Explanatory note

These Regulations make provision about inspections of early years provision and later years provision provided by those people registered on the early years register (“the EYR”) or Part A of the general childcare register (“the GCR”), both of which are maintained by the Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) under Part 3 of the Childcare Act 2006 (“the 2006 Act”).

Part 2 deals with inspections of early years provision (childcare provided for children from birth to the 1st September following their fifth birthday). Regulations 3 and 4 make provision about the intervals within which the Chief Inspector must conduct an inspection of the early years provision. Regulation 3 applies to early years providers who, on 1st September 2008, are automatically transferred to the EYR from the register of childminders and day care providers maintained under the Children Act 1989 (“the 1989 Act”). The Chief Inspector must inspect such provision by 1st August 2012 (which is 3 years from the end of the school year during which 1st September 2008 falls). After that, the provision must be inspected on an ongoing basis within the period of 3 years starting on the 1st August following the date of the most recent inspection.

Regulation 4 applies to early years providers who become registered in the EYR after 1st September 2008. Their first inspection must be conducted within the period of 3 years starting on the 1st August following the date of their registration in the EYR, and after that they must be inspected on an ongoing basis within the period of 3 years starting on the 1st August following the previous inspection.

Regulation 5 provides that the Chief Inspector is not required to inspect early years provision at an independent school if that school is inspected in prescribed circumstances by a body approved by the Secretary of State for that purpose. The circumstances are that the inspection must have been carried out, and a suitable report of the inspection provided to the Chief Inspector, at least 2 months before the date on which the Chief Inspector would otherwise have to inspect that independent school in accordance with regulation 3 or 4.

Regulations 6 and 7 require an early years provider to notify parents about an inspection. For an early years childminder, the requirement extends to parents of all children receiving the childcare. For other early years providers (not childminders), this is limited to parents who have provided their address and whose children have been attending for a minimum number of hours and weeks.

Regulation 8 requires the Chief Inspector to send a copy of the report of an inspection to the local authority for the area in which the early years provision takes place.

Regulations 9 and 10 require early years providers to give copies of a report they receive from the Chief Inspector to certain parents, reflecting the requirements to notify parents about inspections in regulations 6 and 7. The early years provider is also required to give a copy to anyone else who requests one, provided that they pay any fee charged by the provider in accordance with regulation 11. A parent who asked for an additional copy would have to pay any fee charged.

Part 3 deals with inspections of later years provision for children under age 8, and makes the same provision about such inspections as is made by regulations 6 to 11 for inspections of early years provision.