Search Legislation

Childcare Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Childcare Act 2006, Part 4 is up to date with all changes known to be in force on or before 24 October 2018. 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. Help about Changes to Legislation

Close

Changes to Legislation

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.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 4E+WMiscellaneous and General

Provision of information about childrenE+W

99Provision of information about young children: EnglandE+W

(1)Regulations may make provision, in relation to England, requiring—

(a)a person registered as an early years provider under Chapter 2 of Part 3,

[F1(aa)a person registered as an early years childminder agency under Chapter 2A of Part 3,] F2...

(b)a person who provides early years provision in respect of which, but for section 34(2) (exemption for provision for children aged [F32 ] or over at certain schools), he would be required to be registered under that Chapter,[F4, and

(c)any other person who provides early years provision for the purposes of section 1(1) of the Childcare Act 2016 (Secretary of State's duty to secure 30 hours free childcare available for working parents),]

to provide to the relevant person such individual child information as may be prescribed.

(2)In subsection (1), “the relevant person” means one or more of the following—

(a)the Secretary of State, and

(b)any prescribed person.

(3)Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

(a)to the Secretary of State, or

(b)to any prescribed person.

(4)The Secretary of State may provide any individual child information—

(a)to any information collator,

(b)to any prescribed person, or

(c)to any person falling within a prescribed category.

(5)Any information collator—

(a)may provide any individual child information—

(i)to the Secretary of State, or

(ii)to any other information collator, and

(b)may at such times as the Secretary of State may determine or in prescribed circumstances provide such individual child information as may be prescribed—

(i)to any prescribed person, or

(ii)to any person falling within a prescribed category.

(6)Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

(a)the Secretary of State,

(b)any information collator, or

(c)any prescribed person.

(7)No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

(8)Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

(9)In this section—

  • early years provision” has the meaning given by section 20;

  • individual child information” means information relating to and identifying individual children for whom early years provision is being or has been provided by a person mentioned in subsection (1)(a) or (b), whether obtained under subsection (1) or otherwise;

  • information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to early years provision, is responsible for collating or checking information relating to children for whom such provision is made;

  • F5...

  • F5...

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 99(1)(aa) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 63; S.I. 2014/889, arts. 3(m), 7(e)

F2Word in s. 99(1)(aa) omitted (3.11.2016) by virtue of Childcare Act 2016 (c. 5), ss. 3(1), 7(2); S.I. 2016/1055, reg. 2(c)

F3Figure in s. 99(1)(b) substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 75(4), 164(3)(e)

F4S. 99(1)(c) and word inserted (3.11.2016) by Childcare Act 2016 (c. 5), ss. 3(1), 7(2); S.I. 2016/1055, reg. 2(c)

Commencement Information

I1S. 99 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I2S. 99 in force at 30.3.2007 in so far as not already in force by S.I. 2007/1019, art. 2

F6100Provision of information about young children: transitory provisionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I3S. 100 in force at 20.12.2006 by S.I. 2006/3360, art. 2(e)

101Provision of information about children: WalesE+W

(1)Regulations may make provision, in relation to Wales, requiring—

(a)a person who is registered under [F7Part 10A of the Children Act 1989 (c. 41)][F7Part 2 of the Children and Families (Wales) Measure 2010] to provide child minding or day care, and

(b)a person who provides funded nursery education,

to provide to the relevant person such individual child information as may be prescribed.

(2)In subsection (1), “the relevant person” means one or more of the following—

(a)the Assembly, and

(b)any prescribed person.

(3)Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Assembly may require that person to provide any such information—

(a)to the Assembly, or

(b)to any prescribed person.

(4)The Assembly may provide any individual child information—

(a)to any information collator,

(b)to any prescribed person, or

(c)to any person falling within a prescribed category.

(5)Any information collator—

(a)may provide any individual child information—

(i)to the Assembly, or

(ii)to any other information collator, and

(b)may at such times as the Assembly may determine or in prescribed circumstances provide such individual child information as may be prescribed—

(i)to any prescribed person, or

(ii)to any person falling within a prescribed category.

(6)Any person holding any individual child information (other than the Assembly or an information collator) may provide that information to—

(a)the Assembly,

(b)any information collator, or

(c)any prescribed person.

(7)No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

(8)Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Assembly is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Assembly.

(9)In this section—

  • child minding” and “day care” have the same meaning as in [F8Part 10A of the Children Act 1989][F8 Part 2 of the Children and Families (Wales) Measure 2010];

  • funded nursery education” means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 (c. 31), which is provided by any person—

    (a)

    under arrangements made with that person by a [F9local authority] in Wales in pursuance of the duty imposed on the authority by section 118 of that Act (duty of [F9local authority] to secure sufficient nursery education), and

    (b)

    in consideration of financial assistance provided by the authority under those arrangements,

    other than such education provided by a school for its pupils;

  • individual child information” means information relating to and identifying individual children for whom child minding, day care or funded nursery education is being or has been provided, whether obtained under subsection (1) or otherwise;

  • information collator” means any body which, for the purposes of or in connection with the functions of the Assembly relating to child minding, day care or funded nursery education (as the case may be), is responsible for collating or checking information relating to children for whom such provision is made;

  • prescribed” means prescribed by regulations;

  • regulations” means regulations made by the Assembly.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Words in s. 101(9) substituted (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1) , s. 75(3) , Sch. 1 para. 24(b) ; S.I. 2010/2582 , art. 2 , Sch. 1 (with Schs. 2 3)

Commencement Information

I4S. 101 in force at 31.1.2008 by S.I. 2008/17, art. 2(c)

Disqualification for registration under Children Act 1989E+W

102Disqualification for registration under Children Act 1989E+W

(1)Paragraph 4 of Schedule 9A to the Children Act 1989 (c. 41) (disqualification for registration) is amended as follows.

(2)In sub-paragraph (2)—

(a)in paragraph (b) after “children” insert “ or on grounds relating to his health ”, and

(b)after paragraph (g) insert—

(ga)he has been given a caution in respect of any offence of a prescribed kind;.

(3)For sub-paragraph (6) substitute—

(6)In this paragraph—

  • caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;

  • enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 102 in force at 20.12.2006 for E. by S.I. 2006/3360, art. 2(f)

I6S. 102 in force at 31.1.2008 for W. by S.I. 2008/17, art. 2(d)

GeneralE+W

103Minor and consequential amendments and repealsE+W

(1)Schedule 2 (which contains minor and consequential amendments) has effect.

(2)The enactments specified in Schedule 3 are repealed to the extent specified.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 103 partly in force; s. 103(1) in force at Royal Assent for certain purposes see s. 109(1)

I8S. 103(1) in force at 1.4.2007 for specified purposes for E. by S.I. 2007/1019, art. 3

I9S. 103(1) in force at 6.4.2007 for specified purposes by S.I. 2007/1019, art. 4

I10S. 103(1) in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(e)

I11S. 103(1) in force at 1.10.2007 for specified purposes for E. by S.I. 2007/2717, art. 2(f)

I12S. 103(1) in force at 1.4.2008 for specified purposes by S.I. 2008/17, art. 3(a)

I13S. 103(1) in force at 1.9.2008 for specified purposes by S.I. 2008/2261, art. 2 (with Schs. 1, 2)

I14S. 103(2) in force at 1.4.2007 for specified purposes by S.I. 2007/1019, art. 3

I15S. 103(2) in force at 6.4.2007 for specified purposes by S.I. 2007/1019, art. 4

I16S. 103(2) in force at 1.10.2007 for specified purposes for E. by S.I. 2007/2717, art. 2(f)

I17S. 103(2) in force at 1.9.2008 for specified purposes by S.I. 2008/2261, art. 2 (with Sch. 1)

104Subordinate legislation: general provisionsE+W

(1)Any power of the Secretary of State or the Assembly to make an order or regulations under this Act is exercisable by statutory instrument.

(2)Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power—

(a)to make different provision for different cases or areas;

(b)to make provision generally or in relation to specific cases;

(c)to make such incidental, supplementary, saving or transitional provision as the Secretary of State or the Assembly thinks fit.

105Subordinate legislation: parliamentary controlE+W

(1)A statutory instrument containing an order or regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Subsection (1) does not apply to—

(a)an order under section 109(2) (commencement), or

(b)an order to which subsection (3) applies.

(3)A statutory instrument which contains (whether alone or with other provisions) —

(a)an order under section 5,

(b)an order under section 41(4), or

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

106General interpretation etc.E+W

In this Act—

  • the Assembly” means the National Assembly for Wales;

  • child” means a person under the age of 18;

  • English local authority” means—

    (a)

    a county council in England;

    (b)

    a metropolitan district council;

    (c)

    a non-metropolitan district council for an area for which there is no county council;

    (d)

    a London borough council;

    (e)

    the Common Council of the City of London (in their capacity as a local authority);

    (f)

    the Council of the Isles of Scilly;

  • [F11“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008; ]

  • maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

  • maintained nursery school” has the same meaning as in the School Standards and Framework Act 1998 (c. 31);

  • parental responsibility” has the same meaning as in the Children Act 1989 (c. 41);

  • [F12“prescribed” (except in Part 2 and section 101) means prescribed by regulations;]

  • registered pupil” has the same meaning as in the Education Act 1996 (c. 56);

  • [F12“regulations” (except in Part 2 and section 101) means regulations made by the Secretary of State;]

  • school” has the same meaning as in the Education Act 1996;

  • Welsh local authority” means a county council or county borough council in Wales;

  • well-being”, in relation to children, has the meaning given by section 1(2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

107Financial provisionsE+W

There shall be paid out of money provided by Parliament—

(a)any expenses incurred by a Minister of the Crown or government department under or by virtue of this Act, and

(b)any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

108Isles of ScillyE+W

Parts 1 and 3 and this Part, in their application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

109CommencementE+W

(1)The following provisions come into force on the day on which this Act is passed—

  • this section,

  • sections 104 to 108,

  • sections 110 and 111, and

  • paragraph 1 of Schedule 2 (and section 103(1) so far as relating to that paragraph).

(2)The other provisions of this Act come into force in accordance with provision made by order by the appropriate authority (as determined under section 110).

110The appropriate authority by whom commencement order is madeE+W

(1)This section has effect for determining who is the appropriate authority for the purposes of section 109(2).

(2)In relation to Parts 1 and 3 (including Schedule 1) and sections 99 and 100, the appropriate authority is the Secretary of State.

(3)In relation to Part 2 and section 101, the appropriate authority is the Assembly.

(4)In relation to section 102, the appropriate authority is—

(a)in relation to England, the Secretary of State, and

(b)in relation to Wales, the Assembly.

(5)In relation to section 103(1) and Schedule 2, the appropriate authority is—

(a)for paragraphs 18(5)(b) and (c), [F1320 to 22, 24], 27, 31, 32(4) and 34 of that Schedule (and section 103(1) so far as relating to those provisions)—

(i)in relation to England, the Secretary of State, and

(ii)in relation to Wales, the Assembly,

(b)for paragraph 28 of that Schedule (and section 103(1) so far as relating to that paragraph), the Assembly, and

(c)for the other provisions of that Schedule to which section 109(2) applies (and section 103(1) so far as relating to those provisions), the Secretary of State.

(6)In relation to section 103(2) and Schedule 3, the appropriate authority is—

(a)for a repeal contained in Part 1 of that Schedule, the Secretary of State, and

(b)for a repeal contained in Part 2 of that Schedule, the appropriate authority for the purposes of section 109(2) in relation to the provision on which the repeal is consequential.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

111Short title and extentE+W

(1)This Act may be cited as the Childcare Act 2006.

(2)Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(3)Except as provided by subsection (2), this Act extends to England and Wales only.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources