The Childcare (Miscellaneous Amendments) Regulations 2017

Statutory Instruments

2017 No. 361

Children And Young Persons, England

The Childcare (Miscellaneous Amendments) Regulations 2017

Made

8th March 2017

Laid before Parliament

13th March 2017

Coming into force

3rd April 2017

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 35(5)(a), 36(5)(d), 39(1), 43(1) and 44(1) to (3) of the Childcare Act 2006(1).

In accordance with section 42(A1) of the Childcare Act 2006(2) the Secretary of State has consulted the Office of Qualifications and Examinations Regulation and other appropriate persons.

In accordance with section 43(2) of the Childcare Act 2006, the Secretary of State has consulted Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and other appropriate persons.

Citation and commencement

1.  These Regulations may be cited as the Childcare (Miscellaneous Amendments) Regulations 2017 and come into force on 3rd April 2017.

Amendment of the Early Years Foundation Stage (Learning and Development Requirements) Order 2007

2.—(1) The Early Years Foundation Stage (Learning and Development Requirements) Order 2007(3) is amended as follows.

(2) In article 2 (interpretation)(4)—

(a) in the definition of “the Document”, for “31st March 2014 on the website of the Department for Education” substitute “3rd March 2017 on the gov.uk website”;

(b) after the definition of “the Document” insert—

““the relevant provisions of the Document” means the provisions in Sections 1 and 2 of the Document that use the word “should”.”.

(3) In article 3 (specification of the learning and development requirements)(5)—

(a) in paragraph (1), after “Document” insert “that, by virtue of their use of the word “must”, express requirements,”; and

(b) in paragraph (2), for “Sections 1 and 2” substitute “the relevant provisions”.

(4) In article 5 (requirement on Chief Inspector and early years childminder agencies)(6) for “requirements and matters in Sections 1 and 2” substitute “learning and development requirements and matters in the relevant provisions”.

(5) In article 6(1)(b) (matters to be considered by the Chief Inspector)(7), for “Sections 1 and 2” substitute “the relevant provisions”.

(6) In article 6A(b) (matters to be considered by early years childminder agencies)(8), for “Sections 1 and 2” substitute “the relevant provisions”.

(7) In article 7(1)(b) (proceedings under Part 3 of the Childcare Act 2006)(9), for “Sections 1 and 2” substitute “the relevant provisions”.

(8) After article 7 insert—

“Review

8.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision in this Order,

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 3rd April 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(10) requires that a review carried out under this article must, in particular–

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business Enterprise and Employment Act 2015 (see section 32 of that Act).”

Amendment of the Childcare (Early Years Register) Regulations 2008

3.—(1) The Childcare (Early Years Register) Regulations 2008(11) are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “appropriate first aid qualification”, for “31st March 2014 on the website of the Department for Education” substitute “3rd March 2017on the gov.uk website”.

Amendment of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012

4.—(1) The Early Years Foundation Stage (Welfare Requirements) Regulations 2012(12) are amended as follows.

(2) In regulation 2 (interpretation)(13)—

(a) in the definition of “the Document”, for “31st March 2014 on the website of the Department for Education” substitute “3rd March 2017 on the gov.uk website”;

(b) after the definition of “relevant person” insert—

““the relevant provisions of the Document” means the provisions in Section 3 of the Document that use the word “should”.”.

(3) For regulation 2A substitute—

“Review

2A.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in regulations 2 to 6 and in regulation 8A,

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st January 2021.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(14) requires that a review carried out under this article must, in particular–

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraphs 1(a) and 1(b),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business Enterprise and Employment Act 2015 (see section 32 of that Act).”

(4) In regulation 3 (specification of the welfare requirements)(15)—

(a) in paragraph (2), for “provisions in Section 3” substitute “obligatory provisions”;

(b) after paragraph (2) insert—

“(2A) In this regulation, “the obligatory provisions” means the provisions in Section 3 of the Document that, by virtue of their use of the word “must”, express requirements, except for those contained in paragraphs 3.16, 3.17, 3.18, 3.52, 3.53, 3.77 and 3.78.”; and

(c) in paragraph (3), for “Section 3” substitute “the relevant provisions”.

(5) In regulation 4 (requirement on Chief Inspector and early years childminder agencies)(16), for “Section 3” substitute “the relevant provisions”.

(6) In regulation 5(1)(b) (matters to be considered by the Chief Inspector)(17), for “Section 3” substitute “the relevant provisions”.

(7) In regulation 5A(b) (matters to be considered by early years childminder agencies)(18), for “Schedule 3” substitute “the relevant provisions”.

(8) In regulation 6(1)(b) (proceedings under Part 3 of the Childcare Act 2006)(19), for “Section 3” substitute “the relevant provisions”.

Caroline Dinenage

Parliamentary Under Secretary of State

Department for Education

8th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (“the 2007 Order”), the Childcare (Early Years Register) Regulations 2008 (“the 2008 Regulations”) and the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (“the 2012 Regulations”).

Regulations 2 and 4 amend the 2007 Order and the 2012 Regulations. In particular, the amendments introduce an updated version of the Statutory Framework for the Early Years Foundation Stage document (“the Document”), which was published by the Department on 3rd March 2017.

Further, the Regulations make amendments to specify the provisions of the Document which have effect for the purposes of the learning and development and welfare requirements and the provisions which early years providers must have regard to when securing that the early years provision they provide meets the learning and development and welfare requirements.

Regulation 3 amends the 2008 Regulations to update the reference to the Document in the definition of “appropriate first aid qualification”.

The updated version of the Document is available on the gov.uk website https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2and hard copies of the Document can be viewed at: The Department for Education, Sanctuary Buildings, 20 Great Smith Street, London, SW1P 3BT.

An impact assessment has been prepared in relation to the changes made to the Document. It is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

(1)

2006 c.21. Section 44(1) was amended by paragraph 41 of Schedule 12 to the Apprenticeships, Skills, Children and Learning Act 2009. Section 44(2) and (3) was amended by paragraph 11 of Schedule 4 to the Children and Families Act 2014. For the definitions of “prescribed” and “regulations” see section 106.

(2)

Section 42(A1) was added by section 160(2) of the Apprenticeships, Skills, Children and Learning Act 2009.

(3)

S.I. 2007/1772; relevant amending instruments are S.I. 2012/937, S.I. 2014/913.

(4)

Amended by S.I. 2012/937 and S.I. 2014/913.

(5)

Amended by S.I. 2012/937.

(6)

Amended by S.I. 2012/937 and S.I. 2014/913.

(7)

Amended by S.I. 2012/937 and S.I. 2014/913.

(8)

Article 6A was added by S.I. 2014/913.

(9)

Amended by S.I. 2012/937 and S.I. 2014/913.

(10)

2015 c.26

(11)

S.I. 2008/974; the relevant amending instrument is S.I. 2014/912.

(12)

S.I. 2012/938; relevant amending instruments are S.I. 2014/912 and S.I. 2015/1562.

(13)

Amended by S.I. 2014/912.

(14)

2015 c.26

(15)

Amended by S.I. 2015/1562.

(16)

Amended by S.I. 2014/912.

(17)

Amended by S.I. 2014/912.

(18)

Regulation 5A was added by S.I. 2014/912.

(19)

Amended by S.I. 2014/912.