- Latest available (Revised)
- Original (As enacted)
Childcare Act 2006, Section 42 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
[F1(A1)Before making a learning and development order specifying assessment arrangements the Secretary of State—
(a)must consult the Office of Qualifications and Examinations Regulation, and
(b)may consult such other persons as the Secretary of State considers appropriate.]
(1)A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.
(2)Those persons are—
(a)an early years provider,
(b)the governing body or head teacher of a maintained school in England, F2...
(c)an English local authority.
F3( d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(e)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.]
(3)A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.
[F5(3A)A learning and development order which includes provision made by virtue of subsection (3) must provide that before making or revising the assessment arrangements the person specified in the order—
(a)must consult the Office of Qualifications and Examinations Regulation, and
(b)may consult such other persons as that person considers appropriate.]
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)[F7The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them— ]
(a)to enter premises on which the early years provision is provided,
(b)to observe implementation of the arrangements, F2...
(c)to inspect, and take copies of, documents and other articles.
[F8(6)A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
(6A) In this section “ delegated supplementary provisions ” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
[F9(6AA)A learning and development order which authorises a person to make delegated supplementary provisions must provide that before making, amending or revoking any such provisions the person so authorised—
(a)must consult the Office of Qualifications and Examinations Regulation, and
(b)may consult such other persons as that person considers appropriate.]
(6B)A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
(6C)Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.]
(7)In this section “a learning and development order” means an order under section 39(1)(a).
Textual Amendments
F1S. 42(A1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 160(2), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)
F2Word in s. 42(2)(b) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 40(2)(a), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1
F3S. 42(2)(d) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 17; S.I. 2012/924, art. 2
F4S. 42(2)(d)(e) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 40(2)(b); S.I. 2010/1151, art. 2, Sch. 1
F5S. 42(3A) inserted (1.4.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 160(3), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)
F6S. 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
F7Words in s. 42(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 40(4); S.I. 2010/1151, art. 2, Sch. 1
F8S. 42(6)-(6C) substituted for s. 42(6) (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 40(5); S.I. 2010/1151, art. 2, Sch. 1
F9S. 42(6AA) inserted (1.4.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 160(4), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)
Commencement Information
I1S. 42 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: