Section 1(1) of the Childcare Act 2006 (“the Act”) places a duty on an English local authority (“an authority”) to improve the well-being of, and reduce inequalities between, young children in the authority’s area. These Regulations set out the process to be followed by the Secretary of State in setting targets under section 1(3) of the Act with regard to that duty. “English local authority” is defined in section 106 of the Act.

Regulations 2 and 3 provide that targets are to be set no more frequently than once in a calendar year and are to be set by reference to one or more of the 13 assessment scales set out in the Foundation Stage Profile Handbook published by the Qualifications and Curriculum Authority (January 2003, reference number QCA/03/1006). Copies of the handbook can be downloaded from the Qualifications and Curriculum Authority website at www.qca.org.uk or obtained from the Qualifications and Curriculum Authority Orderline, P.O. Box 29, Norwich, NR3 1GN Ref: QCA/03/1006.

Regulation 4 provides that the Secretary of State must inform an authority at least two months in advance of the date by which he is proposing to set a target and give at least one month for the authority to submit any proposed target and for any representations in respect of the target to be submitted. Prior to setting targets, the Secretary of State must have regard to any targets proposed by the authority and to any representations made in relation to such targets.

Regulation 5 requires the Secretary of State to give an account of his reasons if he proposes to set a target which differs from an authority’s proposal and provides for an opportunity for further representations to be submitted to the Secretary of State.