(1)Regulations may enable the Secretary of State, in prescribed circumstances, to direct in respect of a particular early years provider or a particular description of early years providers, that to such extent as may be prescribed the learning and development requirements—
(a)do not apply, or
(b)apply with such modifications as may be specified in the direction.
[F1(1A)Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.
(1B)If required by the Secretary of State to do so [F2a person designated by the Secretary of State for the purposes of this subsection ] must keep under review the effect of a direction given under regulations made under subsection (1).
F3( 1C ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1D)A designation under [F4subsection (1B) ] may make different provision for different purposes.]
(2)Regulations may enable an early years provider, in prescribed circumstances, to determine in respect of a particular young child that to such extent as may be prescribed the learning and development requirements—
(a)do not apply, or
(b)apply with such modifications as may be specified in the determination.
Textual Amendments
F1S. 46(1A)-(1D) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 42; S.I. 2010/1151, art. 2, Sch. 1
F2Words in s. 46(1B) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 18(2); S.I. 2012/924, art. 2
F3S. 46(1C) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 18(3); S.I. 2012/924, art. 2
F4Words in s. 46(1D) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 18(4); S.I. 2012/924, art. 2
Commencement Information
I1S. 46 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)