8Powers of local authority in relation to the provision of childcareE+W
(1)An English local authority may—
(a)assist any person who provides or proposes to provide childcare;
(b)make arrangements with any other person for the provision of childcare;
(c)subject to subsection (3), provide childcare.
(2)The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.
(3)An English local authority may not provide childcare for a particular child or group of children unless the local authority are satisfied—
(a)that no other person is willing to provide the childcare (whether in pursuance of arrangements made with the authority or otherwise), or
(b)if another person is willing to do so, that in the circumstances it is appropriate for the local authority to provide the childcare.
(4)Subsection (3) does not affect the provision of childcare by the governing body of a maintained school.
(5)Subsection (3) does not apply in relation to the provision of childcare under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need).
(6)In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.
Commencement Information
I1S. 8 in force at 1.10.2007 by S.I. 2007/2717, art. 2(a)