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THE CHILDCARE ACT 2006 (PROVISION OF INFORMATION TO PARENTS) (ENGLAND) REGULATIONS 2007

UK Statutory Instruments

Version as made

2007 No. 3490


  • Version as made

Introductory Text

Statutory Instruments

2007 No. 3490

CHILDREN AND YOUNG PERSONS, ENGLAND

The Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007

Made

10th December 2007

Laid before Parliament

18th December 2007

Coming into force

1st April 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 79N(5) of the Children Act 1989(1) and sections 12(2) and 104(2) of the Childcare Act 2006(2):

Citation, commencement and interpretation

1.—(1)  These Regulations may be cited as the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007 and come into force on 1st April 2008.

(2)  In these Regulations— “the 1989 Act” means the Children Act 1989; “the 2006 Act” means the Childcare Act 2006; “the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills(3 ) ; “free early years provision” means early years provision which is provided free of charge pursuant to the duty imposed on an English local authority by section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge) ; “registered person” means a person who is registered under Chapter 2 (regulation of early years provision) , Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the 2006 Act; “relevant premises” means, in relation to a person providing childcare, the premises on which the provision of childcare by that person takes place.

Prescribed descriptions of information about childcare

2.—(1)  The descriptions of information set out in Schedule 1 are prescribed for the purposes of section 12(2) of the 2006 Act in relation to the childcare mentioned in section 12(2) (a) of that Act.

(2)  Information is not to be treated as being of a prescribed description under paragraph (1) —
(a) to the extent that it is information relating to a parent or relative of any child to whom childcare is being or has been provided, including their name, address, telephone number, email address or fax number, unless—
(i) that parent or relative is the childcare provider, or
(ii) that parent or relative has given their consent to its disclosure;
(b) to the extent that it is information as to the name, home address, telephone number, fax number or email address of a person providing childcare and where that person has notified the English local authority that they do not wish the information to be disclosed; or
(c) where the English local authority are required under any enactment, by any rule of law, or by the order of a court not to disclose the information.

Prescribed descriptions of information about services, facilities and publications

3.  The descriptions of information set out in Schedule 2 are prescribed for the purposes of section 12(2) of the 2006 Act in relation to the services, facilities and publications mentioned in section 12(2) (b) and (c) of that Act.

Transitional modifications to these Regulations

4.  Until 1st September 2008, these Regulations shall have effect with the modifications set out in Schedule 3.

Amendment to the Child Minding and Day Care (Disclosure Functions) (England) Regulations 2004

5.—(1)  The Child Minding and Day Care (Disclosure Functions) (England) Regulations 2004(4 ) are amended as follows.

(2)  In the second entry in the Schedule, for “section 118A(3) of the School Standards and Framework Act 1998” substitute “section 12 of the Childcare Act 2006”.

Revocation of the Childcare (Provision of Information) (England) Regulations 2007

6.  The Childcare (Provision of Information) (England) Regulations 2007(5 ) are revoked. Beverley HughesMinister of StateDepartment for Children, Schools and Families10th December 2007