Citation and commencement

1. These Regulations may be cited as the Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008 and come into force on 1st September 2008.

Amendments to the Early Years Foundation Stage (Welfare Requirements) Regulations 2007

2.The Early Years Foundation Stage (Welfare Requirements) Regulations 2007( 2 ) are amended as follows.

3. In regulation 2 (interpretation)—

(a) for the definition of “the Document”, substitute—

“ “the Document” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 19th May 2008 with ISBN 978-1-84775-128-7; ” ;

(b) at the end, insert—

“ “instructor”, in relation to an independent school ( 3 ) , means a person who provides education at the school which consists of instruction in any art or skill or in any subject or group of subjects in circumstances where—

“overseas qualified teacher” means a person who has a qualification obtained as a result of successfully completing a programme of professional training for teachers in any country outside the United Kingdom which is recognised as such a programme of training by the competent authority in that country;

“the qualification requirement” means the requirement on page 31 of the Document which provides that “in registered settings other than childminding settings, all supervisors and managers must hold a full and relevant level 3 qualification (as defined by the Children’s Workforce Development Council ( CWDC )) and half of all other staff must hold a full and relevant level 2 qualification (as defined by CWDC)”;

“the ratio requirements for childminders” means the requirements in section B of Appendix 2 on page 51 of the Document;

“the ratio requirements for early years providers other than childminders” means the requirements in section A of Appendix 2 on pages 49 to 51 of the Document;

“registered early years provider” means a person who is registered in the early years register under Chapter 2 of Part 3 of the Act. ” .

4. In regulation 3 (specification of the welfare requirements), in paragraph (2), after “have effect” insert “, with the modifications specified in regulations 3A, 3B and 3C,”.

5. After regulation 3, insert—

“ Transitional arrangements for specified early years providers

3A. —(1) Paragraphs (2) to (4) apply in the case of an early years provider who provides early years provision on domestic premises, where—

(a) immediately before 1st September 2008—

(i) the early years provider, or

(ii) in the case of an early years provider which is a domestic group provider, at least one person who is a partner in, or a director, secretary, other officer or member of the governing body of, the early years provider,

was registered under section 79F(1) of the Children Act 1989 ( 4 ) as a child minder, and

(b) on 1st September 2008, the early years provider becomes registered under section 37(2) of the Act as an early years provider other than a childminder ( 5 ) .

(2) The provisions in Section 3 of the Document have effect in relation to an early years provider described in paragraph (1) with the modifications specified in paragraphs (3) and (4).

(3) The qualifications requirement, and any requirement in Section A of Appendix 2 to the Document for a level 2 or level 3 qualification, does not have effect until 1st March 2011.

(4) Until such time as the early years provider has met the qualifications requirement, and any requirement in Section A of Appendix 2 to the Document for a level 2 or level 3 qualification, the ratio requirements for childminders apply to that early years provider instead of the ratio requirements for early years providers other than childminders.

(5) In this regulation, “domestic group provider” means an early years provider who—

(a) provides early years provision on domestic premises,

(b) is registered under section 37(2) of the Act as an early years provider other than a childminder, and

(c) is a partnership, body corporate or unincorporated association.

Transitional arrangements for independent schools

3B. —(1) The provisions in Section 3 of the Document have effect in relation to early years provision which is provided in an independent school with the modifications specified in paragraph (2).

(2) Until 1st September 2009—

(a) the requirement in paragraph 9 in section A of Appendix 2 to the Document that “at least one other member of staff must hold a full and relevant level 3 qualification” does not apply, and

(b) the requirements in paragraph 10 in section A of Appendix 2 to the Document that “at least one other member of staff must hold a full and relevant level 3 qualification (as defined by CWDC)” and that “at least half of all other staff must hold a full and relevant level 2 qualification (as defined by CWDC)” do not apply.

Further modifications for independent schools

3C. —(1) The provisions in Section 3 of the Document have effect in relation to early years provision which is provided in an independent school with the modifications specified in paragraphs (2), (3) and (5).

(2) The requirements in paragraph 9 in Section A of Appendix 2 to the Document also apply where an instructor or an overseas qualified teacher is working directly with the children for whom the early years provision is provided.

(3) The requirements in paragraph 10 in Section A of Appendix 2 to the Document also apply where an instructor or an overseas qualified teacher is not working directly with the children for whom the early years provision is provided.

(4) Paragraph (5) applies where early years provision is provided in a class in which the majority of pupils will reach the age of 5 or over within the school year.

(5) In paragraph 9 in Section A of Appendix 2 to the Document—

(a) the reference to “one member of staff for every 13 children” is to be read as a reference to “one member of staff for every 30 children”; and

(b) the requirement that “at least one other member of staff must hold a full and relevant level 3 qualification (as defined by CWDC)” does not apply. ”

6. In regulations 7(1), 8(1), 9(1) and (2), 10(1) and (4), and 11(1) and (2), in each case for the words “an early years provider” substitute “a registered early years provider”.

7. In regulation 8 (provision of information), at the end, insert—

“ (3) Where the registered early years provider is required to notify the Chief Inspector of a change of person under paragraph 10(b), 11(a) or 12(a) or (b) of the Schedule to these Regulations, the notification must include the new person’s—

(a) full name, and any former name or alias,

(b) date of birth, and

(c) home address. ” .

8. In the Schedule (events to be notified to the Chief Inspector)—

(a) in paragraph 5, before the word “injury” (in both places it appears) insert “serious”;

(b) in paragraphs 8 and 9, in each case omit the words “or registered address”;

(c) after paragraph 11, insert—

“ 12. —(1) In the case of an early years provider (other than an early years childminder) which is a partnership, body corporate or unincorporated association—

(a) any change of the person who is the nominated individual, and

(b) where the early years provider’s sole or main purpose is the provision of childcare, any change of a person who is a partner in, or a director, secretary or other officer or member of the governing body of, the early years provider.

(2) For the purposes of paragraph (1)(a), “the nominated individual” has the meaning given in paragraph 9 of Schedule 2 to the Childcare (Early Years Register) Regulations 2008 ( 6 ) . ” .