Search Legislation

The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

Changes over time for: Explanatory Notes

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/01/2024.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Childcare (Free of Charge for Working Parents) (England) Regulations 2022. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations secure that childcare is available free of charge for qualifying children of working parents.

These Regulations replace the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257).

Part 3 provides for determinations as to whether a child is eligible for childcare under section 1 of the Childcare Act 2016 (c. 5) (“the Act”). In summary:

  • regulations 13 to 18 specify matters for the purposes of section 1(2)(c) and (d) of the Act (which relate to the definition of “qualifying child of working parents”);

  • regulations 19 to 21 provide for the making of declarations under section 1(2)(e) of the Act (to the effect that a child is a qualifying child of working parents);

  • regulations 22 to 24 provide for the making of determinations as to whether a child is a qualifying child of working parents;

  • regulations 25 and 26 set out the period for which a declaration in respect of a child determined to be a qualifying child of working parents has effect;

  • regulation 27 sets out the period for which a child (in respect of whom a declaration has effect) is eligible for childcare under section 1 of the Act.

  • regulations 28 and 29 provide for the disclosure of information.

Part 4 sets out offences and penalties. In summary:

  • regulation 30 makes it an offence to share unlawfully any personal information disclosed under regulation 28 or 29;

  • regulations 31 to 33 establish penalties for certain conduct connected with determinations as to whether a child is eligible for childcare under section 1 of the Act;

  • regulations 34 and 35 provide for the assessment and enforcement of penalties.

Part 5 provides for reviews and appeals. In summary:

  • regulations 36 to 38 provide for the review of, and the procedure to review, certain decisions made by the Commissioners for His Majesty’s Revenue and Customs;

  • regulation 39 provides for appeals to the First-tier Tribunal against decisions reviewed under regulations 36 to 38;

  • regulations 40 to 42 sets out the decisions the First-tier Tribunal may make in appeals.

  • regulation 43 provides that the Commissioners for His Majesty’s Revenue and Customs and an appellant may settle an appeal by agreement before it is finally disposed.

Part 6 sets out the duties of English local authorities. In summary:

  • regulation 44 requires an English local authority to secure that childcare is made available free of charge for qualifying children of working parents in their area;

  • regulations 45 to 48 require, and provide for, an English local authority to make arrangements with a childcare provider the parent of a child chooses to provide any childcare the local authority must secure for their child;

  • regulation 49 requires an English local authority, when discharging its duties under these Regulations, to have regard to any guidance given by the Secretary of State.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

Table of corresponding provisions

The following table sets out where the regulatory provisions of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (“the 2016 Regulations”) may be found in these Regulations.

Origin in the 2016 RegulationsDestination in these Regulations
Regulation 3(1)Regulations 13 and 20(a)
Regulation 3(2) and (3)Regulation 9
Regulations 4 and 4ARegulations 14 and 15
Regulation 5(1) and (1A)Regulations 16 and 17(1) and (2)
Regulation 5(2)Regulation 7(1)(c)
Regulations 5(3) to (6) and 6Regulation 18
Regulation 7Regulation 17(3)(b) and (4)
Regulations 8 and 9Regulations 16(3) and 17(3)(a)
Regulation 10Regulation 10
Regulation 11Regulation 19(2)
Regulation 12Regulation 11
Regulations 13 and 14Regulation 21
Regulations 15 and 16Regulations 25 to 27
Regulation 17Regulation 22
Regulation 17ARegulation 24
Regulation 18(1) to (3)Regulation 28
Regulation 18(4) to (6)Regulation 29
Regulation 19Regulation 30
Regulation 20Regulation 22(2)(c)
Regulations 21 and 29Regulations 36 and 38
Regulations 22 and 30Regulation 37
Regulations 23 and 31Regulation 39
Regulation 24Regulation 41
Regulation 25Regulation 33
Regulation 26Regulation 32
Regulation 27Regulation 31
Regulation 28Regulation 34
Regulation 32Regulation 42
Regulations 33 and 35Regulation 44
Regulation 34Regulation 6(1)(a)
Regulation 36Regulation 45
Regulation 37Regulation 46
Regulation 38(1)Regulation 47
Regulation 38(2)Regulation 48
Regulation 39Regulation 49

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources