The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2009

Statutory Instruments

2009 No. 1549

Children And Young Persons, England

The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2009

Made

22nd June 2009

Laid before Parliament

29th June 2009

Coming into force

1st September 2009

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 39(1)(b), 43 and 104(2) of the Childcare Act 2006(1).

In accordance with section 43(2) of that Act, the Secretary of State has consulted Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.

Citation and commencement

1.  These Regulations may be cited as the Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2009 and come into force on 1st September 2009.

Amendments to the Early Years Foundation Stage (Welfare Requirements) Regulations 2007

2.  The Early Years Foundation Stage (Welfare Requirements) Regulations 2007(2) are amended as follows.

3.  In regulation 3(1), for “7 and 8” substitute “7, 8 and 8A”.

4.  After regulation 8, insert—

“Provision of information relating to disqualification

8A.— (1) A registered early years provider must provide the following information to the Chief Inspector—

(a) details of any order, determination, conviction or other ground for disqualification from registration made or applying in relation to a person listed in paragraph (2) which results in that person being disqualified from registration under regulations made under section 75 of the Act (disqualification from registration);

(b) the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;

(c) the body or court by which the order, determination or conviction was made and the sentence, if any, imposed;

(d) in relation to an order or conviction, a certified copy of the relevant order or court order.

(2) The persons in respect of whom the information referred to in paragraph (1) must be provided are—

(a) the registered early years provider; and

(b) any person who lives in the same household as the registered early years provider or who is employed in that household.

(3) The information referred to in paragraph (1) must be provided to the Chief Inspector as soon as reasonably practicable, but in any event within 14 days of the time when the registered early years provider became aware of that information or ought reasonably to have become aware of it if they had made reasonable enquiries.”.

Dawn Primarolo

Minister of State

Department for Children, Schools and Families

22nd June 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Early Years Foundation Stage (Welfare Requirements) Regulations 2007 (S.I. 2007/1771).

They insert a new regulation 8A into those Regulations to require registered early years providers to provide information to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills about orders, determinations, convictions and other matters which lead to disqualification from registration as a childcare provider under section 75 of the Childcare Act 2006.

(1)

2006 c.21. For the definitions of “prescribed” and “regulations” see section 98(1).

(2)

S.I. 2007/1771, as amended by S.I. 2008/1953.