Childcare Act 2006 (c. 21)

Part 1 E+W General functions of local authority: England

Information, advice and assistance E+W

12 Duty to provide information, advice and assistance E+W

(1) An English local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

(2) The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following—

(a) the provision of childcare in the area of the local authority;

(b) any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

(c) any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

(3) In prescribing information for the purpose of subsection (2), the Secretary of State must have regard to the needs of the parents of disabled children or young persons for information relating to—

(a) the provision of childcare which is suitable for disabled children, and

(b) other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

(4) The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

(5) The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.

(6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.

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

(8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the [F1 Equality Act 2010].

(9) In this section—

• “parent” means a parent of a child or young person and includes any individual who—

  (a)

  has parental responsibility for a child, or

  (b)

  has care of a child;

• “prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

• “young person” means a person who has attained the age of 18 but has not attained the age of 20.

Textual Amendments

F1 Words in s. 12(8) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 89 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

Commencement Information

I1 S. 12 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(a)

I2 S. 12 in force at 1.5.2007 for specified purposes by S.I. 2007/1019, art. 5

I3 S. 12 in force at 1.4.2008 in so far as not already in force by S.I. 2008/785, art. 2(a)

13 Duty to provide information, advice and training to childcare providers E+W

(1) An English local authority must, in accordance with regulations, secure the provision of information, advice and training to—

(a) persons providing childcare in their area who are registered under Part 3;

(b) persons who intend to provide childcare in their area in respect of which they will be required to be registered under Part 3;

(c) persons who provide childcare at any of the following schools in their area (whether or not they are required to be registered under Part 3)—

(i) a maintained school,

(ii) a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools),

(iii) an independent school [F2 or an alternative provision Academy that is not an independent school];

(d) persons who intend to provide childcare at any such school (whether or not they would be required to be registered under Part 3);

(e) persons who are employed to assist any such persons as are mentioned in paragraph (a) or (c) in the provision of childcare or persons who intend to obtain such employment.

(2) An English local authority may, in addition to securing the provision of information, advice and training which they are required to secure under subsection (1), provide other information, advice and training to any persons mentioned in paragraphs (a) to (e) of that subsection.

(3) An English local authority may provide information, advice and training to persons who do not fall within any of paragraphs (a) to (e) of subsection (1) but who—

(a) provide or intend to provide childcare in their area, or

(b) are employed to assist in the provision of childcare in their area or who intend to obtain such employment.

(4) An English local authority may impose such charges as they consider reasonable for the provision of information, advice or training provided by them in pursuance of subsection (1), (2) or (3).

(5) 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.

Textual Amendments

F2 Words in s. 13(1)(c)(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. 17 (with art. 3)

Commencement Information

I4 S. 13 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(a)

I5 S. 13 in force at 1.10.2007 in so far as not already in force by S.I. 2007/2717, art. 2(b)