Statutory Instruments
CHILDREN AND YOUNG PERSONS, ENGLAND
Made
12th September 2007
The Secretary of State for Children, Schools and Families, in exercise of the powers conferred by sections 104(2) and 109(2) of the Childcare Act 2006(1), makes the following Order:
1.—(1) This Order may be cited as the Childcare Act 2006 (Commencement No. 3 and Transitional Provision) Order 2007.
(2) In this Order “the Act” means the Childcare Act 2006.
2. The following provisions of the Act come into force on 1st October 2007—
(a)sections 8 (powers of local authority in relation to the provision of childcare), 9 (arrangements between local authority and childcare providers), 10 (charges where local authority provide childcare), 17 (charges for early years provision at maintained school) and 51 (interpretation of Chapter 2);
(b)section 13 (duty to provide information, advice and training to childcare providers) in so far as it is not already in force;
(c)sections 33 to 37, 49, 50(2), 52 to 56 and 59 to 61 for the purposes of making an order or regulations;
(d)paragraph 2(1), (3) and (5) of Schedule 1 (and section 48 in so far as it relates to those sub-paragraphs of that paragraph);
(e)paragraphs 4 and 32(1), (2), (3) and (5) of Schedule 2 (and section 103(1) in so far as it relates to those paragraphs);
(f)in relation to England—
paragraph 32(4) of Schedule 2 (and section 103(1) in so far as it relates to that paragraph), and
in Part 2 of Schedule 3 the repeal of section 119(5)(ab) of the School Standards and Framework Act 1998(3) (and section 103(2) in so far as it relates to that provision).
3. Despite the amendment made by paragraph 2(5) of Schedule 1 to the Act, the definition of “funded nursery education” in section 23(5) of the Education Act 1997(4) (as inserted by paragraph 1(6) of Schedule 17 to the Education Act 2002(5)) continues to have effect for the purposes of subsection (1) of that section until the coming into force of paragraph 2(2) and (4) of Schedule 1 to the Act.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
12th September 2007
(This note is not part of the Order)
This is the third Commencement Order made under the Childcare Act 2006 (“the Act”). Article 2 sets out provisions of the Act coming into force on 1st October 2007 to the extent specified in each paragraph. Article 3 is a transitional provision relating to a provision commenced by Article 2(d).
Article 2(a) lists provisions in Parts 1 and 3 of the Act coming into force in full.
Article 2(b) brings section 13 into force to the extent that it is not already in force. Section 13 requires English local authorities (which are defined in section 106 of the Act) to provide information, advice and training on childcare in accordance with regulations. Those regulations are the Childcare Providers (Information, Advice and Training) Regulations 2007 (S.I. 2007/1797), which come into force on 1st October 2007.
Article 2(c) brings provisions in Part 3 of the Act into force for the purposes of making an order or regulations.
Article 2(d) brings amendments in Schedule 1 to the Act (amendments relating to the curriculum) relating to the functions of the Qualifications and Curriculum Authority into force, subject to a transitional provision. The transitional provision is in article 3, and provides that the definition of “funded nursery education” in section 23(5) of the Education Act 1997 (c. 44) (functions of the Authority in relation to curriculum and assessment) is to continue to have effect until the commencement of paragraph 2(2) and (4) of Schedule 1 to the Act. The definition is required to enable the Qualifications and Curriculum Authority to continue to exercise its functions in relation to children for whom funded nursery education is provided in England otherwise than at a maintained school or nursery school.
Article 2(e) brings provisions in Schedule 2 to the Act (minor and consequential amendments) into force. Paragraph 4 of Schedule 2 makes an amendment to section 18 of the Children Act 1989 (c. 41) (day care for pre-school and other children).
Article 2(e) also commences paragraph 32(1), (2), (3) and (5) of Schedule 2 to the Act. Article 2(f) commences paragraph 32(4) of Schedule 2 and an associated repeal in Schedule 3 to the Act in relation to England. These provisions amend section 119 of the School Standards and Framework Act 1998 (c. 31) so that a local education authority in England is no longer required to establish an early years development and childcare partnership.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 20th December 2006 | 2006/3360 |
| Section 11 (partially) | 20th December 2006 | 2006/3360 |
| Section 11 (remainder) | 1st April 2007 | 2007/1019 |
| Section 12 (partially) | 20th December 2006 | 2006/3360 |
| Section 12 (partially) | 1st May 2007 | 2007/1019 |
| Section 13 (partially) | 20th December 2006 | 2006/3360 |
| Section 15 | 1st April 2007 | 2007/1019 |
| Section 16 | 1st April 2007 | 2007/1019 |
| Section 18 | 20th December 2006 | 2006/3360 |
| Section 19 | 20th December 2006 | 2006/3360 |
| Section 20 | 20th December 2006 | 2006/3360 |
| Section 21 | 20th December 2006 | 2006/3360 |
| Section 32 (partially) | 6th April 2007 | 2007/1019 |
| Section 39 | 20th December 2006 | 2006/3360 |
| Section 41 | 20th December 2006 | 2006/3360 |
| Section 42 | 20th December 2006 | 2006/3360 |
| Section 43 | 20th December 2006 | 2006/3360 |
| Section 44 | 20th December 2006 | 2006/3360 |
| Section 45 | 20th December 2006 | 2006/3360 |
| Section 46 | 20th December 2006 | 2006/3360 |
| Section 62 (partially) | 20th December 2006 | 2006/3360 |
| Section 62 (partially) | 6th April 2007 | 2007/1019 |
| Section 63 (partially) | 20th December 2006 | 2006/3360 |
| Section 63 (partially) | 6th April 2007 | 2007/1019 |
| Section 64 (partially) | 20th December 2006 | 2006/3360 |
| Section 64 (remainder) | 6th April 2007 | 2007/1019 |
| Section 66 | 6th April 2007 | 2007/1019 |
| Section 67 (partially) | 20th December 2006 | 2006/3360 |
| Section 67 (remainder) | 6th April 2007 | 2007/1019 |
| Section 68 | 6th April 2007 | 2007/1019 |
| Section 69 (partially) | 20th December 2006 | 2006/3360 |
| Section 69 (remainder) | 6th April 2007 | 2007/1019 |
| Section 70 | 6th April 2007 | 2007/1019 |
| Section 71 | 20th December 2006 | 2006/3360 |
| Section 72 | 6th April 2007 | 2007/1019 |
| Section 73 | 6th April 2007 | 2007/1019 |
| Section 74 (partially) | 20th December 2006 | 2006/3360 |
| Section 74 (remainder) | 6th April 2007 | 2007/1019 |
| Section 75 | 20th December 2006 | 2006/3360 |
| Section 77 | 6th April 2007 | 2007/1019 |
| Section 78 | 6th April 2007 | 2007/1019 |
| Section 79 | 6th April 2007 | 2007/1019 |
| Section 82 | 6th April 2007 | 2007/1019 |
| Section 83 (partially) | 20th December 2006 | 2006/3360 |
| Section 83 (remainder) | 6th April 2007 | 2007/1019 |
| Section 84 (partially) | 20th December 2006 | 2006/3360 |
| Section 84 (remainder) | 6th April 2007 | 2007/1019 |
| Section 85 | 6th April 2007 | 2007/1019 |
| Section 86 | 6th April 2007 | 2007/1019 |
| Section 87 | 6th April 2007 | 2007/1019 |
| Section 88 | 6th April 2007 | 2007/1019 |
| Section 89 | 20th December 2006 | 2006/3360 |
| Section 90 (partially) | 20th December 2006 | 2006/3360 |
| Section 90 (remainder) | 6th April 2007 | 2007/1019 |
| Section 91 | 6th April 2007 | 2007/1019 |
| Section 92 (partially) | 20th December 2006 | 2006/3360 |
| Section 93 | 6th April 2007 | 2007/1019 |
| Section 94 | 6th April 2007 | 2007/1019 |
| Section 96 (partially) | 20th December 2006 | 2006/3360 |
| Section 96 (remainder) | 6th April 2007 | 2007/1019 |
| Section 97 | 6th April 2007 | 2007/1019 |
| Section 98 | 20th December 2006 | 2006/3360 |
| Section 99 (partially) | 20th December 2006 | 2006/3360 |
| Section 99 (remainder) | 30th March 2007 | 2007/1019 |
| Section 100 | 20th December 2006 | 2006/3360 |
| Section 102 in relation to England | 20th December 2006 | 2006/3360 |
| Section 103(1) (partially) | 1st April 2007 and 6th April 2007 | 2007/1019 |
| Section 103(2) (partially) | 1st April 2007 and 6th April 2007 | 2007/1019 |
| Schedule 2, paragraphs 2, 3, 19, 29(a), 37, 38, 39, 40 and 43 | 6th April 2007 | 2007/1019 |
| Schedule 2, paragraph 31 (in relation to England) | 1st April 2007 | 2007/1019 |
| Schedule 3 Part 2 (partially) | 1st April 2007 and 6th April 2007 | 2007/1019 |
| Schedule 3 Part 2 (partially) in relation to England | 1st April 2007 | 2007/1019 |
2006 c. 21. The power is exercisable, as respects the provisions set out in section 110(2), (5) and (6), by the Secretary of State.
Section 50(4) of the Childcare Act 2006 was repealed by paragraph 111 of Schedule 14 and by Part 5 of Schedule 18 to the Education and Inspections Act 2006 (c. 40).