Apprenticeships, Skills, Children and Learning Act 2009

Childcare Act 2006 (c. 21)E+W+N.I.

38E+W+N.I.The Childcare Act 2006 is amended as follows.

39(1)Section 41 (the learning and development requirements) is amended as follows.E+W+N.I.

(2)In subsection (2)(c) for the words from “for the purpose” to “early learning goals” substitute “ for the specified purposes ”.

(3)After subsection (4) insert—

“(4A)In subsection (2)(c) “the specified purposes” means—

(a)the purpose of ascertaining what children have achieved in relation to the early learning goals, and

(b)such other purposes as the Secretary of State may by order specify.”

40(1)Section 42 (further provisions about assessment arrangements) is amended as follows.E+W+N.I.

(2)In subsection (2)—

(a)omit the “and” at the end of paragraph (b);

(b)after paragraph (c) insert—

“(d)the Qualifications and Curriculum Development Agency, and

(e)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.”

(3)Omit subsection (4).

(4)In subsection (5) for the words before paragraph (a) substitute “ The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them— ”.

(5)For subsection (6) substitute—

“(6)A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(6A)In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

(6B)A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(6C)Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.”

41E+W+N.I.In section 44(1) (instruments specifying learning and development or welfare requirements) for “published as specified” substitute “ published by a person, and in the manner, specified ”.

42E+W+N.I.In section 46 (power to enable exemptions from learning and development requirements to be conferred) after subsection (1) insert—

“(1A)Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.

(1B)If required by the Secretary of State to do so the reviewing body must keep under review the effect of a direction given under regulations made under subsection (1).

(1C)In subsection (1B) “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.

(1D)A designation under subsection (1C) may make different provision for different purposes.”