Statutory Instruments
2014 No. 913
Children And Young Persons, England
The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014
Made
3rd April 2014
Laid before Parliament
8th April 2014
Coming into force
1st September 2014
The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 33(2) and (3), 34(3) and (4), 39(1)(a), 42(1) and (2), 44(1) to (4), 52(2) and (3), 53(3) and (4) and 104(2) of the Childcare Act 2006( 1 ).
In accordance with section 42(A1) of that Act the Secretary of State has consulted the Office of Qualifications and Examinations Regulation.
Citation and commencement
1. This Order may be cited as the Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 and comes into force on 1st September 2014.
Amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007
2.The Early Years Foundation Stage (Learning and Development Requirements) Order 2007( 2 ) is amended as follows.
3. In Article 2 (interpretation), in the definition of “the Document” for “27th March 2012” substitute “31st March 2014”.
4. In Article 5 (requirement on the Chief Inspector)—
(a) after “Chief Inspector” insert “and early years childminder agencies”( 3 );
(b) omit “her”; and
(c) in the heading, after “Chief Inspector” insert “and early years childminder agencies”.
5. —(1) Article 6 is renumbered as paragraph (1) of that Article.
(2) In that paragraph omit “her”.
(3) After that paragraph insert—
“ (2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act. ” .
6. After Article 6 insert—
“ Matters to be considered by early years childminder agencies
6A. Any allegation that an early years provider has—
(a) failed to meet the learning and development requirements prescribed in Sections 1 and 2 of the Document; or
(b) failed to have regard to the matters in Sections 1 and 2 of the Document,
may be taken into account by an early years childminder agency in the exercise of functions under Part 3 of the Act. ” .
7. —(1) Article 7 is renumbered as paragraph (1) of that Article.
(2) After that paragraph insert—
“ (2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account in any proceedings under Part 3 of the Act. ” .
Amendments to the Childcare (Exemptions from Registration) Order 2008
8.The Childcare (Exemptions from Registration) Order 2008( 4 ) is amended as follows.
9. —(1) In Article 2(2) after “Section 34(1)” insert “and (1A)”.
(2) In Article 2(4) after “Section 53(1)” insert “and (1A)”.
10. —(1) In Article 3(1)—
(a) after sub-paragraph (b) insert—
“ (bb) for a child or children for 3 hours or less per day if—
(i) in the course of a friendship with the parents of that child or children;
(ii) for reward; and
(iii) on domestic premises; ” ; and
(b) at the end of sub-paragraph (c) omit “or”.
(2) In Article 3(2)—
(a) after “paragraph (1)” omit “(e)”; and
(b) after ““local authority foster parent” has the same meaning as in section 22C(12) of the Children Act 1989;” insert—
“ payment” means a payment of money or money’s worth but does not include the provision of goods or services; ” .
Elizabeth Truss
Parliamentary Under Secretary of State
Department for Education
3rd April 2014
2006 c. 21 . Sections 34(3) and 53(3) were amended by paragraphs 5 and 16 respectively of Schedule 4 to the Children and Families Act 2014 (c. 6) (“the 2014 Act”). Section 42 was amended by section 160(2) of, and paragraph 40 of Schedule 12 and Part 4 of Schedule 16 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) (“the ASCLA 2009”) and by paragraph 17 of Schedule 8 to the Education Act 2011 (c. 21) . Section 44 was amended by paragraph 41 of Schedule 12 to the ASCLA 2009 and by paragraph 11 of Schedule 4 to the 2014 Act.
S.I. 2007/1772 , amended by S.I. 2008/1952 , S.I. 2010/677 and S.I. 2012/937 .
Early years childminder agency is defined in section 98(1) of the Childcare Act 2006, as amended by paragraph 62 of Schedule 4 to the 2014 Act.
S.I. 2008/979 , as amended by S.I. 2010/744 and S.I. 2011/584 .