EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations replace with modifications the Childcare (Provision of Information About Young Children) (England) Regulations 2008 (S.I. 2008/1722) (“the 2008 Regulations”) except for Regulation 9, and revoke the Childcare (Provision of Information About Young Children) (England) (Amendment) Regulations 2008 (S.I. 2008/3071). Regulation 9 of the 2008 Regulations is not revoked as the amendment it makes to the Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999 (S.I. 1999/903), is required to remain in force.
These Regulations prescribe individual child information that early years providers can be required to provide to the Secretary of State and their local authority, and prescribe the persons and categories of persons who can collect and exchange information about children receiving early years provision.
Regulation 4 prescribes the information which early years providers must provide, if requested, to the Secretary of State and to their local authority (which is a prescribed person under regulation 5 for the purposes of section 99(2)(b) of the Childcare Act 2006 (“the Act”)). Regulation 4(1) prescribes that all the information set out in Parts 1 and 2 of the Schedule can be required from all funded providers. Regulation 4(2) prescribes that all the information in Part 1 and some of the information in Part 2 of the Schedule can be required from all non-funded providers. A “funded provider” is a person who provides early years provision that is available free of charge in pursuance of the duty imposed on local authorities by section 7 of the Act, and a “non-funded provider” is a person who provides early years provision that is not funded in this way.
Regulations 6 to 9 prescribe certain persons or categories of persons for the purposes of sections 99(3), (4) and (6) of the Act with whom individual child information can be shared.
Copies of the “Statutory Framework for the Early Years Foundation Stage” document referred to in Part 1 of the Schedule can be obtained from DCSF Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 ODJ (telephone: 0845 60 222 60; email dcsf@prolog.uk.com; reference: 00267-2008BKT-EN). It is also available at www.standards.dcsf.gov.uk/eyfs.
An Impact Assessment was produced for this instrument and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website at http://www.opsi.gov.uk.