The Early Years Foundation Stage (Exemptions from Learning and Development Requirements) (Amendment) Regulations 2012

2

The Secretary of State may direct that the learning and development requirements4 apply with modifications, or do not apply—

a

in respect of a particular early years provider, in the circumstances prescribed in regulation 3, and to the extent prescribed in regulation 4; and

b

in respect of a particular description of early years providers, in the circumstance prescribed in regulation 4A, and to the extent prescribed in regulation 4B.

4

1

A direction made under regulation 2(a) may provide that any educational programme, early learning goal or assessment arrangement—

a

applies with such modifications as are specified in the direction; or

b

does not apply.

2

A direction made under regulation 2(a) may not extend to early years provision where the circumstance referred to in regulation 3(c) is not met.

Prescribed circumstance relating to independent schools4A

The circumstance referred to in regulation 2(b) is that the particular description of early years providers is an independent school which is not an Academy within the meaning of section 579(1) of the Education Act 19965.

Extent of a direction: independent schools4B

1

A direction made under regulation 2(b) may not extend to early years provision for a child or children who has not (or have not) attained the age of three.

2

A direction made under regulation 2(b) may not extend to early years provision where the requirements of a condition imposed by the Secretary of State under regulation 4C(2)(d) on making a direction are not satisfied.

Conditions which may be imposed on making a direction4C

1

The Secretary of State may, on making a direction under regulation 2, impose a condition requiring an early years provider to make clear in any information published for parents about the early years provision that the early years provision is exempt provision.

2

The Secretary of State may, on making a direction under regulation 2(b), impose conditions—

a

requiring an early years provider to seek the views of the parents of children for whom the early years provision is provided as to whether the early years provision should be exempt provision;

b

requiring an early years provider to inform the relevant local authority that it intends to notify the Secretary of State that it wishes the early years provision to be exempt provision;

c

requiring an early years provider to notify the Secretary of State that it wishes the early years provision to be exempt provision;

d

regarding the quality of education and associated provision at the independent school which must be met for the early years provision to be exempt provision; and

e

requiring an early years provider to notify the Secretary of State and the relevant local authority if it is no longer able to satisfy the requirements of a condition imposed under regulation 4C(2)(d).

3

In this regulation, “exempt provision” means early years provision which does not meet the learning and development requirements, or which meets the learning and development requirements subject to modifications, in accordance with a direction made under regulation 2.