- Latest available (Revised)
- Point in Time (21/03/2021)
- Original (As made)
Point in time view as at 21/03/2021.
There are currently no known outstanding effects for the The Milk and Healthy Snack Scheme (Scotland) Regulations 2021, PART 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) The Scottish Ministers are to make a payment to a registered childcare provider on the first day of each payment period in respect of that period.
(2) Where a childcare provider registers for the Scheme after the first day of a payment period, the Scottish Ministers are to make a payment in respect of that period within 4 weeks of the date of registration.
8. In order to register under the Scheme, a childcare provider must provide the registration information specified in schedule 2 to the Scottish Ministers.
9.—(1) The payment made by the Scottish Ministers to a childcare provider in accordance with regulation 7, in respect of a payment period, is to be determined by reference to—
(a)the number of eligible children enrolled with that childcare provider at the beginning of each financial year,
(b)the benefits provided (or reasonably expected to be provided) by that childcare provider under regulation 6,
(c)the market price of the benefit provided (or reasonably expected to be provided) by that childcare provider under regulation 6, and
(d)any adjustment made under regulation 10.
(2) In determining the payment under paragraph (1) the Scottish Ministers may also take into account any other relevant matter.
10.—(1) The Scottish Ministers may make an adjustment to the amount payable under regulation 9 in respect of a payment period as a result of a significant change, in that period, to—
(a)the number of eligible children enrolled with that childcare provider,
(b)the benefits provided by that childcare provider under regulation 6, and
(c)the market price of the benefit provided by that childcare provider under regulation 6.
(2) The Scottish Ministers must make any adjustment to the amount payable in respect of a payment period by the end of the immediately following payment period.
11. In relation to a payment period, a childcare provider must inform the Scottish Ministers of any significant change to—
(a)the number of eligible children enrolled with that childcare provider, and
(b)the benefits provided by that childcare provider under regulation 6.
12. A childcare provider that is no longer entitled to a payment under the Scheme due to a change in circumstances must inform the Scottish Ministers of that change as soon as reasonably practicable.
13. A childcare provider must provide to the Scottish Ministers, on request, the following information—
(a)its status as a childcare provider under regulation 4,
(b)the number of eligible children enrolled with the childcare provider during any period,
(c)records of attendance in relation to any eligible child during any period,
(d)the eligibility of a child under regulation 3,
(e)the entitlement of a child under regulation 5,
(f)the benefit provided or expected to be provided to a child under regulation 6, and
(g)any other relevant information which the Scottish Ministers reasonably require in order to administer the Scheme.
14. In the event that the Scottish Ministers consider that a childcare provider has failed to provide a benefit under the Scheme, the Scottish Ministers may—
(a)reduce the amount payable in forthcoming payment periods,
(b)take any other action, which they consider reasonable, in all the circumstances.
15. The following functions of the Scottish Ministers are delegated to the local authority for its area—
(a)the function of determining a payment period shorter than 12 months under regulation 2, and
(b)the functions under regulations 7 to 14.
16. A local authority must follow any direction issued by the Scottish Ministers when exercising any function under the Scheme.
17. A local authority must have regard to any guidance issued by the Scottish Ministers when exercising any function under the Scheme.
18. A childcare provider must have regard to any guidance issued by the Scottish Ministers with respect to the operation of the Scheme.
19.—(1) A local authority must, on request, disclose the information specified in paragraph (2) to—
(a)SCSWIS,
(b)another local authority.
(2) For the purposes of paragraph (1), the information specified is information provided by—
(a)a childcare provider under regulations 8, 11, 12 or 13,
(b)SCSWIS,
(c)another local authority,
in connection with the Scheme.
(3) SCSWIS must, on request, disclose to a local authority the information specified in paragraph (4).
(4) For the purposes of paragraph (3), the information specified is—
(a)the name and address of a childcare provider,
(b)the age groups to which a childcare provider provides services,
(c)the number of meals a childcare provider provides, and
(d)the types of day care a childcare provider provides.
20. A local authority must report to the Scottish Ministers annually, by such date as the Scottish Ministers may direct, on the following matters—
(a)the number of childcare providers registered under the Scheme on 15 July 2021, and thereafter at the end of the immediately preceding financial year,
(b)the amount paid to each childcare provider under the Scheme in the immediately preceding financial year,
(c)the number of eligible children enrolled with each childcare provider at the end of the immediately preceding financial year,
(d)the expenditure incurred by the authority in the administration of the Scheme in the immediately preceding financial year, and
(e)such other information relating to the operation of the Scheme as the Scottish Ministers may direct.
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.
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.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: