Education Act 2005

Part 1 E+W Child minding and day care: amendments of Children Act 1989

1 (1) Section 79N of the Children Act 1989 (c. 41) (general functions of the Chief Inspector) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—

(a) the quality and standards of child minding and day care provided in England,

(b) how far child minding and day care provided in England meet the needs of the range of children for whom they are provided,

(c) the contribution made by child minding and day care provided in England to the well-being of the children for whom they are provided, and

(d) the quality of leadership and management in connection with the provision of day care in England.

(1A) In subsection (1)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.”

(3) In subsection (6)—

(a) for “subsection (7)(a) of section 2 of the School Inspections Act 1996” substitute “ section 3(a) of the Education Act 2005 ”, and

(b) for “subsection (7)(b) of that section” substitute “ section 3(b) of that Act ”.

2 E+W Omit section 79P of the Children Act 1989 (early years child care inspectorate for England).

3 (1) Section 79Q of the Children Act 1989 (inspection of provision of child minding and day care in England) is amended as follows. E+W

(2) In subsection (1), for “provision” substitute “ provider ”.

(3) In subsection (2), omit “or secure the inspection by a registered inspector of”.

(4) In subsection (3), omit “or secure the inspection by a registered inspector of”.

(5) Omit subsection (4).

(6) After subsection (5) insert—

“(5A) Regulations may make provision requiring a registered person, except in prescribed cases, to notify prescribed persons of the fact that any child minding or day care provided by the registered person is to be inspected under this section.”

(7) For subsection (6) substitute—

“(6) When conducting an inspection under this section the Chief Inspector shall report in writing on—

(a) the quality and standards of the child minding or day care provided,

(b) how far the child minding or day care meets the needs of the range of children for whom it is provided,

(c) the contribution made by the child minding or day care to the well-being of the children for whom it is provided, and

(d) in the case of day care, the quality of leadership and management in connection with its provision.

(6A) In subsection (6)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.”

(8) Omit subsection (7).

Commencement Information

I1 Sch. 7 para. 3 wholly in force at 3.10.2005; Sch. 7 para. 3 not in force at Royal Assent see s. 125; Sch. 7 para. 3(6) in force at 1.8.2005 by S.I. 2005/2034, art. 2; Sch. 7 para. 3 in force at 3.10.2005 so far as not already in force by S.I. 2005/2034, art. 7

4 (1) Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is amended as follows.

(2) Omit subsections (1) and (2).

(3) For subsection (3) substitute—

“(3) Where the Chief Inspector reports on an inspection under section 79Q he—

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

(b) shall ensure that a copy of the report is sent to the registered person providing the child minding or day care that was inspected;

(c) shall ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other authorities or persons as may be prescribed; and

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

(4) After subsection (3) insert—

“(3A) Regulations may make provision—

(a) requiring a registered person to make a copy of any report sent to him under subsection (3)(b) available for inspection by prescribed persons,

(b) requiring a registered person, except in prescribed cases, to provide a copy of the report to prescribed persons, and

(c) authorising a registered person in prescribed cases to charge a fee for providing a copy of the report.”

(5) For subsection (4) substitute—

“(4) Subsections (2) to (4) of section 11 of the Education Act 2005 (publication of inspection reports) shall apply in relation to the publication of a report under subsection (3) as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of section 11.”

Commencement Information

I2 Sch. 7 para. 4 wholly in force at 3.10.2005; Sch. 7 para. 4 not in force at Royal Assent see s. 125; Sch. 7 para. 4(4) in force at 1.8.2005 by S.I. 2005/2034, art. 2; Sch. 7 para. 4 in force at 3.10.2005 so far as not already in force by the said S.I. 2005/2034, art. 7

Valid from 01/09/2006

5 (1) Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended as follows. E+W

(2) In subsection (2)(a), omit “the quality and standards of”.

(3) In subsection (4), for “section 42A of the School Inspections Act 1996” substitute “ section 29 of the Education Act 2005 ”.

Valid from 03/10/2005

6 E+W In section 79U of the Children Act 1989 (rights of entry etc.), in subsection (4), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Commencement Information

I3 Sch. 7 para. 6 wholly in force at 1.9.2006 ; Sch. 7 para. 6 not in force at Royal Assent see s. 125; Sch. 7 para. 6 in force for E. at 3.10.2005 by S. I. 2005/2034, art. 6; Sch. 7 para. 6 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1