Part 1

General functions of local authority: England

Provision of childcare

Powers of local authority in relation to the provision of childcare
8
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.