Regulation 3 Specification of the welfare requirements

England and Wales

(1)

Regulations F17 to 9 specify welfare requirements under section 39(1)(b) of the Act.

F2(2)

It is directed that—

(a)

the obligatory provisions of the Document; and

(b)

the Qualifications Document, insofar as it specifies qualifications and training requirements to be met by early years providers who are not early years childminders,

have effect, for the purposes of specifying the welfare requirements under section 39(1)(b) of the Act.

F3(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—

(F4a)

paragraphs F53.11, 3.25, 3.26, 3.27, 3.72, 3.74, 3.78 F63.104 and 3.105 of the Document referred to in sub-paragraph (a) of the definition of the Document;

(b)

F7paragraphs F83.10, F93.23, 3.25, 3.26, 3.75, 3.79, 3.105, 3.106 and 3.107 of the Document referred to in sub-paragraph (b) of the definition of the Document.

(3)

Early years providers to whom section 40 of the Act M1 applies must have regard to the matters in F10the relevant provisions of the Document in securing that the early years provision they provide complies with the welfare requirements.

F11(4)

“Qualifications Document” means the document entitled “Early years qualification requirements and standards” dated F1213th July 2026 and published by the Secretary of State on the gov.uk website.

Annotations

Textual amendments

F1: Words in reg. 3(1) substituted (1.1.2016) by The Childcare (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1562), regs. 1(1), 8(3)
F2: Reg. 3(2) substituted (4.1.2024) by The Early Years Foundation Stage (Learning and Development, Early Years Register and Welfare Requirements) (Amendment) Regulations 2023 (S.I. 2023/1338), regs. 1(2), 4(3)(a)
F3: Reg. 3(2A) inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 4(4)(b)
F4: Words in reg. 3(2A) substituted (4.1.2024) by The Early Years Foundation Stage (Learning and Development, Early Years Register and Welfare Requirements) (Amendment) Regulations 2023 (S.I. 2023/1338), regs. 1(2), 4(3)(b)
F5: Words in reg. 3(2A)(a) substituted (1.9.2025) by The Childcare (Miscellaneous Amendments) (England) Regulations 2025 (S.I. 2025/841), regs. 1(1)(b), 5(3)(a)(i)
F6: Words in reg. 3(2A)(a) substituted (1.9.2026) by The Childcare (Miscellaneous Amendments) (England) Regulations 2026 (S.I. 2026/796), regs. 1(b), 5(3)(a)(i)
F7: Words in reg. 3(2A)(b) substituted (1.11.2024) by The Levelling-up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 8(3)(b)
F8: Words in reg. 3(2A)(b) substituted (1.9.2025) by The Childcare (Miscellaneous Amendments) (England) Regulations 2025 (S.I. 2025/841), regs. 1(1)(b), 5(3)(a)(ii)
F9: Words in reg. 3(2A)(b) substituted (1.9.2026) by The Childcare (Miscellaneous Amendments) (England) Regulations 2026 (S.I. 2026/796), regs. 1(b), 5(3)(a)(ii)
F10: Words in reg. 3(3) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 4(4)(c)
F11: Reg. 3(4) inserted (4.1.2024) by The Early Years Foundation Stage (Learning and Development, Early Years Register and Welfare Requirements) (Amendment) Regulations 2023 (S.I. 2023/1338), regs. 1(2), 4(3)(c)
F12: Words in reg. 3(4) substituted (1.9.2026) by The Childcare (Miscellaneous Amendments) (England) Regulations 2026 (S.I. 2026/796), regs. 1(b), 5(3)(b)

Marginal citations

M1: Section 40 of the Act imposes a duty on early years providers to comply with the welfare requirements in addition to meeting the learning and development requirements.