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Childcare Act 2006

Section 103:  Minor and consequential amendments and repeals

193.Section 103 gives effect to Schedule 2, which makes minor and consequential amendments to a number of enactments, in particular, the Children Act 1989, the Education Act 1996 and the School Standards and Framework Act 1998.

194.The amendment at paragraph 1 of Schedule 2 is a minor amendment which is not directly related to the other provisions of the Act. Most of the adoption functions of local authorities under the Adoption Act 1976 were repealed by the Adoption and Children Act 2002 (which conferred new functions relating to adoption on local authorities). However, some functions under the 1976 Act continue to be exercisable by virtue of transitional or saving provisions made by or under the 2002 Act. The amendment made by paragraph 1 ensures that such functions will be treated as social services functions for the purpose of the Local Authority Social Services Act 1970.

195.The amendments to Part 10A of the Children Act 1989 confine its application to Wales as it is superseded for England by Part 3 of the Act (see paragraphs 4 to 18 of Schedule 2 to the Act).

196.A number of the amendments in Schedule 2 are consequential on the replacement (for England) of section 118 of the School Standards and Framework Act 1998 by the new duty in section 7 to secure prescribed early years provision free of charge (see paragraphs 21 to 24, 27 and 34).

197.The repeal (made by paragraph 31 of Schedule 2) of section 118A of the School Standards and Framework Act 1998 removes local authorities’ duties under that Act to assess the sufficiency of childcare and to establish an information service for the public about the provision of childcare and related services, as these duties have been superseded by the provisions of Parts 1 and 2 of this Act.

198.Section 103 also provides for the enactments specified in Schedule 3 to be repealed to the extent specified.

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