The Childcare (Miscellaneous Amendments) Regulations 2017

• Citation: S.I. 2017/361
• Sections: 4

Section 1 Citation and commencement

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

Section 2 Amendment of the Early Years Foundation Stage (Learning and Development Requirements) Order 2007

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

(2) In article 2 (interpretation) —

(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) —

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

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

(7) In article 7(1)(b) (proceedings under Part 3 of the Childcare Act 2006) , 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 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).

Section 3 Amendment of the Childcare (Early Years Register) Regulations 2008

(1) The Childcare (Early Years Register) Regulations 2008 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”.

Section 4 Amendment of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012

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

(2) In regulation 2 (interpretation) —

(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 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) —

(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.

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

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

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

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

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