Statutory Instruments
2012 No. 962
Education, England
The Education (Charges for Early Years Provision) Regulations 2012
Made
27th March 2012
Laid before Parliament
3rd April 2012
Coming into force
1st September 2012
The Secretary of State for Education makes the following Regulations in exercise of the power conferred by section 451(2A) of the Education Act 1996( 1 ):
Citation and commencement
1. —(1) These Regulations may be cited as the Education (Charges for Early Years Provision) Regulations 2012 and come into force on 1st September 2012.
(2) These Regulations apply only in relation to England.
Lifting of prohibition on schools charging for early years provision
2. —(1)Section 451(2) of the Education Act 1996 does not apply in relation to education which is early years provision( 2 ) if all of the circumstances prescribed in paragraph (2) apply.
(2) The circumstances are—
(a) that the early years provision is not provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006( 3 ) (duty to secure prescribed early years provision free of charge);
(b) that the early years provision is for a pupil who is below compulsory school age; and
(c) that the early years provision is not otherwise funded by the local authority in accordance with regulations made under section 47 of the School Standards and Framework Act 1998( 4 ) (determination of school’s budget share).
Sarah Teather
Minister of State
Department for Education
27th March 2012
1996 c. 56 . Subsection (2A) of section 451 was inserted by section 17 of the Childcare Act 2006 (c.21) . See section 579 of the Education Act 1996 for the definition of “prescribed” and “regulations”.
See section 20 of the Childcare Act 2006 for the definition of “early years provision”.