EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make an amendment to the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (“the Regulations”).

Regulation 5 amends regulation 12 of the Regulations by omitting paragraph (2)(c). This enables a person from a prescribed state to continue to be eligible for 30 hours free childcare, where the application for leave to enter or remain under the EU Settlement Scheme has not yet been determined or there is an outstanding appeal. Such a person will be regarded as being in the United Kingdom for the purposes of regulation 11 of the Regulations under regulation 12(1)(a) as a person who is ordinarily resident in the United Kingdom.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.