The Milk and Healthy Snack Scheme (Scotland) Regulations 2021

PART 5 S Administration of the Scheme

Payment under the Scheme S

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.

Commencement Information

I1 Reg. 7 in force at 21.3.2021, see reg. 1(2)

Registration S

8.  In order to register under the Scheme, a childcare provider must provide the registration information specified in schedule 2 to the Scottish Ministers.

Commencement Information

I2 Reg. 8 in force at 21.3.2021, see reg. 1(2)

Determining the amount payable S

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 F1 ...,

(b) the benefits provided (or reasonably expected to be provided) by that childcare provider under regulation 6,

[F2 (c) the local serving rate specified in the row of column 2 of schedule 3 which corresponds to the local authority area in which the registered childcare provider provides the benefit,]

(d) any adjustment made under regulation 10.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 9(1)(a) omitted (17.5.2021) by virtue of The Milk and Healthy Snack Scheme (Scotland) Amendment Regulations 2021 (S.S.I. 2021/206), regs. 1(2), 2(7)

F2 Reg. 9(1)(c) substituted (29.7.2021) by The Milk and Healthy Snack Scheme (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/274), regs. 1(2), 2(2)(a)

F3 Reg. 9(2) omitted (29.7.2021) by virtue of The Milk and Healthy Snack Scheme (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/274), regs. 1(2), 2(2)(b)

Commencement Information

I3 Reg. 9 in force at 21.3.2021, see reg. 1(2)

Adjustment to the amount payable S

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 [F4 cost] 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.

Textual Amendments

F4 Word in reg. 10(1)(c) substituted (29.7.2021) by The Milk and Healthy Snack Scheme (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/274), regs. 1(2), 2(3)

Commencement Information

I4 Reg. 10 in force at 21.3.2021, see reg. 1(2)

Provision of information in respect of significant change S

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.

Commencement Information

I5 Reg. 11 in force at 21.3.2021, see reg. 1(2)

Change of circumstances affecting eligibility for the Scheme S

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.

Commencement Information

I6 Reg. 12 in force at 21.3.2021, see reg. 1(2)

Provision of information for monitoring purposes S

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.

Commencement Information

I7 Reg. 13 in force at 21.3.2021, see reg. 1(2)

Failure to provide benefit S

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.

Commencement Information

I8 Reg. 14 in force at 21.3.2021, see reg. 1(2)

Delegation S

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.

Commencement Information

I9 Reg. 15 in force at 21.3.2021, see reg. 1(2)

Direction: local authority S

16.  A local authority must follow any direction issued by the Scottish Ministers when exercising any function under the Scheme.

Commencement Information

I10 Reg. 16 in force at 21.3.2021, see reg. 1(2)

Guidance: local authority S

17.  A local authority must have regard to any guidance issued by the Scottish Ministers when exercising any function under the Scheme.

Commencement Information

I11 Reg. 17 in force at 21.3.2021, see reg. 1(2)

Guidance: childcare provider S

18.  A childcare provider must have regard to any guidance issued by the Scottish Ministers with respect to the operation of the Scheme.

Commencement Information

I12 Reg. 18 in force at 21.3.2021, see reg. 1(2)

Information Sharing S

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.

Commencement Information

I13 Reg. 19 in force at 21.3.2021, see reg. 1(2)

Reporting requirement S

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 [F5 at a date one month prior to the date by which the local authority is directed to report],

(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.

Textual Amendments

F5 Words in reg. 20(a) substituted (17.5.2021) by The Milk and Healthy Snack Scheme (Scotland) Amendment Regulations 2021 (S.S.I. 2021/206), regs. 1(2), 2(8)

Commencement Information

I14 Reg. 20 in force at 21.3.2021, see reg. 1(2)