The Childcare (Inspections) (Amendment and Revocation) Regulations 2012

Made: 28th June 2012

Laid before Parliament: 5th July 2012

Coming into force: 1st August 2012

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 49, 50, 61 and 104(2) of the Childcare Act 2006[^f00001].

Citation and commencement

1

These Regulations may be cited as the Childcare (Inspections) (Amendment and Revocation) Regulations 2012 and come into force on 1st August 2012.

Amendments to the Childcare (Inspections) Regulations 2008

2

• (1) The Childcare (Inspections) Regulations 2008[^f00002] are amended as follows.

• (2) In regulation 2 omit all the definitions except the definition of “parent”.

• (3) Omit regulations 3 to 11 and 14.

• (4) In regulation 15 omit paragraph (b) and the “and” before it.

• (5) In regulation 16 omit paragraph (b) and the “and” before it.

• (6) Omit regulation 17.

Revocation

3

The Childcare (Inspections) (Amendment) Regulations 2009[^f00003] are revoked.

Signed

Sarah Teather — Minister of State — Department for Education — 28th June 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Childcare (Inspections) Regulations 2008 (“the Principal Regulations”) provide for inspections of early years provision and later years provision (defined in section 96 of the Childcare Act 2006 (“the Act”), provided by people on the Early Years Register or on Part A of the General Childcare Register. The registers are maintained by the Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) under Part 3 of the Act.

These Regulations amend the Principal Regulations by revoking the provisions relating to early years provision including regulations 3 to 11 covering frequency of inspections, the circumstances in which the Chief Inspector is not required to inspect provision in independent schools, the provision of inspection reports to local authorities and the requirements on providers to tell parents about an impending inspection and to give them copies of inspection reports.

In relation to later years provision these Regulations also omit regulations 14, 15(b), 16(b) and 17. Regulation 14 required the Chief Inspector to send a copy of a later years inspection report (made under section 61(1) of the Act) to the relevant local authority. Regulations 15(b) and 16(b) of the Principal Regulations required later year childminders and other later year providers to give copies of reports or additional reports to parents upon payment of a fee. Regulation 17 allowed a fee to be charged for copies of the reports referred to in regulations 15(b) and 16(b). The Regulations also omit the definitions of terms which are no longer used apart from the definition of “parent” which is still required.

An Impact Assessment has been produced for this instrument and can be found at www.legislation.gov.uk.

Footnotes

[^f00001]: 2006 c. 21. Section 49 is amended by paragraph 33 of Schedule 1 to the Education and Skills Act 2008 (c. 25) but the amendment is not yet in force and by paragraph 18 of the Schedule to S.I. 2012/976. Sections 50 and 61 were amended by paragraphs 111 and 112 respectively, of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

[^f00002]: S.I. 2008/1729, amended by S.I. 2009/1508.

[^f00003]: S.I. 2009/1508.