The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/88
Year2016
(1) The title of these Regulations is the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016.(2) These Regulations come into force on 1 April 2016.(3) These Regulations apply in relation to Wales.(1) In these Regulations—
  • the Act” (“y Ddeddf”) means the Childcare Act 2006;
  • the Measure” (“y Mesur”) means the Children and Families (Wales) Measure 2010 ;
  • assessment” (“asesiad”) means the assessment carried out by a local authority in accordance with these Regulations;
  • child minding” (“gwarchod plant”) . has the meaning in Part 2 of the Measure;
  • childcare” (“gofal plant”) has the meaning in section 30 of the Act;
  • childcare provider” (“darparwr gofal plant”) means any person who is registered under Part 2 of the Measure to provide childcare;
  • day care” (“gofal dydd”) has the meaning in Part 2 of the Measure;
  • foundation phase” (“cyfnod sylfaen”) has the meaning in the Education (National Curriculum) (Foundation Phase) (Wales) Order 2014 ;
  • home childcare providers” (“darparwyr gofal plant yn y cartref”) means persons approved under a scheme made by the Welsh Ministers pursuant to section 12 of the Tax Credits Act 2002 ;
  • play monitoring group” (“grŵp monitro chwarae”) means a group established by a local authority for the purpose of securing sufficient play opportunities for children in its area, the members of which consist of the local authority and such other persons as the local authority considers appropriate;
  • relevant premises” (“mangre berthnasol”) means premises on which a person acts as a childcare provider;
  • Welsh medium education forum” (“fforwm addysg cyfrwng Cymraeg”) means a body established by a local authority for the purpose of improving the provision of Welsh medium education in its area, the members of which consist of the local authority and such other persons as the local authority considers appropriate .
child minding;each of the types of day care identified in standards made by the Welsh Ministers from time to time and to which regard must be had pursuant to section 30(3) of the Measure; andhome childcare providers (nannies) .(1) The local authority must prepare and publish assessments of the sufficiency of the provision of childcare in its area.(2) The first assessment must be published by 31 March 2017.(3) Subsequent assessments must be prepared and published at five yearly intervals.(4) In preparing an assessment the local authority must have regard to any guidance given by the Welsh Ministers.(5) The local authority must send a copy of the assessment prepared under paragraphs (2) and (3) to the Welsh Ministers.(1) Each assessment prepared by the local authority must include an action plan.an insufficiency in childcare provision for children in the local authority area, the action plan must set out what steps need to be taken to improve the opportunities for children to access childcare provision within that local authority area, orthat opportunities for children to access childcare in the local authority area are sufficient, the action plan must set out what steps need to be taken to maintain opportunities for children to access childcare within that local authority area.
  • The Schedule (which prescribes the matters which must be contained in the assessment) has effect.
  • children;
  • parents or carers;
  • childcare providers;
  • children;
  • parents or carers;
  • childcare providers;
  • persons with an interest in childcare;
  • persons representing those with an interest in childcare;
  • persons representing local employers and employer organisations;
  • local employers;
  • neighbouring local authorities;
  • schools;
  • further education colleges.
  • the Safeguarding Children Board of which it is a Safeguarding Board partner
  • if established in the local authority's area, the Welsh medium education forum;
  • if established in the local authority's area, the play monitoring group; and
  • notify any Jobcentre Plus offices in the local authority's area and invite the submission of any views.
  • Prior to publishing the assessment prepared under these Regulations, the local authority must publish a draft of the assessment on the local authority's website for a period of 28 days to give the persons who have been consulted the opportunity to comment on the draft.
  • The local authority must amend the draft assessment in such way as they consider appropriate in response to any comments received.
  • The local authority must publish the assessment on the local authority's website.
  • The local authority may provide copies of the assessment to the public upon request.
  • the first assessment;
  • the subsequent assessments required by regulation 3(3) .
  • The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2013
  • (1) In this Schedule—
    • childcare costs element of universal credit” (“elfen costau gofal plant o gredyd cynhwysol”) means an amount included in an award of universal credit under section 12 of the Welfare Reform Act 2012 and prescribed in the Universal Credit Regulations 2013 ;
    • childcare costs element of working tax credit” (“elfen costau gofal plant o gredyd treth gwaith”) means an amount included in an award of working tax credit under section 12 of the Tax Credit Act 2002 and prescribed in the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
    • childcare providers waiting list” (“rhestr aros y darparwr gofal plant”) means the list of applicants who await an offer from the childcare provider for a childcare place in respect of a child;
    • employer supported childcare” (“gofal plant â chymorth cyflogwr”) means an employer support scheme that qualifies for tax relief under sections 35 and 36 of, and Schedule 8 to, the Finance Act 2011 ;
    • session length” (“hyd sesiwn”) means the maximum period of time for which a childcare provider will care for a child in a day;
    • tax free childcare” (“gofal plant di-dreth”) means the scheme under section 1 of the Childcare Payments Act 2014 .
    childcare places filled;childcare places required;childcare places filled;childcare places required;places filled and required in respect of which the childcare costs element of working tax credit or the childcare costs element of universal credit may be used;places filled and required for which parents would be able to use employer supported childcare or tax free childcare;places filled and required for children who have special educational needs or who require specialist care due to a disability;free childcare

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