Citation and commencement

1. —(1) These Regulations may be cited as the Childcare Providers (Information, Advice and Training) Regulations 2007 and come into force on 1st October 2007.

Interpretation

2. In these Regulations—

“the Act” means the Childcare Act 2006;

“the equality enactments” means the Sex Discrimination Act 1975( 2 ), the Race Relations Act 1976( 3 ), the Disability Discrimination Act 1995( 4 ), Part 2 of the Equality Act 2006( 5 ) and regulations under Part 3 of that Act, the Employment Equality (Sexual Orientation) Regulations 2003( 6 ) and the Employment Equality (Religion or Belief) Regulations 2003( 7 ); and

“Early Years Foundation Stage” has the meaning in section 39 of the Act.

Childcare providers and employees

3. —(1) An English local authority must secure the provision of information, advice and training on the matters mentioned in regulation 4(1) to persons falling within section 13(1)(a) to (d) of the Act.

(2) An English local authority must secure the provision of information, advice and training on matters mentioned in regulation 4(1)(d) to (i) to any person falling within section 13(1)(e) of the Act.

Information, advice and training

4. —(1) The matters referred to in regulation 3(1) are—

(a) registration procedures under Chapters 2, 3 and 4 of Part 3 (regulation and provision of childcare in England) of the Act and the prescribed requirements for registration( 8 );

(b) information on the significance of registration under Chapter 4 (voluntary registration) of Part 3 of the Act;

(c) business planning, financial management and marketing;

(d) meeting the requirements of the Early Years Foundation Stage;

(e) meeting the requirements of regulations under sections 59(2) and 67(2) of the Act (regulations governing activities of providers of childcare);

(f) meeting the requirements of the equality enactments;

(g) meeting the needs of persons described in paragraph (2) in relation to the provision of suitable childcare;

(h) effective safeguarding and promotion of children’s welfare and compliance with statutory requirements, guidance and procedures for the protection of children; and

(i) the use of the Common Assessment Framework( 9 ).

(2) The persons referred to in paragraph (1)(g) are—

(a) disabled children;

(b) children with special educational needs;

(c) looked after children within the meaning given in section 22(1) of the Children Act 1989( 10 );

(d) those using, or intending to use, childcare in respect of which the child care element of the working tax credit is payable; and

(e) other children who are at risk of social exclusion by virtue of unemployment, poverty, homelessness, geographical remoteness, ill health, family breakdown or other economic, cultural or social factors.

(3) In this regulation—

(a) “child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002( 11 );

(b) “disabled child” means a child who has a disability( 12 ) for the purposes of the Disability Discrimination Act 1995; and

(c) “special educational needs” has the meaning in section 312(1) of the Education Act 1996( 13 ).

Additional support

5. —(1) An English local authority must secure the provision of information, advice and training to any person falling within section 13(1)(a) to (d) of the Act—

(a) if the childcare provided by such person falls below an adequate standard, as assessed by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills( 14 ); or

(b) in respect of whom an exemption has been granted for a specified period of time by a direction under regulations made under section 46(1) of the Act for the purposes of developing childcare provision to meet the learning and development requirements of the Early Years Foundation Stage.

(2) An English local authority shall not be required to secure information, advice and training under paragraph (1)(b) following the expiry of an exemption described in that paragraph.