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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257) (“the Regulations”).

Regulations 5, 6(c), 7 and 8 remove the definition of “another EEA state” and add the definition of “prescribed state” as any EEA state or Switzerland which was necessary as a result of the United Kingdom’s (“UK”) exit from the EU.

Regulation 6(a) and (b) corrects errors in the Regulations which were made by The Tax Credits, Childcare Payments and Childcare (Extended Entitlement) (Coronavirus and Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1515).

Regulation 9 amends regulation 12 of the Regulations, to accommodate the new definition of “prescribed state” and specifies the circumstances in which a person is to be treated as being, or not being, in the UK. This amendment results from the UK’s exit from the EU and provides that only those nationals from the EEA or Switzerland who are not subject to immigration control will be treated as being in the UK.

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.