{
  "url": "https://openlegislation.uk/early-years-foundation-stage-welfare-requirements-amendment-regulations-2008/regulation-5",
  "json_url": "https://openlegislation.uk/early-years-foundation-stage-welfare-requirements-amendment-regulations-2008/regulation-5.json",
  "legislation": "uksi/2008/1953",
  "legislation_title": "The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/early-years-foundation-stage-welfare-requirements-amendment-regulations-2008",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendments to the Early Years Foundation Stage (Welfare Requirements) Regulations 2007",
  "text": "After regulation 3, insert—\n“Transitional arrangements for specified early years providers\n3A. (1) Paragraphs (2) to (4) apply in the case of an early years provider who provides early years provision on domestic premises, where—\n(a) immediately before 1st September 2008—\n(i) the early years provider, or\n(ii) in the case of an early years provider which is a domestic group provider, at least one person who is a partner in, or a director, secretary, other officer or member of the governing body of, the early years provider,\nwas registered under section 79F(1) of the Children Act 1989 as a child minder, and\n(b) on 1st September 2008, the early years provider becomes registered under section 37(2) of the Act as an early years provider other than a childminder.\n(2) The provisions in Section 3 of the Document have effect in relation to an early years provider described in paragraph (1) with the modifications specified in paragraphs (3) and (4).\n(3) The qualifications requirement, and any requirement in Section A of Appendix 2 to the Document for a level 2 or level 3 qualification, does not have effect until 1st March 2011.\n(4) Until such time as the early years provider has met the qualifications requirement, and any requirement in Section A of Appendix 2 to the Document for a level 2 or level 3 qualification, the ratio requirements for childminders apply to that early years provider instead of the ratio requirements for early years providers other than childminders.\n(5) In this regulation, “domestic group provider” means an early years provider who—\n(a) provides early years provision on domestic premises,\n(b) is registered under section 37(2) of the Act as an early years provider other than a childminder, and\n(c) is a partnership, body corporate or unincorporated association.\nTransitional arrangements for independent schools\n3B. (1) The provisions in Section 3 of the Document have effect in relation to early years provision which is provided in an independent school with the modifications specified in paragraph (2).\n(2) Until 1st September 2009—\n(a) the requirement in paragraph 9 in section A of Appendix 2 to the Document that “at least one other member of staff must hold a full and relevant level 3 qualification” does not apply, and\n(b) the requirements in paragraph 10 in section A of Appendix 2 to the Document that “at least one other member of staff must hold a full and relevant level 3 qualification (as defined by CWDC)” and that “at least half of all other staff must hold a full and relevant level 2 qualification (as defined by CWDC)” do not apply.\nFurther modifications for independent schools\n3C. (1) The provisions in Section 3 of the Document have effect in relation to early years provision which is provided in an independent school with the modifications specified in paragraphs (2), (3) and (5).\n(2) The requirements in paragraph 9 in Section A of Appendix 2 to the Document also apply where an instructor or an overseas qualified teacher is working directly with the children for whom the early years provision is provided.\n(3) The requirements in paragraph 10 in Section A of Appendix 2 to the Document also apply where an instructor or an overseas qualified teacher is not working directly with the children for whom the early years provision is provided.\n(4) Paragraph (5) applies where early years provision is provided in a class in which the majority of pupils will reach the age of 5 or over within the school year.\n(5) In paragraph 9 in Section A of Appendix 2 to the Document—\n(a) the reference to “one member of staff for every 13 children” is to be read as a reference to “one member of staff for every 30 children”; and\n(b) the requirement that “at least one other member of staff must hold a full and relevant level 3 qualification (as defined by CWDC)” does not apply.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c.41."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 96(5) of the Childcare Act 2006 provides that early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/1953/regulation/5",
    "retrieved_at": "2026-10-29T03:26:39.705558+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}