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Statutory Instruments

2026 No. 796

CHILDREN AND YOUNG PERSONS, ENGLAND

The Childcare (Miscellaneous Amendments) (England) Regulations 2026

Made

9th July 2026

Laid before Parliament

13th July 2026

Coming into force

1st September 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 35(2)(a), (3)(b) and (5), 36(3)(b) and (5), 39(1), 43(1) and (3), 44(1), 54(3)(b) and (5)(b), 55(3)(b) and (5)(b), 59(2) and (3), 62(3)(b) and (5)(b), 63(4)(b) and (6)(b), 67(2) and (3) and 104(2) of the Childcare Act 2006(1).

In respect of the provision in regulations 4(6) and (9) and 5, in accordance with sections 43(2), 59(2) and 67(2) of the Childcare Act 2006, the Secretary of State has consulted His Majesty’s Chief Inspector of Education, Children’s Services and Skills and other appropriate persons.

Citation, commencement and extent

1. These Regulations

(a)may be cited as the Childcare (Miscellaneous Amendments) (England) Regulations 2026,

(b)come into force on 1st September 2026, and

(c)extend to England and Wales.

Amendment of the Early Years Foundation Stage (Learning and Development Requirements) Order 2007

2.—(1) The Early Years Foundation Stage (Learning and Development Requirements) Order 2007(2) is amended in accordance with paragraph (2).

(2) In article 2 (interpretation), for “14th July 2025” in both places it occurs, substitute “13th July 2026”(3).

Amendment of the Childcare (Early Years Register) Regulations 2008

3.—(1) The Childcare (Early Years Register) Regulations 2008(4) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (interpretation)—

(a)in the definition of “appropriate first aid qualification”, for “3rd March 2017” substitute “13th July 2026”;

(b)after the definition of “appropriate first aid qualification” insert—

banned dog breed” means a type of dog to which section 1 of the Dangerous Dogs Act 1991(5) applies;.

(3) In Schedule 1 (applications for registration: early years childminders)

(a)in the heading of paragraph 11A, omit “non-domestic”;

(b)after paragraph 11A insert—

11B. No banned dog breed is kept or present at the relevant premises..

(4) In Schedule 2 (applications for registration: other early years providers), after paragraph 14A insert—

14B. No banned dog breed is kept or present at the relevant premises..

Amendment of the Childcare (General Childcare Register) Regulations 2008

4.—(1) The Childcare (General Childcare Register) Regulations 2008(6) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 2 (interpretation), after the definition of “appropriate first aid qualification” insert—

banned dog breed” means a type of dog to which section 1 of the Dangerous Dogs Act 1991 applies;.

(3) In regulation 10 (prescribed requirements for registration: voluntary registration), in paragraph (2), after “8” insert “and 9A”.

(4) In Schedule 1 (applications for registration: later years childminders)

(a)in the heading to paragraph 8A, omit “non-domestic”;

(b)after paragraph 8A insert—

8B. No banned dog breed is kept or present at the relevant premises..

(5) In Schedule 2 (applications for registration: other later years providers), after paragraph 11A insert—

11B. No banned dog breed is kept or present at the relevant premises..

(6) In Schedule 3 (requirements governing activities: later years providers)

(a)in paragraph 12—

(i)omit the “and” at the end of sub-paragraph (e);

(ii)insert “and” at the end of sub-paragraph (f);

(iii)after sub-paragraph (f) insert—

(g) no banned dog breed is kept or present at the relevant premises;

(b)in paragraph 25, in sub-paragraph (2)(d), omit “serious”.

(7) In Schedule 4 (applications for registration in Part B of the general childcare register: childminders), after paragraph 9 insert—

Requirement relating to the premises

9A. No banned dog breed is kept or present at the relevant premises..

(8) In Schedule 5 (applications for registration in Part B of the general childcare register: other childcare providers), after paragraph 11 insert—

Requirement relating to the premises

11A. No banned dog breed is kept or present at the relevant premises..

(9) In Schedule 6 (requirements governing the activities of persons registered voluntarily)

(a)in paragraph 13, for sub-paragraph (1)(a) substitute—

(a) in the case of a registered person who is not a home child-carer—

(i)the relevant premises are safe for such provision, and

(ii)no banned dog breed is kept or present at the relevant premises,

(aa) in the case of a registered person who is a home child-carer, the registered person—

(i)does not take a banned dog breed to the relevant premises, and

(ii)ensures, so far as reasonably practicable, that no banned dog breed is present at the relevant premises when childcare is being provided.;

(b)in paragraph 27, in sub-paragraph (2)(d), omit “serious”.

Amendment of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012

5.—(1) The Early Years Foundation Stage (Welfare Requirements) Regulations 2012(7) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation), in the definition of “the Document”, for “14th July 2025”, in both places it occurs, substitute “13th July 2026”(8).

(3) In regulation 3 (specification of the welfare requirements)

(a)in paragraph (2A)—

(i)in sub-paragraph (a), for “and 3.102” substitute “3.104 and 3.105”;

(ii)in sub-paragraph (b), for “3.15, 3.23, 3.24, 3.25, 3.74, 3.78, 3.79, 3.102 and 3.104” substitute “3.23, 3.25, 3.26, 3.75, 3.79, 3.105, 3.106 and 3.107”;

(b)in paragraph (4), for “3rd December 2025” substitute “13th July 2026”(9).

(4) In regulation 8 (provision of information), in paragraph (3), after “paragraphs” insert “10(c),”.

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

(a)in paragraph 4—

(i)the existing text becomes sub-paragraph (1);

(ii)omit “serious”;

(iii)after sub-paragraph (1) insert—

(2) In this paragraph, “harm” has the same meaning as in section 31(9) of the Children Act 1989(10).;

(b)in paragraph 10, after sub-paragraph (b), insert—

(c) where some or all of the early years provision is provided on domestic premises, any change of the persons of 16 years or older living or working on those premises (providing that persons are not to be treated as working on the premises for the purpose of this paragraph if none of their work is done in the part of the premises in which the children are cared for or if they do not work on the premises at times when the children are there)..

Olivia Bailey

Parliamentary Under-Secretary of State

Department for Education

9th July 2026

(1)

2006 c. 21. Section 35(3)(b) was amended by paragraph 6(4) of Schedule 4 to the Children and Families Act 2014 (c. 6) (“the 2014 Act”). Section 35(5) was amended by paragraph 6(6) of Schedule 4 to the 2014 Act and paragraph 5(4) of Schedule 23 to the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”). Section 36(3) was amended by paragraph 6(3) of Schedule 23 to the 2023 Act and paragraph 7(4) of Schedule 4 to the 2014 Act. Section 44(1) was amended by paragraph 41 of Schedule 12 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) (“the 2009 Act”). Section 54(3) was amended by paragraph 17(4) of Schedule 4 to the 2014 Act. Section 54(5) was amended by paragraph 17(6) of Schedule 4 to the 2014 Act and paragraph 11(4) of Schedule 23 to the 2023 Act. Section 55(3) was amended by paragraph 12(3) of Schedule 23 to the 2023 Act and paragraph 18(4) of Schedule 4 to the 2014 Act. Section 55(5) was amended by paragraph 18(6) of Schedule 4 to the 2014 Act and paragraph 12(5) of Schedule 23 to the 2023 Act. Relevant amendments were made to section 67 by paragraph 31 of Schedule 4 to the 2014 Act. Section 106 of the Childcare Act 2006 provides that “prescribed” (except in Part 2 and section 101) means prescribed by regulations, and that “regulations” (except in Part 2 and section 101) means regulations made by the Secretary of State.

(2)

S.I. 2007/1772, amended by S.I. 2008/1952, 2012/937, 2017/361, 2021/432, 2023/780, 2023/1338, 2024/1019, 2025/841; there are other amending instruments but none is relevant.

(3)

Article 2 of S.I. 2007/1772 defines “the childminder EYFS” and “the group and school-based provider EYFS” which are published by the Secretary of State on the gov.uk website at https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2.

(4)

S.I. 2008/974; relevant amending instruments are S.I. 2014/912, 2015/1562, 2017/361.

(5)

1991 c. 65; section 1 was amended by section 107(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(6)

S.I. 2008/975; relevant amending instruments are S.I. 2014/912, 2015/1562, 2024/1019.

(8)

Regulation 2 of S.I. 2012/938 defines “the Document” which is published by the Secretary of State on the gov.uk website at https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2.

(9)

Regulation 3(4) of S.I. 2012/938 defines the “Qualifications Document” which is published by the Secretary of State on the gov.uk website at https://www.gov.uk/government/publications/early-years-qualification-requirements-and-standards.

(10)

1989 c. 41; section 31(9) was amended by section 120 of the Adoption and Children Act 2002 (c. 38).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Childcare (Miscellaneous Amendments) (England) Regulations 2026 (2026/796)
Version from: original only

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