The Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) (No. 2) Regulations 2017

Made: 8th March 2017

Laid before Parliament: 10th March 2017

Coming into force in accordance with regulation 1

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 12(2), (6A) and (6B) and 104(2) of the Childcare Act 2006[^f00001].

Citation and commencement

1

• (1) These Regulations may be cited as the Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) (No. 2) Regulations 2017.

• (2) This regulation and regulation 2 come into force on 31st March 2017.

• (3) Paragraphs (1), (2), (5) and (6) of regulation 3 come into force on 1st April 2017.

• (4) Paragraphs (3) and (4) of regulation 3 come into force on 1st September 2017.

Revocation

2

The Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) Regulations 2017[^f00002] are revoked.

Amendment of the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007

3

• (1) The Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007[^f00003] are amended as follows.

• (2) In regulation 1(2), after the definition of “childminder agency” insert—

• “the extended entitlement” means early years provision which is provided free of charge pursuant to a duty imposed on an English local authority by regulation 33 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016[^f00004] (duty to secure early years provision free of charge for a qualifying child of working parents);

• (3) In regulation 1(2), for the definition of “free early years provision” substitute—

• “free early years provision” means early years provision which is provided free of charge pursuant to a duty imposed on an English local authority by— section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge); or regulation 33 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016;

• (4) After regulation 2 (prescribed descriptions of information about childcare), insert—

(2A) Duty to publish information (1) An English local authority must publish the descriptions of information prescribed under regulation 2 three times a year on 1st January, 1st April and 1st September. (2) An English local authority must— (a) publish the prescribed descriptions of information by placing them on its website; and (b) publish its arrangements for enabling— (i) people without access to the internet; and (ii) different groups who face difficulties in accessing the internet, including people with a disability, to obtain a copy of the information. (3) In this regulation, “disability” has the meaning given by section 6 of the Equality Act 2010[^f00005].

• (5) In paragraph 1 of Schedule 1, after sub-paragraph (o), insert—

(p) during the period beginning on 1st April 2017 and ending on 31st August 2017, whether the registered person intends to provide the extended entitlement.

• (6) In paragraph 2 of Schedule 1, after sub-paragraph (g), insert—

(h) during the period beginning on 1st April 2017 and ending on 31st August 2017, whether the person providing the childcare intends to provide the extended entitlement.

Signed

Caroline Dinenage — Parliamentary Under Secretary of State — Department for Education — 8th March 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007 (S.I. 2007/3490) (“the 2007 Regulations”). The 2007 Regulations prescribe the descriptions of information which must be provided by English local authorities to parents and prospective parents in their area pursuant to the duty under section 12 of the Childcare Act 2006 (2006 c.2).

Regulation 2 revokes the Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) Regulations 2017 (S.I. 2017/249) which contained defects.

Regulation 3(2) inserts a definition of “extended entitlement” which is free childcare for qualifying children of working parents provided pursuant to the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257) made under the Childcare Act 2016.

Regulation 3(3) amends the definition of “free early years provision” to include the extended entitlement. This amendment ensures that local authorities are required to provide and publish prescribed information about providers that deliver the extended entitlement.

Regulation 3(4) inserts regulation 2A into the 2007 Regulations which imposes a duty on a local authority to publish the prescribed descriptions of information about childcare and other services on its website. First publication must take place on 1st September 2017. Thereafter information must be published three times a year on 1st January, 1st April and 1st September. This regulation also requires local authorities to publish its arrangements for enabling people without access to the internet and those who face difficulties in accessing the internet, to obtain a copy of the information.

Paragraphs (5) and (6) of regulation 3 expand the prescribed descriptions of information set out in Schedule 1 to include whether a registered or unregistered childcare provider intends to provide the extended entitlement. A local authority is only required to provide this information during the period beginning on 1st April 2017 and ending on 31st August 2017.

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

As these Regulations have been made in consequence of defects in the Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) Regulations 2017 (S.I. 2017/249), they are being issued free of charge to all known recipients of those Regulations.

Footnotes

[^f00001]: 2006 c.21. Subsections (6A) and (6B) of section 12 were inserted by section 5 of the Childcare Act 2016 (c.5). See section 106 for the definition of “prescribed” and “regulations”.

[^f00002]: S.I. 2017/249.

[^f00003]: S.I. 2007/3490, amended by S.I. 2014/1921, S.I. 2015/1562 and S.I 2017/249.

[^f00004]: S.I. 2016/1257.

[^f00005]: 2010 c.15.