1 Citation and interpretation

(1)    This Order may be cited as the Childcare Act 2006 (Commencement No 3 and Transitional Provision) Order 2007.

(2)    In this Order “the Act” means the Childcare Act 2006.

NOTES
Initial Commencement
Date Made

Date made: 12 September 2007: (no specific commencement provision).

2 Provisions of the Act coming into force on 1st October 2007

2Provisions of the Act coming into force on 1st October 2007

The following provisions of the Act come into force on 1st October 2007—

(a)    sections 8 (powers of local authority in relation to the provision of childcare), 9 (arrangements between local authority and childcare providers), 10 (charges where local authority provide childcare), 17 (charges for early years provision at maintained school) and 51 (interpretation of Chapter 2);

(b)    section 13 (duty to provide information, advice and training to childcare providers) in so far as it is not already in force;

(c)    sections 33 to 37, 49, 50, 52 to 56 and 59 to 61 for the purposes of making an order or regulations;

(d)    paragraph 2(1), (3) and (5) of Schedule 1 (and section 48 in so far as it relates to those sub-paragraphs of that paragraph);

(e)    paragraphs 4 and 32(1), (2), (3) and (5) of Schedule 2 (and section 103(1) in so far as it relates to those paragraphs);

(f)    in relation to England—

paragraph 32(4) of Schedule 2 (and section 103(1) in so far as it relates to that paragraph), and

in Part 2 of Schedule 3 the repeal of section 119(5)(ab) of the School Standards and Framework Act 1998 (and section 103(2) in so far as it relates to that provision).

NOTES
Initial Commencement
Date Made

Date made: 12 September 2007: (no specific commencement provision).

3 Transitional Provision

3Transitional Provision

Despite the amendment made by paragraph 2(5) of Schedule 1 to the Act, the definition of “funded nursery education” in section 23(5) of the Education Act 1997 (as inserted by paragraph 1(6) of Schedule 17 to the Education Act 2002) continues to have effect for the purposes of subsection (1) of that section until the coming into force of paragraph 2(2) and (4) of Schedule 1 to the Act.

NOTES
Initial Commencement
Date Made

Date made: 12 September 2007: (no specific commencement provision).

Signature

Beverley Hughes

Minister of State

Department for Children, Schools and Families

12th September 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This is the third Commencement Order made under the Childcare Act 2006 (“the Act”). Article 2 sets out provisions of the Act coming into force on 1st October 2007 to the extent specified in each paragraph. Article 3 is a transitional provision relating to a provision commenced by Article 2(d).

Article 2(a) lists provisions in Parts 1 and 3 of the Act coming into force in full.

Article 2(b) brings section 13 into force to the extent that it is not already in force. Section 13 requires English local authorities (which are defined in section 106 of the Act) to provide information, advice and training on childcare in accordance with regulations. Those regulations are the Childcare Providers (Information, Advice and Training) Regulations 2007 (SI 2007/1797), which come into force on 1st October 2007.

Article 2(c) brings provisions in Part 3 of the Act into force for the purposes of making an order or regulations.

Article 2(d) brings amendments in Schedule 1 to the Act (amendments relating to the curriculum) relating to the functions of the Qualifications and Curriculum Authority into force, subject to a transitional provision. The transitional provision is in article 3, and provides that the definition of “funded nursery education” in section 23(5) of the Education Act 1997 (c 44) (functions of the Authority in relation to curriculum and assessment) is to continue to have effect until the commencement of paragraph 2(2) and (4) of Schedule 1 to the Act. The definition is required to enable the Qualifications and Curriculum Authority to continue to exercise its functions in relation to children for whom funded nursery education is provided in England otherwise than at a maintained school or nursery school.

Article 2(e) brings provisions in Schedule 2 to the Act (minor and consequential amendments) into force. Paragraph 4 of Schedule 2 makes an amendment to section 18 of the Children Act 1989 (c 41) (day care for pre-school and other children).

Article 2(e) also commences paragraph 32(1), (2), (3) and (5) of Schedule 2 to the Act. Article 2(f) commences paragraph 32(4) of Schedule 2 and an associated repeal in Schedule 3 to the Act in relation to England. These provisions amend section 119 of the School Standards and Framework Act 1998 (c 31) so that a local education authority in England is no longer required to establish an early years development and childcare partnership.

Pre-school Education96 Education Law96