Part 3

Regulation of Provision of Childcare in England
Chapter 2

Regulation of early years provision

Requirements to be met by early years providers

Power to enable exemptions to be conferred
46
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.
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
a 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).
1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1D
A designation under
subsection (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.
Words 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
S. 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
Words 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
S. 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
S. 46 in force at 20.12.2006 by S.I. 2006/3360, art. 2(c)