Explanatory note

These Regulations make amendments to the Early Years Foundation Stage (Exemptions from Learning and Development Requirements) Regulations 2008 (the “2008 Regulations”).

Part 2 (exemptions in respect of early years providers) of the 2008 Regulations sets out the circumstances in and extent to which the Secretary of State may direct that an early years provider is exempt from the learning and development requirements, which are set out in sections 39 to 41 of the Childcare Act 2006. These Regulations make amendments to Part 2 of the 2008 Regulations, and in particular provide that the Secretary of State may exempt a particular description of early years provider which is an independent school which is not an Academy. The Regulations also make provision about conditions which may be imposed by the Secretary of State on making a direction. The Regulations revoke regulations 5 and 6 of the 2008 Regulations which enable an exemption to be granted where the early years provider is temporarily unable to meet the learning and development requirements.

An impact assessment has been prepared for these Regulations and can be found, together with the Explanatory Memorandum, at www.legislation.gov.uk.