Childcare Act 2006

Provision of childcare

22Duty to secure sufficient childcare for working parents

(1)A Welsh local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

(a)to take up, or remain in, work, or

(b)to undertake education or training which could reasonably be expected to assist them to obtain work.

(2)In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

(a)must have regard to the needs of parents in their area for—

(i)the provision of childcare in respect of which the child care element of working tax credit is payable,

(ii)the provision of childcare which is suitable for disabled children, and

(iii)the provision of childcare involving the use of the Welsh language, and

(b)may have regard to any childcare which they expect to be available outside their area.

(3)In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Assembly.

(4)The Assembly may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

(5)Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

(6)In this section—

• “child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);

• “disabled child” means a child who has a disability for the purposes of the Disability Discrimination Act 1995 (c. 50);

• “parent” includes any individual who—

  (a)

  has parental responsibility for a child, or

  (b)

  has care of a child.

23Powers of local authority in relation to the provision of childcare

(1)A Welsh 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)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)In exercising their functions under this section, a Welsh local authority must have regard to any guidance given from time to time by the Assembly.

24Arrangements between local authority and childcare providers

(1)This section applies where a Welsh local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

(2)The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

(3)The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

25Charges where local authority provide childcare

(1)A Welsh local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.

(2)Subsection (1) does not apply to childcare provided under section 18 of the Children Act 1989 (c. 41) (day care for pre-school and other children), provision as to charges for such care being made by section 29 of that Act.

26Power to require local authority to assess childcare provision

(1)The Assembly may by regulations require a Welsh local authority to—

(a)prepare assessments at prescribed intervals of the sufficiency of the provision of childcare (whether or not by them) in their area;

(b)review any such assessment prepared by them.

(2)Regulations under subsection (1) may make provision for the manner in which an assessment or review is to be prepared and, in particular, may require the local authority to—

(a)consult such persons, or persons of such a description, as may be prescribed, and

(b)have regard to any guidance given from time to time by the Assembly.

(3)Subsection (5) of section 22 applies for the purposes of this section as it applies for the purposes of that section.