The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016.

(2) These Regulations come into force on 1 April 2016.

(3) These Regulations apply in relation to Wales.

Interpretation E+W

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Childcare Act 2006;

“the Measure” (“y Mesur”) means the Children and Families (Wales) Measure 2010 M1 ;

“assessment” (“asesiad”) means the assessment carried out by a local authority in accordance with these Regulations;

“child minding” (“gwarchod plant”). has the meaning in Part 2 of the Measure;

“childcare” (“gofal plant”) has the meaning in section 30 of the Act;

“childcare provider” (“darparwr gofal plant”) means any person who is registered under Part 2 of the Measure to provide childcare;

“day care” (“gofal dydd”) has the meaning in Part 2 of the Measure;

[F1 “Family Information Service” (“Gwasanaeth Gwybodaeth i Deuluoedd”) means a service which a local authority is required to provide under section 27 of the Childcare Act 2006;]

F2 ...

“home childcare providers” (“darparwyr gofal plant yn y cartref”) means persons approved under a scheme made by the Welsh Ministers pursuant to [F3 section 60 of the Government of Wales Act 2006];

F4 ...

“relevant premises” (“mangre berthnasol”) means premises on which a person acts as a childcare provider;

[F1 “third sector organisation” (“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society;]

“Welsh medium education forum” (“fforwm addysg cyfrwng Cymraeg”) means a body established by a local authority for the purpose of improving the provision of Welsh medium education in its area, the members of which consist of the local authority and such other persons as the local authority considers appropriate M2 .

(2) In these Regulations, the types of childcare are—

(a) child minding;

(b) each of the types of day care identified in standards made by the Welsh Ministers from time to time and to which regard must be had pursuant to section 30(3) of the Measure; and

(c) home childcare providers (nannies).

Textual Amendments

F1 Words in reg. 2 inserted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(2)(c)

F2 Words in reg. 2 omitted (11.3.2026) by virtue of The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(2)(a)(i)

F3 Words in reg. 2 substituted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(2)(b)

F4 Words in reg. 2 omitted (11.3.2026) by virtue of The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(2)(a)(ii)

Marginal Citations

M1 2010 nawm 1.

M2 See the Welsh in Education Strategic Plans and Assessing Demand for Welsh Medium Education (Wales) Regulations 2013 – S.I. 2013/3048 (W 307).

Duty to prepare and publish assessments E+W

3.—(1) The local authority must prepare and publish assessments of the sufficiency of the provision of childcare in its area.

(2) The first assessment must be published by 31 March 2017.

[F5 (2A) But the date by which the assessment must be published in 2027 and in subsequent years is 30 June.]

(3) Subsequent assessments must be prepared and published at five yearly intervals.

(4) In preparing an assessment the local authority must have regard to any guidance given by the Welsh Ministers.

(5) The local authority must send a copy of the assessment prepared under paragraphs (2) and (3) to the Welsh Ministers.

Textual Amendments

F5 Reg. 3(2A) inserted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(3)

Action Plan E+W

4.—(1) Each assessment prepared by the local authority must include an action plan.

(2) Where an assessment identifies—

(a) an insufficiency in childcare provision for children in the local authority area, the action plan must set out what steps need to be taken to improve the opportunities for children to access childcare provision within that local authority area, or

(b) that opportunities for children to access childcare in the local authority area are sufficient, the action plan must set out what steps need to be taken to maintain opportunities for children to access childcare within that local authority area.

[F6 (3) An action plan must—

(a) prioritise the steps to be taken, and

(b) set out the time period within which the local authority will complete the steps.]

Textual Amendments

F6 Reg. 4(3) inserted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(4)

[F7 Annual Progress Report E+W

4A.— (1) A local authority must prepare an annual progress report and a further action plan on each anniversary of the date of the publication of the assessment.

(2) The annual progress report must set out the progress which has been made against the steps in the action plan and set out any significant issues or changes since the publication of the assessment.]

Textual Amendments

F7 Reg. 4A inserted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(5)

Matters to be contained in the assessment E+W

5.  The Schedule (which prescribes the matters which must be contained in the assessment) has effect.

Consultation E+W

6.  In preparing the assessment the local authority must consult [F8 the following persons in its area]—

(a) children;

(b) parents or carers;

(c) childcare providers;

F9 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in reg. 6 substituted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(6)(a)

F9 Reg. 6(d)-(k) omitted (11.3.2026) by virtue of The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(6)(b)

[F10 7.— (1) In preparing the assessment the local authority must—

(a) consult with the following—

(i) the Safeguarding Children Board of which it is a Safeguarding Board partner;

(ii) if established in the local authority’s area, the Welsh medium education forum;

(iii) the local authority’s play sufficiency lead officer, if any;

(iv) the body responsible for determining whether a child has additional learning needs and preparing and maintaining an individual development plan under the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and

(b) notify any Jobcentre Plus offices in the local authority’s area and invite the submission of any views.

(2) In this regulation, “play sufficiency lead officer” means the officer in the local authority designated with responsibility for ensuring that the local authority fulfils its duties under section 11 of the Measure.]

Textual Amendments

F10 Reg. 7 substituted (11.3.2026) by The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(7)

Draft Assessment E+W

8.  Prior to publishing the assessment prepared under these Regulations, the local authority must publish a draft of the assessment on the local authority's website for a period of 28 days to give the persons who have been consulted the opportunity to comment on the draft.

9.  The local authority must amend the draft assessment in such way as they consider appropriate in response to any comments received.

Method of publication of assessment E+W

10.  The local authority must publish the assessment on the local authority's website.

11.  The local authority may provide copies of the assessment to the public upon request.

Annual progress reports E+W

F11 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Reg. 12 omitted (11.3.2026) by virtue of The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/36), regs. 1(2), 2(8)

Revocation E+W

13.  The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2013 M3 are revoked.

Marginal Citations

M3 S.I. 2013/2274 (W 220).

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers