The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England only, amend the Childcare (Fees) Regulations 2008 (S.I. 2008/1804) (“the 2008 Childcare Regulations”), the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 (S. I. 2014/2147) (“the 2014 Regulations”), Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015 (S.I. 2015/551) (“the 2015 Fees and Frequency of Inspections Regulations”) and the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134) (“the 2022 Childcare Regulations”).

Part 2 amends the 2008 Childcare Regulations.

Regulation 3 amends regulation 10 to extend an existing transitional provision which applies to childcare providers (other than childminders) who transferred automatically from the childcare register under Part 10A of the Children Act 1989 (c. 41) to the early years register under the Childcare Act 2006 (c. 21) on 1st September 2008. The amendment has the effect of extending the transitional provision until 31st August 2025, enabling early years providers who were registered prior to 2008 to benefit from a fees rate of £50 where they are operating for a period of less than 4 hours per day.

Part 3 amends the 2014 Regulations.

Regulation 4 amends the definition of an “early years childminder”. This amendment ensures that early years provision which would otherwise be excluded under section 96(5) of the Childcare Act 2006 (because the number of persons providing that provision exceeds three), is included within the definition of an “early years childminder” for the purpose of the 2014 Regulations.

Part 4 amends the 2015 Fees and Frequency of Inspections Regulations.

Regulation 7 amends regulation 23 to lower the approved places threshold in respect of which a children’s home must pay a higher annual fee from 4 – 26 places to 4 – 20 places. Regulations 6 and 8 amend regulations 2 and 27 respectively, with the effect that regulation 27(3A) of the 2015 Fees and Frequency of Inspections Regulations does not apply to secure 16 – 19 academies (as defined in section 1B(4) to (7) of the Academies Act 2010 (c. 32)). This amendment has the effect that secure 16 – 19 academies must be inspected a minimum of twice a year in line with other secure children’s homes. Regulation 9 and the Schedule amend the 2015 Fees and Frequency of Inspection Regulations in respect of fees, setting out the new fees payable in respect of various settings under Parts 2, 3 and 4 of those Regulations.

Part 5 corrects errors in the 2022 Childcare Regulations.

In the 2022 Regulations:

• regulation 11 amends regulation 4 (definitions) to incorporate new definitions used in more than one regulation and correct the definition of “childminder”;

• regulation 12 amends regulation 10 (meaning of “partner”) to reinstate the effect of regulation 10(3)(a) of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257) (“the 2016 Regulations”);

• regulation 13 inserts a new regulation 11A (meaning of “specified benefit”) and regulation 14 amends regulation 14 (conditions relating to parent), in consequence of the amendments to regulation 15;

• regulation 15 amends regulation 15 (conditions relating to partner of parent):

  • to reinstate the effect of regulation 9 of the 2016 Regulations in relation to the partner of a parent of a young child;

  • in consequence of the amendment to regulation 10;

• regulation 16 amends regulation 16 (qualifying paid work requirement: employee) to reinstate the effect of regulations 4A(7) and 8(1)(g) of the 2016 Regulations and in consequence of the amendments to regulations 4 and 15;

• regulation 17 amends regulation 18 (minimum income requirement) to reinstate the effect of regulation 5(4)(b) of the 2016 Regulations;

• regulations 18 and 19 amend regulations 45 and 47 respectively to correctly refer to “an early years childminder agency” in each case.

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.