Search Legislation

The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2008

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Welsh Statutory Instruments

2008 No. 169 (W.22)

CHILDREN AND YOUNG PERSONS, WALES

The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2008

Made

28 January 2008

Laid before the National Assembly for Wales

30 January

Coming into force

1 April 2008

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales by section 26 of the Childcare Act 2006(1), and now vested in them (2) makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2008 and they come into force on 1 April 2008.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Childcare Act 2006;

“assessment” (“asesiad”) means the assessment carried out by a local authority under section 26(1) of the Act;

“childcare” (“gofal plant”) means care which is required to be registered under part 10A of the Children Act 1989(3) or care which would be required to be registered under part 10A but for the fact that it is provided for a child aged 8 or over;

“childcare provider” (“darparydd gofal plant”) means any person who provides childcare;

“free nursery education” (“addysg feithrin am ddim”) means provision which is made under arrangements between the provider and the local authority in pursuance of the local authority’s duty under section 118 of the School Standards and Framework Act 1998(4)

“local authority’s partners” (“partneriaid yr awdurdod lleol”) means the relevant partners as defined in section 25 of the Children Act 2004(5) and JobCentre Plus;

“session length” (“hyd sesiwn”) means the maximum period of time for which a childcare provider will care for a child in a day;

(2) In these Regulations, the age ranges are—

(a)ages 2 and under;

(b)ages 3 and 4;

(c)ages 5, 6 and 7;

(d)ages 8, 9 and 10;

(e)ages 11, 12, 13 and 14; and

(f)in relation to disabled children only, ages 15, 16 and 17.

(3) In these Regulations, the types of childcare are—

(a)childminding;

(b)full day care;

(c)sessional care;

(d)out of school care; and

(e)creches

Matters to be contained in the assessment

3.—(1) The assessment must include in respect of each local authority area details of—

(a)the number of free nursery education places required;

(b)the number of free nursery education places available;

(c)in respect of each type of childcare and each age range—

(i)the number of places required;

(ii)the number of places available;

(iii)the number of places required in respect of which the childcare element of working tax credit may be used;

(iv)the number of places available for which parents would be able to use the childcare element of the working tax credit;

(v)the times at which the childcare is required;

(vi)the times at which the childcare is available;

(vii)the range of session lengths offered by childcare providers;

(viii)the requirements for specialist care for disabled children and those with special educational needs;

(ix)the number of places available which are suitable for children who have special educational needs or who require specialist care due to a disability;

(x)the number of Welsh language and bilingual childcare places required;

(xi)the number of Welsh language and bilingual childcare places available;

(xii)the number of vacant and unused places; and the range of charges for the childcare.

(2) The assessment must include a summary of childcare needs which are not met in the local authority area including those which relate to the—

(a)types of care available;

(b)age of children for whom care is available;

(c)affordability of childcare;

(d)times at which childcare is available;

(e)specific needs of disabled children;

(f)availability of Welsh language and bilingual childcare; and

(g)location of childcare.

Consultation

4.  In preparing the assessment, the local authority must consult such—

(1) children;

(2) parents;

(3) childcare providers;

(4) persons representing children, parents and childcare providers;

(5) persons with an interest in childcare and persons representing those with an interest in childcare;

(6) persons representing local employers and employer organisations;

(7) local employers;

(8) neighbouring local authorities;

(9) schools; and

(10) further education colleges

in the local authority area as it considers appropriate.

5.  In preparing the assessment, the local authority must consult—

(1) the Local Safeguarding Children Board; and

(2) the local authority’s partners.

Draft summary

6.  Prior to publishing a summary of the assessment under regulation 3, the local authority must make generally available a draft of the summary of the assessment which they propose to publish for the purpose of allowing the persons listed in regulations 4 and 5 the opportunity to comment on the draft.

7.  The local authority must amend the draft summary of the assessment in such way as they consider appropriate in response to any comments received by virtue of regulations 4 and 5.

Publication of Assessment

8.  The local authority must publish a summary of the assessment on the local authority website.

9.  The local authority must deposit copies of the summary of the assessment in such public libraries, childcare settings, schools and other public places as they consider appropriate.

10.  The summary of the assessment must include—

(1) the information specified in regulation 3(1) in respect of the local authority area ; and

(2) the information specified in regulation 3(2).

Jane Hutt

Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

28 January 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the required content of the local authority assessment of childcare in its area. This includes both the requirements for childcare and the availability of childcare in its area. The regulations also set out the persons and bodies that the local authority must consult and the manner in which the assessment must be published.

(2)

By virtue of paragraph 30 of Schedule 11 of the Government of Wales Act 2006

Back to top

Options/Help

Print Options

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. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

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

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 made 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