Coronavirus Act 2020

Effect of temporary closure directions on other provisions

3 (1) In relation to a period during which a temporary closure direction under paragraph 1 has effect in relation to a school—

(a) the duty under section 19(1) of the Education Act 1996 (duty of local authorities to arrange for exceptional provision of education) does not apply to the extent that the potential failure of any child to receive suitable education is attributable to the direction;

(b) the duties of parents and local authorities in respect of school attendance orders under sections 437 to 443 of the Education Act 1996 do not apply to the extent that any failure to comply with those duties is attributable to the direction;

(c) any failure of a child to attend the school is to be disregarded for the purposes of section 444 of the Education Act 1996 (offence of failing to secure regular attendance at school of a registered pupil) to the extent that the failure is attributable to the direction.

(2) In relation to a period during which a temporary closure direction has effect in relation to a registered childcare provider—

(a) there is no breach of either of the following duties to the extent that a failure to satisfy the terms of the duty is attributable to the direction—

(i) the duty of a local authority in England under section 7 of the Childcare Act 2006 (duty to secure early years provision free of charge in accordance with regulations);

(ii) the duty of the Secretary of State under section 1 of the Childcare Act 2016 (duty to secure 30 hours free childcare for working parents of children in England);

(b) the Chief Inspector must, in exercising functions under Part 3 of the Childcare Act 2006, take account of the direction in dealing with any allegation that a registered childcare provider to which the direction applies has failed to meet any of the requirements specified under section 39(1)(a) or (b) of that Act (learning, development and welfare requirements).

(3) In relation to a period during which a temporary closure direction has effect under paragraph 2(2)—

(a) there is no breach of either of the following duties to the extent that a failure to satisfy the terms of the duty is attributable to the direction—

(i) the duty of a local authority in Wales under section 118 of the School Standards and Framework Act 1998 (duty to secure sufficient provision of nursery education);

(ii) the duty of the Welsh Ministers under section 1(1) of the Childcare Funding (Wales) Act 2019 (anaw 1) (duty of Welsh Ministers to provide funding for childcare of working parents);

(b) the Welsh Ministers must, in exercising functions under Part 2 of the Children and Families (Wales) Measure 2010, take account of the direction in dealing with any allegation—

(i) which relates to a registered childcare provider to which the direction applies, and

(ii) to which regulations under section 30(3) of that Measure (allegations of failure to meet prescribed childcare standards) apply.

(4) In this paragraph—

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

• “school” has the same meaning as in paragraph 1;

• “registered childcare provider” has the same meaning as in paragraph 2.