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STATUTORY INSTRUMENTS


2007 No. 463

CHILDREN AND YOUNG PERSONS, ENGLAND

The Childcare Act 2006 (Childcare Assessments) Regulations 2007

  Made 19th February 2007 
  Laid before Parliament 27th February 2007 
  Coming into force 1st April 2007 

The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 11(5) and (6)(a) and 104(2) of the Childcare Act 2006[1]:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Childcare Act 2006 (Childcare Assessments) Regulations 2007 and come into force on 1st April 2007.

    (2) In these Regulations—

    (3) For the purposes of these Regulations, the age ranges of children are—

    (4) A child is of the age of 14—

    (5) For the purposes of these Regulations, the types of childcare are—

Consultation
     2. The following persons and descriptions of persons are prescribed for the purposes of section 11(6)(a) of the Act—

Preparation of a childcare assessment
     3. —(1) A childcare assessment must be prepared according to the criteria specified in paragraphs (2) and (3).

    (2) The criteria are, in relation to each authority sub-area—

    (3) The criteria are, in relation to each authority sub-area, each age range of children and each type of childcare—

    (4) The authority must make available for comment a draft childcare assessment.

    (5) In this regulation a "sub-area" of an authority is—

Prescribed matters for the purposes of the childcare assessment
    
4. A childcare assessment must deal with the following matters—

Publication of childcare assessment
    
5. An authority must publish a childcare assessment by—


Beverley Hughes
Minister of State Department for Education and Skills

19th February 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision in relation to the assessments of the sufficiency of childcare in their area that an English local authority ("an authority") must make under section 11 of the Childcare Act 2006 (c.21). "English local authority" is defined in section 106 of that Act.

Regulation 2 lists the persons and descriptions of persons an authority must consult in preparing their childcare assessment. The authority must prepare their childcare assessment in accordance with the criteria set out in regulation 3, namely criteria such as the numbers of free nursery provision places for 3 and 4 year olds required and provided, the number of places in childcare of various descriptions required and provided, times of day childcare is provided and charges made in respect of childcare. The information must be collected in relation to sub-areas of the authority (see regulation 3(5)). The authority must make available for comment a draft of a childcare assessment.

Regulation 4 prescribes the matters that must be dealt with by a childcare assessment. The assessment must give the information collected by the authority pursuant to regulation 3, but in respect of the whole of the area of the authority rather than in relation to sub-areas.

Regulation 5 sets out that the childcare assessment must be published on the local authority's website and copies made available in public libraries, premises of childcare providers, schools and other places the authority consider appropriate.

A Regulatory Impact Assessment has been carried out for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website
http://www.dfes.gov.uk/ria.


Notes:

[1] 2006 c.21.back

[2] See section 106 of the Childcare Act 2006 for the meaning of "English local authority".back

[3] 2002 c.21.back

[4] 1995 c.50.back

[5] See also section 96(4) of the Childcare Act 2006.back

[6] 1998 c.31. Section 118 is amended by paragraph 30 of Schedule 2 to the Childcare Act 2006.back

[7] See the Code of Practice on the Provision of Free Nursery Education Places for Three- and Four-Year-Olds, published in February 2006 (ISBN: 1-84478-671-4). Copies can be downloaded from www.surestart.gov.uk or obtained from DfES Publications, PO Box 5050, Sherwood Park, Annesley, Nottinghamshire, NG15 0DJ.back

[8] See also section 96(8) of the Childcare Act 2006.back

[9] 1996 c.56. Section 312 was amended by paragraph 23 of Schedule 7 to the Education Act 1997 (c.44); by paragraph 71 of Schedule 30 to the School Standards and Framework Act 1998 (c.31); by paragraph 56 of the Learning and Skills Act 2000 (c.21) and by paragraph 3 of Schedule 1 to the Education and Inspections Act 2006 (c.40).back

[10] Local Safeguarding Children Boards are established under section 13 of the Children Act 2004 (c.31).back

[11] 1973 c.50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19) and amended by Part 1 of Schedule 7 to the Employment Act 1989 (c.38) and (in relation to Scotland) section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).back

[12] 2004 c.31.back

[13] 1992 c.13.back



ISBN 978 0 11 075842 8


 © Crown copyright 2007

Prepared 27 February 2007


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