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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations are for the most part made in consequence of provision relating to the making available of childcare on domestic and non-domestic premises contained within the Levelling-up and Regeneration Act 2023 (c. 55) (“the LURA”).

On 1st November sections 237 (childcare: use of non-domestic premises) and 238 (childcare: number of providers), together with Schedule 23 (use of non-domestic premises for childcare: registration) to the LURA come into force. Those provisions collectively make amendments to Part 3 (regulation of provision of childcare in England) of the Childcare Act 2006 (c. 21) (“the 2006 Act”).

The effect of the amendments made by section 237 of the LURA is to amend the definition of “early years childminding” and “later years childminding” in sections 96(4) and (8) of the 2006 Act respectively, by removing the requirement that at least half of the provision must be provided on domestic premises.

Section 237 of the LURA also introduces Schedule 23 (use of non-domestic premises for childcare registration) which makes further amendments to Part 3 of the 2006 Act relating to the registration of persons providing childminding wholly on non-domestic premises.

Section 238 of the LURA amends sections 96(5) and (9) of the 2006 Act, the effect of those changes being to increase the number of other childminders or assistants that childminders can work with from two to three (four people in total). It also increases, from four to five, the minimum number of people that must work together to provide “childcare on domestic premises” (provision that would be childminding, at least some or all of which is on domestic premises, but for the operation of sections 96(5) and (9) of the 2006 Act).

In consequence of these provision, the following statutory instruments are amended to take account of these changes—

  • the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (S.I. 2007/1772);

  • the Childcare (Early Years Register) Regulations 2008 (S.I. 2008/974);

  • the Childcare (General Childcare Register) Regulations 2008 (S.I. 2008/975);

  • the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008 (S.I. 2008/976);

  • the Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979);

  • the Childcare (Fees) Regulations 2008 (S.I. 2008/1804);

  • the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (S.I. 2012/938);

  • the Childcare (Childminder Agencies) (Cancellation etc.) Regulations 2014 (S.I. 2014/1922);

  • the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 (S.I. 2014/2147);

  • the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134).

The Regulations also make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (S.1. 2007/1772) under powers contained within the 2006 Act which are not consequential on the implementation of the LURA. Similarly, the definition of “registered person” in regulation 2 of the Childcare (General Childcare Register) Regulations 2008 (S.I. 2008/976) is amended by this instrument that amendment not being consequential on the coming into force of provision in the LURA.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An impact assessment has been published in relation the Act and copies can be obtained from the UK Parliament website at https://bills.parliament.uk/bills/3155/publications or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.