Citation and commencement

1. These Regulations—

(a) may be cited as the Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024,

(b) come into force on 20th December 2024, and

(c) extend to England and Wales.

Amendment of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014

2. —(1)The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014( 3 ) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a) before the definition of “early years childminder”, insert—

“ “ Chief Inspector ” means His Majesty’s Chief Inspector of Education, Children’s Services and Skills; ” ;

(b) in the definition of “early years provision inspection report”, for “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills” substitute “the Chief Inspector” .

(3) In regulation 6 (scope of the requirement in regulation 5(1)), for paragraph (1), substitute—

“ (1) In the case of early years provision other than provision by an early years childminder registered with an early years childminder agency, the requirement in regulation 5(1) applies only if—

(a) where the early years provision is for a child who meets the condition in regulation 3(2)—

(i) where the most recent inspection of the provision was not an inspection on or after 2nd September 2024 under section 5 of the Education Act 2005 ( 4 ) , the overall effectiveness of the provision was awarded a grade of “good”, or better, in the most recent early years provision inspection report published in respect of the provision; or

(ii) where the most recent inspection of the provision was an inspection on or after 2nd September 2024 under section 5 of the Education Act 2005—

(a) the Chief Inspector has not determined that significant improvement or special measures are required (within the meaning of section 13(1) of the Education Act 2005) in the most recent early years provision inspection report published in respect of the provision; and

(b) except in the case of provision by the governing body of a maintained nursery school, the effectiveness of the early years provision was awarded a grade of “good”, or better, in the most recent early years provision inspection report published in respect of the provision;

(b) where the early years provision is for a child who meets the condition in regulation 3(3)—

(i) where the most recent inspection of the provision was not an inspection on or after 2nd September 2024 under section 5 of the Education Act 2005, the overall effectiveness of the provision was awarded a grade of “satisfactory”, or “requires improvement”, or better, in the most recent early years provision inspection report published in respect of the provision; or

(ii) where the most recent inspection of the provision was an inspection on or after 2nd September 2024 under section 5 of the Education Act 2005, the Chief Inspector has not determined that significant improvement or special measures are required (within the meaning of section 13(1) of the Education Act 2005) in the most recent early years inspection report published in respect of the provision; or

(c) an early years provision inspection report has not yet been published in respect of the provision. ” .

(4) In regulation 7 (termination of the arrangements)—

(a) at the beginning, insert “Except in the case of arrangements with the governing body of a maintained school,” ;

(b) in sub-paragraphs (a) and (b) omit the words “overall effectiveness of the”.

(5) In regulation 8 (requirements governing arrangements made for the purpose of discharging the duty of the local authority under section 7)—

(a) for paragraph (1)(c)(viii), substitute—

“ (viii) in circumstances where the early years provision does not meet the description in regulation 6(1)(a)(i) or (ii) (whether the provision is for a child who meets the condition in regulation 3(2) or (3)), that the early years provider takes the measures identified in that report to improve the effectiveness of the early years provision, including, where applicable, participation in a training or other quality improvement programme; or ” ;

(b) in paragraph (2)(a)(ii), omit the words from “where the report” to the end.

Amendment of the Childcare (Free of Charge for Working Parents) (England) Regulations 2022

3. —(1)The Childcare (Free of Charge for Working Parents) (England) Regulations 2022( 5 ) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 4 (definitions), in paragraph (1)—

(a) before the definition of “childcare provider”, insert—

“ “ Chief Inspector ” means His Majesty’s Chief Inspector of Education, Children’s Services and Skills; ” ;

(b) in sub-paragraph (b) of the definition of “inspection report”, before paragraph (i), insert—

“ (ai) section 162A of the Education Act 2002 ( 6 ) (whether by the Chief Inspector or by a body approved by the Secretary of State for the purposes of section 162A of that Act); ” .

(3) In regulation 45 (duty to make arrangements with childcare provider chosen by parent), for paragraph (3)(c), substitute—

“ (c) a childcare provider (other than a childminder registered with an early years childminder agency)—

(i) that was not inspected on or after 2nd September 2024 under section 5 of the Education Act 2005, and that fails in its most recent inspection report (if any) to achieve Grade 3 (“requires improvement”) or better for the overall effectiveness of its childcare; or

(ii) that was inspected on or after 2nd September 2024 under section 5 of the Education Act 2005, and the Chief Inspector has determined that significant improvement or special measures are required (within the meaning of section 13(1) of the Education Act 2005) in the most recent inspection report published in respect of the provision. ” .

(4) In regulation 46 (arrangements to provide for termination), at the beginning, insert “Except in the case of arrangements with the governing body of a maintained school,” .

(5) In regulation 47 (requirements permissible in arrangements), in paragraph (1)—

(a) after the words “regulation 45(2)”, insert “(other than arrangements with the governing body of a maintained school)” ;

(b) after sub-paragraph (b)(iii), insert—

“ (iv) the effective safeguarding and promotion of welfare of the children for whom the childcare is provided; ” ;

(c) in sub-paragraph (f)—

(i) for the words “achieves in its most recent inspection report (if any) the minimum grade mentioned in regulation 45(3)(c) or worse”, substitute “meets the description in regulation 45(3)(c)” ;

(ii) in paragraph (i), omit the word “overall”.

(6) In regulation 48 (requirements prohibited in arrangements), after the words “regulation 45(2)”, insert “(other than arrangements with the governing body of a maintained school)” .