OpenLegislation

Section 19 Review of provision for day care, child minding etc.I1F1

England and Wales

(F21)

Every local authority in England and Wales shall review—

(a)

the provision which they make under section 18;

(b)

the extent to which the services of child minders are available within their area with respect to children under the age of eight; and

(c)

the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under F3Part XA.

(2)

A review under subsection (1) shall be conducted—

(a)

together with the appropriate local education authority; and

(b)

at least once in every review period.

(3)

Every local authority in Scotland shall, at least once in every review period, review—

(a)

the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and

(b)

the extent to which the services of child minders are available within their area with respect to children under the age of eight.

(4)

In conducting any such review, F4the two authorities or, in Scotland,the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.

(5)

In this section—

  • F5 “relevant establishment” means—

    1. (a)

      in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and

    2. (b)

      in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);

  • “ review period ” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.

(6)

Where a local authority have conducted a review under this section they shall publish the result of the review—

(a)

as soon as is reasonably practicable;

(b)

in such form as they consider appropriate; and

(c)

together with any proposals they may have with respect to the matters reviewed.

(7)

The authorities conducting any review under this section shall have regard to—

(a)

any representations made to any one of them by any relevant F6Health Authority, Special Health Authority F7, Primary Care Trustor health board; and

(b)

any other representations which they consider to be relevant.

(8)

In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the M1 National Health Service (Scotland) Act 1978.

Annotations

Textual amendments

F1

S. 19 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F2

S. 19(1)(2) repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, ss. 149, 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2

F3

Words in s. 19(1)(c) substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(a); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F4

In s. 19(4) words repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, s. 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2

F5

S. 19(5): definition of

“relevant establishment”

substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(b); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F6

Words in s. 19(7)(a) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(2)(with Sch. 2 para. 6)

F7

Words in s. 19(7)(a) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(2)

Marginal citations

M1

1978 c. 29.

Commencement

I1

S. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Notes on Part III

Textual amendments

F1

Pt. 3 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(2)