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Regulation 4 Childcare providers and employeesI1

England and Wales

(1)

The persons referred to in regulation 2(a) are—

(a)

early years providers registered by the Chief Inspector for the purposes of Chapter 2 of Part 3 of the Act (which provides for the compulsory registration of persons providing early years provision), where—

(i)

an early years provision inspection report has not yet been published in respect of the provision; or

F1(ii)

the provision was awarded a specified grade in the most recent early years provision inspection report published in respect of the provision;

(b)

employees of such early years providers.

(2)

The persons referred to in regulation 2(b) are—

(a)

later years providers registered by the Chief Inspector for the purposes of Chapter 3 of Part 3 of the Act (which provides for the compulsory registration of persons providing later years provision for children under the age of eight), where the most recent later years provision inspection report published in respect of the provision identifies that one or more of the later years prescribed requirements are not met;

(b)

employees of such later years providers.

(3)

In this regulation—

  • “Chief Inspector” has the meaning given by section 98(1) of the Actf1;

  • “early years provider” has the meaning given by section 96(3) of the Act;

  • “early years provision inspection report” means an inspection report under section 50f2 of the Act;

  • “later years prescribed requirements” means the requirements prescribed for the purposes of sections 54(3)(b), 55(3)(b) and 59(2) of the Act;

  • “later years provider” has the meaning given by section 96(7) of the Act;

  • “later years provision” has the meaning given by section 96(6) of the Act; F2...

  • “later years provision inspection report” means an inspection report under section 61 of the Act;

  • F3“specified grade” means—

    1. (a)

      in the case of an early years provider most recently inspected before 10th November 2025, a grade weaker than “good” for the overall effectiveness of the provision;

    2. (b)

      in the case of an early years provider most recently inspected on or after 10th November 2025, a grade—

      1. (i)

        of “not met” for safeguarding, or

      2. (ii)

        weaker than “expected standard” for leadership and governance.

Annotations

Textual amendments

F1

Reg. 4(1)(a)(ii) substituted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 4(3)(a)

F2

Word in reg. 4(3) omitted (1.1.2026) by virtue of The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 4(3)(b)(i)

F3

Words in reg. 4(3) inserted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 4(3)(b)(ii)

Commencement

I1

Reg. 4 in force at 24.9.2014, see reg. 1(1)

Footnotes

f1

The definition of “the Chief Inspector” in section 98(1) was amended by paragraph 117 of Schedule 4 to the Education and Inspections Act 2006 (c.40).

f2

Section 50 was amended by paragraph 111 of Schedule 4 to the Education and Inspections Act 2006.