3.—(1) It is directed that the provisions in [F1Sections 1 and 2] of [F2, and Annex B to,] the Document [F3that, by virtue of their use of the word “must”, express requirements,] have effect for the purposes of specifying the learning and development requirements M1 under section 39(1)(a) of the Act.
(2) Early years providers M2 to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the [F4matters in] [F5Sections 1 and 2 of, and Annex B to, the Document that use the word “should”] in securing that the early years provision they provide meets the learning and development requirements.
Textual Amendments
F1Words in art. 3(1) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4
F2Words in art. 3(1) inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(3)(a)
F3Words in art. 3(1) inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(3)(a)
F4Words in art. 3(2) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5
F5Words in art. 3(2) substituted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(3)(b)
Marginal Citations
M1The learning and development requirements cover six areas of learning; the Statutory Framework for the Early Years Foundation Stage (“the Document”) specifies early learning goals and educational programmes in relation to each area and includes arrangements required for assessing children's achievements in relation to the early learning goals (see section 41(1) to (3) of the Childcare Act 2006 (“the Act”)).
M2For the definition of “early years provider” see section 96(3) of the Act.