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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the persons and categories of person who can collect and exchange information pursuant to section 537A of the Education Act 1996 and section 99 of the Childcare Act 2006, about children receiving relevant nursery education or funded nursery education.

In so far as they are made under section 537A of the Education Act 1996, these Regulations provide for maintained schools or maintained nursery schools providing relevant nursery education to provide to the local authority in whose area the school is located details of the points achieved in each of the assessment scales of the foundation stage by each individual child in their care.

Regulations 8, 10, 11 and 13 prescribe certain people under section 537A of the Education Act 1996 with whom this information can be shared.

In so far as they are made under section 99 of the Childcare Act 2006, these Regulations provide for providers of funded nursery education to provide the information set out in Parts 1 and 2 of the Schedule and in regulation 7(3) to the local authority in whose area the education is provided.

Regulations 9, 10, 12 and 14 prescribe certain people under section 99 of the Childcare Act 2006 with whom this information can be shared.

Copies of the Foundation Stage Profile Handbook referred to in Part 1 of the Schedule can be downloaded from the Qualifications and Curriculum Authority website at www.qca.org.uk or obtained from the Qualifications and Curriculum Authority Orderline, P.O. Box 29, Norwich, NR3 1GN Ref: QCA/03/1006.

An initial assessment has been carried out to assess the costs and benefits of the accompanying regulations. At this stage, the assessment indicates that the impact on settings such as schools and childcare providers will be minimal, as they already collect this data. In the first year of operation, the information prescribed in Part 2 of the Schedule will be requested from a sample of 44 local authorities. This exercise will inform further development of the policy, including whether there is any need to carry out a fuller Regulatory Impact Assessment.