Legislation – The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020
PART 3Modifications of welfare requirements
Amendment of the 2012 Regulations5.
(1)
The 2012 Regulations are amended as follows.
(2)
(a)
in paragraph (7)—
(i)
for “Except in relation to the requirement in paragraph (4)(b)” substitute “Subject to paragraph (8)”; and
(ii)
for “the level of qualifications held by staff during that period” substitute “compliance with the welfare requirements”; and
(b)
“(8)
Paragraph (7) does not apply to a provider at any time when regulation 3B applies to that provider.”.
(3)
“Further temporary modification of the welfare requirements in the Document3B.
(1)
At any time when paragraph (2) applies in relation to a provider, the welfare requirements prescribed in Section 3 of the Document have effect subject to the modifications set out in regulation 3A(2) to (5).
(2)
This paragraph applies when it is not reasonably practicable for a provider to comply with the prescribed 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 1984 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 2020.
(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 welfare requirements specified in regulation 3A(3) and (4)(b) are to be treated as discharged provided that—
(a)
in the period immediately preceding that 14 day period, the provider was treated as having discharged those requirements by virtue of paragraph (1); and
(b)
during the 14 day period—
(i)
in relation to the requirements specified in regulation 3A(3), the provider continues to use reasonable endeavours to discharge those requirements; and
(ii)
in relation to the requirement specified in regulation 3A(4)(b), the provider continues to use its best endeavours to discharge the requirement and the conditions in regulation 3A(5) are satisfied.”.