Legislation – The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020

“Further temporary modification of learning and development requirements in the Document3B.

At any time when paragraph (2) applies in relation to a provider—

(a)

the learning and development requirements prescribed in Section 1 of the Document are to be treated as discharged if the provider uses its reasonable endeavours to discharge those requirements; and

(b)

the learning and development requirements prescribed in Section 2 of the Document at paragraphs 2.3 to 2.5 (progress check at age 2) do not apply.

(2)

This paragraph applies when it is not reasonably practicable for a provider to comply with the learning and development requirements referred to in paragraph (1), as a result of—

(a)

restrictions or requirements imposed by regulations made under the Public Health (Control of Disease) Act 19846 for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

(b)

prohibitions, requirements or restrictions imposed by a direction made under any regulations referred to in sub-paragraph (a); or

(c)

a direction made under schedule 16 or 17 to the Coronavirus Act 20207.

(3)

Paragraph (4) applies during the 14 day period beginning with the first day after the date on which all regulations or directions falling under paragraph (2) cease to apply to a provider.

(4)

Where this paragraph applies, the learning and development requirements referred to in paragraph (1) are to be treated as discharged provided that—

(a)

in the period immediately preceding any such 14 day period paragraph (1)(a) applied; and

(b)

the provider continues during the 14 day period to use reasonable endeavours to discharge those requirements.”.