as s. 82(1) (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 51(2); S.I. 2014/889, arts. 3(m), 7(e)

[^key-eeb3ea8dcc95b28eb2dccbd902e586db]: Words in s. 75(3)(f) inserted (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 23; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2 3)

[^key-eee947df4219516f6de483e87a347033]: S. 3(4A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 201, 269(2)

[^key-efb3a11af9410087c6407a149252bea0]: Sch. 2 para. 22 in force at 1.9.2008 for E. by S.I. 2008/2261, art. 2 (with Sch. 1)

[^key-efc10874681e0aa3b2cd972eea5fe0c3]: Words in s. 106 substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 36; S.I. 2014/3364, art. 2(z)

[^key-efe094224148bb19a5daa5d67c680b6b]: S. 36 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)

[^key-efeabad5eaeb2e036c7c840db7ab7301]: S. 67(6)(aa) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 31(4); S.I. 2014/889, arts. 3(m), 7(e)

[^key-f0687096032da948597b0e3cc8d509ab]: Words in s. 37A(1)(a) inserted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 8(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-f0ae70609e639881cad9b02586ce5bad]: S. 57(1)(a)(i)(ii) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 15(b) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-f188a8d84a9005555d124a03f27dd21f]: Words in s. 84 inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 54; S.I. 2014/889, arts. 3(m), 7(e)

[^key-f1af6c55f49aa0fadb70dcde4bc90749]: Words in s. 18(8)(b) inserted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 19(3)(b); S.I. 2010/2981, art. 4(a); S.I. 2017/948, art. 2(a)

[^key-f1e06a99994ab294775e4fac79a127d7]: S. 92 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

[^key-f1e1c611210b9116f7af392ab510f2d5]: S. 68(4)(a)(b) substituted for words (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 22(3) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-f26e422549e05762dcd60b7451861d01]: Words in s. 55(3) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 12(3) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-f2c95fa0ad38eb75e023b4ae52ab8478]: S. 66 in force at 6.4.2007 by S.I. 2007/1019, art. 4

[^key-f3c02f7263ee6c46d1afbc0314d6dee2]: S. 89 in force at 20.12.2006 by S.I. 2006/3360, art. 2(e)

[^key-f3e94d7c6e0fa1cfa0445ae268e5e2f6]: S. 99(1)(c) and word inserted (3.11.2016) by Childcare Act 2016 (c. 5), ss. 3(1), 7(2); S.I. 2016/1055, reg. 2(c)

[^key-f418a09703c84322e51d84c9fc385eef]: S. 31 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 110, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

[^key-f4e09346932b298c4cad03451f03e654]: S. 64 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

[^key-f5688cf3747acddac896128075f01905]: Sch. 2 para. 36 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Sch. 1)

[^key-f63e71e7f1e799263f8bebdf9f5985c5]: Words in s. 110(5)(a) substituted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 5; S.I. 2009/371, art. 2(2), Sch. Pt. 2

[^key-f6f1f53ed80850ccb07f9ef9e912025c]: Words in s. 4 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-f7b11a0b01b0bcd964371b3a3a5f343a]: Words in s. 33(1) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 4; S.I. 2014/889, arts. 3(m), 7(e)

[^key-f82ebd42d13d6cd4ec74da42b17ec3e0]: S. 80 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 115, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

[^key-f8c7cc83c1e42593a19b5adbee164405]: Sch. 2 para. 25 in force at 1.9.2008 by S.I. 2008/2261, art. 2 (with Sch. 1)

[^key-f922881ca4b02c4702dd32ae99afda34]: S. 34(1)(1ZA) substituted (1.11.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 23 para. 4(2) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-f93ec33a9fb17a9b36274bd3663f2071]: Words in s. 69(7) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 34(6); S.I. 2014/889, arts. 3(m), 7(e)

[^key-f9617398a4e28f7a926211910c878636]: S. 55(4A) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 18(5); S.I. 2014/889, arts. 3(m), 7(e)

[^key-f9e0ef2fbecdf472b1ab4bbcf79f0bfe]: Words in s. 32(2) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 2(2)(c); S.I. 2014/889, arts. 3(m), 7(e)

[^key-f9e992806acbbddbfc6be3acb20b0bd0]: S. 90 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

[^key-faa6bf59c29a9c91e39116e8bb76cef7]: Words in s. 96(9) substituted (1.1.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 76(5)(a), 164(1); S.I. 2015/1329, reg. 6(a)

[^key-fb16819b8e11e100c47f884f2f3bdcb6]: Sch. 2 para. 34 in force at 1.9.2008 for E. by S.I. 2008/2261, art. 2 (with Sch. 1)

[^key-fb32db20aa8f25eb7bdb10de5a17e7e7]: Words in s. 55(3) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 18(4); S.I. 2014/889, arts. 3(m), 7(e)

[^key-fbae2a566cc35de0eddbb3b739d83d24]: Word in s. 74(5)(b) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 42(3); S.I. 2014/889, arts. 3(m), 7(e)

[^key-fbd342905082f0f36e89265277f2974b]: Words in s. 96(4) omitted (1.11.2024) by virtue of Levelling Up and Regeneration Act 2023 (c. 55), ss. 237(1), 255(9)(a) (with s. 247); S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)

[^key-fbfc5b7fb67167b273581f884e88922e]: Words in s. 55(2)(c) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 18(3)(c); S.I. 2014/889, arts. 3(m), 7(e)

[^key-fe8b35452909e284ebe1ddb4c80d7594]: S. 70 in force at 6.4.2007 by S.I. 2007/1019, art. 4

[^key-fe99ebead56aa3bf5aa06110449ed536]: Words in s. 60(1) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 25; S.I. 2014/889, arts. 3(m), 7(e)

[^key-ff75d14062c8cba70b5a4c12f630ffc4]: Sch. 3 Pt. 2 in force at 1.10.2007 for specified purposes for E. by S.I. 2007/2717, art. 2(f)

[^M_C_f67eb870-6d04-4fec-cd78-ef1161bb1eb7]: S. 34(1) excluded (E.W.) (1.9.2008) by Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979), arts. 1(1), 2(2), arts. 4-9

[^M_F_2064a768-92d0-4f29-88e2-f02140bea80a]: S. 75(3)(ba) inserted (19.5.2008) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 10(1) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 2(d)

General duties of local authority in relation to well-being of young children

Children's centres

5A

• (1) Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need.

• (2) “Local need” is the need of parents, prospective parents and young children in the authority's area.

• (3) In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres—

• (a) that are provided outside the authority's area, or

• (b) that the authority expect to be provided outside their area.

• (4) For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places—

• (a) which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner,

• (b) through which each of the early childhood services is made available, and

• (c) at which activities for young children are provided, whether by way of early years provision or otherwise.

• (5) For the purposes of this section, a service is made available—

• (a) by providing the service, or

• (b) by providing advice and assistance to parents and prospective parents on gaining access to the service.

• (6) Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to—

• (a) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a);

• (b) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b).

• (7) A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre.

5B

• (1) Regulations may make provision about the staffing, organisation and operation of children's centres.

• (2) The regulations may in particular—

• (a) require English local authorities to secure that children's centres have governing bodies;

• (b) impose obligations and confer powers on any such governing bodies.

5C

• (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

• (2) The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board.

• (3) A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority.

• (4) An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit.

• (5) An advisory board must include persons representing the interests of—

• (a) each children's centre within its remit;

• (b) the responsible authority;

• (c) parents or prospective parents in the responsible authority's area.

• (6) An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate.

• (7) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

• (8) The guidance may in particular relate to—

• (a) the membership of advisory boards;

• (b) the organisation and operation of advisory boards.

• (9) The “ responsible authority ”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements.

5D

• (1) An English local authority must secure that such consultation as they think appropriate is carried out—

• (a) before making arrangements under section 3(2) for the provision of a children's centre;

• (b) before any significant change is made in the services provided through a relevant children's centre;

• (c) before anything is done that would result in a relevant children's centre ceasing to be a children's centre.

• (2) In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

• (3) For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services.

• (4) A “ relevant children's centre ”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2).

Children's centres: consultation

5E

• (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres.

• (2) The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres.

• (3) Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres.

• (4) In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would—

• (a) facilitate access to it, or

• (b) maximise its benefit to parents, prospective parents and young children.

• (5) In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State.

• (6) For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body.

• (7) For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre.

5F

• (1) This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre.

• (2) To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2).

• (3) “The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

5G

In sections 5A to 5F—

• “ children's centre ” has the meaning given by section 5A(4);

• “ early childhood services ” has the same meaning as in section 3;

• “ parent ” and “ prospective parent ” have the same meaning as in section 2;

• “ relevant partner ” has the same meaning as in section 4.

Duty to secure sufficient childcare for working parents

Charges for early years provision at maintained school

Meaning of childcare

Further provisions about assessment arrangements

Information to be included in annual reports

Cases where consent to disclosure withheld

Employees not to be regarded as providing childcare

Part 3A — Inspection of children's centres

98A

• (1) The Chief Inspector must—

• (a) inspect a children's centre at such intervals as may be prescribed;

• (b) inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection.

• (2) The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

• (3) Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a).

• (4) A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to—

• (a) children's centres generally;

• (b) a class of children's centres;

• (c) a particular children's centre.

• (5) For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area.

• (6) If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a).

98B

• (1) After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing.

• (2) The report must address the centre's contribution to—

• (a) facilitating access to early childhood services by parents, prospective parents and young children;

• (b) maximising the benefit of those services to parents, prospective parents and young children;

• (c) improving the well-being of young children.

• (3) Regulations may make provision, for the purposes of subsection (2), about—

• (a) matters required to be dealt with in the report;

• (b) matters not required to be dealt with in the report.

• (4) The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively.

• (5) The Chief Inspector—

• (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy;

• (b) must ensure that a copy of the report is sent without delay to the relevant local authority;

• (c) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

• (6) For the purposes of this section and section 98C, the “relevant local authority”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided.

98C

• (1) This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b).

• (2) The authority may—

• (a) send a copy of the report (or parts of it) to any person they think appropriate;

• (b) otherwise publish the report (or parts of it) in any manner they think appropriate.

• (3) The authority must secure that a written statement within subsection (4) is prepared and published.

• (4) A statement within this subsection is one setting out—

• (a) the action that each relevant person proposes to take in the light of the report, and

• (b) the period within which each relevant person proposes to take that action.

• (5) For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre—

• (a) the relevant local authority;

• (b) any person or body, other than the relevant local authority, managing the centre.

• (6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

98D

• (1) The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A.

• (2) “Relevant premises”, for the purposes of subsection (1), are—

• (a) premises on which services or activities are being provided through the children's centre;

• (b) premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre.

• (3) But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1).

• (4) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)—

• (a) may be given for a particular occasion or period;

• (b) may be given subject to conditions.

• (5) Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section.

• (6) The inspector may—

• (a) inspect the premises;

• (b) take measurements and photographs or make recordings;

• (c) inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare;

• (d) interview in private any person working on the premises who consents to be interviewed.

• (7) The inspector may inspect, and take copies of, any records or documents relating to—

• (a) the services or activities provided through the children's centre;

• (b) the staffing, organisation or operation of the children's centre.

• (8) The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section.

• (9) Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act.

• (10) In this section “documents” and “records” each include information recorded in any form.

98E

• (1) A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D.

• (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

98F

• (1) The Chief Inspector may apply to a court for a warrant under this section.

• (2) Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector—

• (a) has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or

• (b) is likely to be prevented from exercising any such power.

• (3) The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary.

• (4) A warrant under this section must be addressed to, and executed by, a constable.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section “ court ” means the High Court or the family court.

98G

In sections 98A to 98F—

• “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• “children's centre” has the meaning given by section 5A(4);

• “relevant partner” has the same meaning as in section 4.

Disqualification for registration under Children Act 1989

Subordinate legislation: general provisions

Instruments specifying learning and development or welfare requirements

Consequences of disqualification

Combined reports

Combined reports

Meaning of early years and later years provision etc.

Duty to secure early years provision free of charge in accordance with regulations

Minor and consequential amendments and repeals

Requirement for consent to entry

Fees

Meaning of early years and later years provision etc.

Independent schools

Discharge of duty under section 7

Welfare requirements

Consequences of disqualification

Requirement for consent to entry

Supply of information: free of charge early years provision

Unauthorised disclosure of information received under section 13A

Meaning of early years and later years provision etc.

Interpretation of Part 2

Minor and consequential amendments and repeals

Children's centres: transitional provision

13A

• (1) This subsection applies to information held for the purposes of functions relating to tax credits—

• (a) by the Commissioners for Her Majesty's Revenue and Customs, or

• (b) by a person providing services to them, in connection with the provision of those services.

• (2) This subsection applies to information held for the purposes of functions relating to social security—

• (a) by the Secretary of State, or

• (b) by a person providing services to the Secretary of State, in connection with the provision of those services.

• (3) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision or for funding related to free of charge early years provision.

• (4) Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose.

• (5) Information received by virtue of subsection (3) may be supplied—

• (a) to another person to whom it could have been supplied under that subsection, or

• (b) to an English local authority,

for use for that purpose.

• (6) The references in subsections (4) and (5)(b) to an English local authority include references to a person exercising on behalf of an English local authority functions relating to eligibility for free of charge early years provision or for funding related to free of charge early years provision .

• (7) For the purposes of this section and section 13B, free of charge early years provision is early years provision which is required to be made available in pursuance of the duty imposed by section 7.

• (8) This section does not limit the circumstances in which information may be supplied apart from this section.

13B

• (1) A person commits an offence if the person discloses any information—

• (a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and

• (b) which relates to a particular person,

unless the information is disclosed in accordance with subsection (2).

• (2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—

• (a) in the case of information received by virtue of section 13A(3), in accordance with section 13A(5);

• (b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision or for funding related to free of charge early years provision;

• (c) in accordance with an enactment or an order of a court;

• (d) with consent given by or on behalf of the person to whom the information relates.

• (3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.

• (4) A person guilty of an offence under subsection (1) is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;

• (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both.

• (5) In relation to an offence committed before 2 May 2022 , the reference in subsection (4)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

Meaning of childcare

Charges for early years provision at maintained school

Instruments specifying learning and development or welfare requirements

Applications for registration: early years childminders

Applications for registration: other early years providers

Applications for registration: other early years providers

Applications for registration: other early years providers

Early years childminder agencies: registers and certificates

Early years childminder agencies: registers and certificates

Subordinate legislation: general provisions

Further provisions about assessment arrangements

Early years childminder agencies: registers and certificates

The Early Years Foundation Stage

The Early Years Foundation Stage

The Early Years Foundation Stage

Fees

Further provisions about assessment arrangements

Further provisions about assessment arrangements

7A

• (1) Regulations may require an English local authority to discharge its duty to a young child under section 7 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where—

• (a) the early years provider is willing to provide it, and

• (b) the early years provider is also willing to accept—

• (i) any terms as to the payments which would be made to him or her in respect of the provision, and

• (ii) any requirements which would be imposed in respect of it.

• (2) Arrangements made by an authority to satisfy any requirement imposed under subsection (1) may be made with an early years provider or with an early years childminder agency or any other person who is able to arrange for an early years provider to provide early years provision.

• (3) The regulations may provide that such a requirement—

• (a) applies only if the early years provider is of a prescribed description;

• (b) applies only if the early years provision provided by the early years provider is of a prescribed description;

• (c) does not apply in prescribed circumstances.

• (4) The regulations may provide that arrangements made by an authority for the purpose of complying with such a requirement must include provision allowing the local authority to terminate the arrangements in prescribed circumstances.

• (5) In this section—

• “early years childminder agency” and “early years provider” have the same meanings as in Part 3;

• “parent” has the same meaning as in section 2.

9A

Regulations may provide that arrangements made by an English local authority for the purpose of discharging its duty under section 7—

• (a) may impose requirements on the person with whom the arrangements are made only if the requirements are of a prescribed description;

• (b) may not impose requirements of a prescribed description on the person with whom the arrangements are made.

Meaning of childcare

Interpretation of Part 2

Requirement to register: early years childminders with domestic premises

Applications for registration: early years childminders

37A

• (1) If an application under section 35(1)(b) is granted, the early years childminder agency must—

• (a) register the applicant in the register maintained by the agency as an early years childminder with domestic premises, and

• (b) give the applicant a certificate of registration stating that he or she is so registered.

• (1A) If an application under section 36(1)(b)(ii) is granted, the early years childminder agency must—

• (a) register the applicant in the register maintained by the agency as an early years childminder without domestic premises, and

• (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (2) If an application under section 36(1A)(b) is granted, the early years childminder agency must—

• (a) register the applicant in the register maintained by the agency as an early years provider other than a childminder ..., and

• (b) give the applicant a certificate of registration stating that he or she is so registered.

• (3) A certificate of registration given to the applicant in pursuance of subsection (1) , (1A) or (2) must contain prescribed information about prescribed matters.

• (4) If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.

Further provisions about assessment arrangements

Welfare requirements

Report of inspections

Report of inspections

CHAPTER 2A — Regulation of early years childminder agencies

Process of registration

51A

• (1) A person may make an application to the Chief Inspector for registration as an early years childminder agency.

• (2) An application under subsection (1) must—

• (a) give any prescribed information about prescribed matters,

• (b) give any other information which the Chief Inspector reasonably requires the applicant to give, and

• (c) be accompanied by any prescribed fee.

• (3) The Chief Inspector must grant an application under subsection (1) if—

• (a) the applicant is not disqualified from registration by regulations under section 76A, and

• (b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

• (4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant.

• (5) The prescribed requirements for registration may include requirements relating to—

• (a) the applicant;

• (b) any persons employed by the applicant;

• (c) management and control of the applicant (where the applicant is not an individual);

• (d) the provision to the Chief Inspector of information about early years providers registered with the applicant;

• (e) the applicant's arrangements for registering early years providers;

• (f) the applicant's arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance;

• (g) the applicant's arrangements for ensuring that early years provision is of a sufficient standard.

51B

• (1) If an application under section 51A is granted, the Chief Inspector must—

• (a) register the applicant in the early years register as an early years childminder agency, and

• (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (2) A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.

• (3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate.

• (4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee.

51C

• (1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter.

• (2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time.

• (3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

• (4) An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Inspections

51D

• (1) The Chief Inspector—

• (a) must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

• (b) may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

• (2) For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2.

• (3) The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where—

• (a) the inspection is conducted at the request of the agency, and

• (b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

• (4) Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.

51E

• (1) After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on—

• (a) the quality and standards of the services offered by the early years childminder agency to early years providers registered with it,

• (b) the quality of leadership and management in the early years childminder agency, and

• (c) the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it.

• (2) The Chief Inspector—

• (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

• (b) must ensure that a copy of the report is sent without delay to the early years childminder agency,

• (c) must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and

• (d) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

• (3) Regulations may make provision—

• (a) requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

• (b) requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;

• (c) authorising the agency in prescribed cases to charge a fee for providing a copy of the report.

False representations

51F

• (1) A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence.

• (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Requirement to register: other later years providers for children under eight

Entry on the register and certificates

Applications for registration: other later years providers

Applications for registration: later years childminders

56A

• (1) If an application under section 54(1)(b) is granted, the later years childminder with domestic premises agency must—

• (a) register the applicant in the register maintained by the agency as a later years childminder, and

• (b) give the applicant a certificate of registration stating that he or she is so registered.

• (1A) If an application under section 55(1)(b)(ii) is granted, the later years childminder agency must—

• (a) register the applicant in the register maintained by the agency as a later years childminder without domestic premises, and

• (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (2) If an application under section 55(1A)(b) is granted, the later years childminder agency must—

• (a) register the applicant in the register maintained by the agency as a later years provider other than a childminder ..., and