The Childcare (Free of Charge for Working Parents) (England) Regulations 2022
PART 1Preliminary provisions
1Citation and commencement
2Extent and application
3Consequential amendments and revocations
PART 2Interpretation
4Definitions
5Meaning of “care plan”
6Meaning of “childcare provider”
7Meaning of “employee”
8Meaning of “foster parent”
9Meaning of “looked after by a local authority”
10Meaning of “partner”
11Meaning of “person in the United Kingdom”
12When periods begin and end
PART 3Determinations as to qualifying children of working parents
Description of young child
13Description of young child
Conditions relating to parent and partner of parent
14Conditions relating to parent
15Conditions relating to partner of parent
16Qualifying paid work requirement: employee
17Qualifying paid work requirement: self-employed person
18Minimum income requirement
Declaration
19How to make a declaration
20When a declaration may be made
21Form and manner of declaration
Determination
22Determination of qualifying child of working parents: Commissioners
23Power to decline to make a determination
24Determination of qualifying child of working parents: responsible local authority
Effect of declaration
25Period for which declaration has effect
26When a parallel declaration ceases to have effect
Eligibility for childcare
27Period of eligibility for childcare
Disclosure of information
28Information relating to immigration and social security
29Information relating to qualifying child of working parents
PART 4Offences and penalties
Offences
30Offence relating to onward disclosure of personal information
Penalties
31Penalty for dishonest conduct
32Penalty for false or misleading information
33Penalty for material inaccuracy in declaration
34Assessment of penalty
35Enforcement of penalty
PART 5Reviews and appeals
Reviews
36Right to apply for review
37Extension of right to apply for review
38Review procedure
Appeals
39Right to appeal following review
40Appeal against decision to decline to make a determination
41Appeal against determination as to qualifying child of working parents
42Appeal against imposition of penalty or amount
43Power to settle appeals by agreement
PART 6Duties of English local authorities
Childcare for qualifying children of working parents
44Duty to secure childcare available free of charge
Arrangements for provision of childcare
45Duty to make arrangements with childcare provider chosen by parent
46Arrangements to provide for termination
47Requirements permissible in arrangements
48Requirements prohibited in arrangements
Guidance in discharging of functions
49Duty of English local authority to have regard to guidance
SCHEDULEConsequential amendments and revocations
Consequential amendments
1Amendment of the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007
2Amendment of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010
3Amendment of the Childcare Payments Regulations 2015
4Amendment of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016
5Amendment of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018
6Amendment of the Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020
7Amendment of the Tax Credits, Childcare Payments and Childcare (Extended Entitlement) (Coronavirus and Miscellaneous Amendments) Regulations 2020
8Amendment of the Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022
Revocations
9Revocations
2022 No. 1134
Childcare, England
Local Authorities, England

The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

Made
Laid before Parliament
Coming into force
The Secretary of State for Education makes these Regulations in exercise of the powers conferred by sections 1(2), (3), (4) and (7), 2(1), (2), (4) and (5) and 4(2) of the Childcare Act 20161.

In accordance with section 2(3) of the Childcare Act 2016, these Regulations are made with the consent of the Treasury.