Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Early Years Foundation Stage (Exemption from Learning and Development Requirements) and Childcare (Exemption from Registration) (Amendment) Regulations 2020.

(2) Subject to paragraph (3), these Regulations come into force 21 days after the day on which they are laid.

(3)Regulation 6 comes into force on 1st October 2020.

(4) In these Regulations—

“the Document” means the document entitled “Statutory Framework for the Early Years Foundation Stage” dated 3rd March 2017 and published by the Secretary of State on the gov.uk website( 2 );

“the Scheme” means the scheme set up by the Department for Education where participating schools are not required to comply with requirements set out in the Document but instead must comply with the Framework for Early Adopters of the Early Years Foundation Stage Reforms dated 1st July 2020 and published by the Secretary of State on the gov.uk website( 3 ).

“school” means a school defined in section 4 of the Education Act 1996( 4 ).

Power of the Secretary of State to confer an exemption

2. The Secretary of State may direct that the learning and development requirements do not apply, or apply with modifications—

(a) in respect of a school that provides early years provision;

(b) in the circumstances prescribed in regulation 3; and

(c) to the extent prescribed in regulation 4.

Prescribed circumstances relating to a school taking part in the Scheme

3. The prescribed circumstances are where the governing body or proprietor of a school has agreed to participate in the Scheme.

Extent of direction

4. A direction made under regulation 2 may only extend—

(a) to the period commencing on 1st September 2020 and ending on 31st August 2021;

(b) to the learning and development requirements in section 1 of the Document; and

(c) to the Early Years Foundation Stage Profile in section 2 of the Document.

Conditions which may be imposed on making a direction

5. —(1) The Secretary of State may, on making a direction under regulation 2, impose conditions—

(a) about the learning and development requirements that the school must adopt;

(b) requiring the school to cooperate with the Department for Education and an English local authority; and

(c) about the submission of assessment data recording the level of learning achieved for each child in respect of each early learning goal in the nursery class or the reception class, as appropriate, to the Department for Education and an English local authority.

(2) In this regulation—

(a) “nursery class” means a class—

(i) in which education is provided which is suitable for children who have not attained compulsory school age; and

(ii) which is situated in a school that also has a reception class that is participating in the Scheme;

(b) “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age.

Amendments to the Childcare (Exemptions from Registration) Order 2008

6. In article 6(2)(a) of the Childcare (Exemptions from Registration) Order 2008( 5 ) immediately before the words ″the activity″ insert ″the provision, including″.