Legislation – The Early Years Foundation Stage (Learning and Development, Early Years Register and Welfare Requirements) (Amendment) Regulations 2023

These Regulations amend the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (S.I. 2007/1772) (“the 2007 Order”), the Childcare (Early Years Register) Regulations 2008 (S.I. 2008/974) (“the 2008 Regulations”) and the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (S.I. 2012/938) (“the 2012 Regulations”).

Regulation 2 amends the 2007 Order. Regulation 4 amends the 2012 Regulations. Both regulation 2(2) and regulation 4(2) contain amendments which provide for reference to be made to a new document entitled “Early Years Foundation Stage Statutory Framework for Childminders”, which applies to early years childminders, and a new document entitled “Early Years Foundation Stage Statutory Framework for Group and School-based Providers”, which applies to early years providers other than early years childminders.

Regulation 4(3)(a) amends regulation 3(2) of the 2012 Regulations to give effect to a new document entitled “Early years qualification requirements and standards”, which applies to early years providers other than early years childminders. Regulation 4(3)(b) amends regulation 3(2A) of the 2012 Regulations to exclude certain paragraphs of the document entitled “Early Years Foundation Stage Statutory Framework for Childminders”, and the document entitled “Early Years Foundation Stage Statutory Framework for Group and School-based Providers” from the definition of the “obligatory provisions”, as these paragraphs explain obligations imposed in regulations 7, 8 and 9 of the 2012 Regulations themselves.

These documents are available on the gov.uk website at these links: https://www.gov.uk/government/publications/early-years-foundation-stage-framework–2 and https://www.gov.uk/government/publications/early-years-qualification-requirements-and-standards. Hard copies of these documents can be viewed at the Department for Education, Sanctuary Buildings, 20 Great Smith Street, London SW1P 3BT.

Regulation 3 amends the 2008 Regulations to omit a requirement for the completion of a course on the Early Years Foundation Stage requirements by a person who is applying for registration as an early years childminder with an early years childminding agency or the Chief Inspector in accordance with section 35 of the Childcare Act 2006 (c. 21).

Regulation 5 revokes three instruments that contained temporary provision applicable during the coronavirus pandemic.

A full impact assessment has been prepared for these Regulations. It is annexed to the Explanatory Memorandum which is available alongside the instrument on https://www.legislation.gov.uk.