## EXPLANATORY NOTE 

## (This note is not part of the Regulations) 

These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (“the 2007 Order”) and the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (“the 2012 Regulations”) which modify and disapply certain requirements imposed under the 2007 Order and the 2012 Regulations. The amendments are being made in order to assist the early years’ sector during the coronavirus outbreak. There is a duty on the Secretary of State to keep the operation of the amendments under review. 

Part 1 contains general provisions. 

Part 2 modifies and disapplies provisions in the 2007 Order relating to the learning and development requirements in Sections 1 and 2 of the Statutory Framework for the Early Years Foundation Stage (“the Framework Document”) published by the Secretary of State for Education on 3rd March 2017 on the gov.uk website( a ). 

Section 1 of the Framework Document is modified until 25th September 2020 so that the learning and development requirements are to be treated as discharged if a provider uses its reasonable endeavours to discharge the requirement. 

In Section 2 of the Framework Document the legal requirement to undertake progress checks at age 2 are removed until 25th September 2020 and the requirement to complete assessments at the end of the Early Years Foundation Stage (the Early Years Foundation Stage Profile) for the academic year 2019-20 is disapplied. 

Regulation 6 makes similar provision for childminder agencies (in respect of the learning and development requirements) in respect of the exercise of their functions in relation to a childcare provider subject to a temporary closure order under the Coronavirus Act 2020, as is made in that Act in relation to the Chief Inspector. 

Part 3 modifies and disapplies provisions in the 2012 Regulations. Section 3 of the Framework Document is modified in relation to certain welfare requirements, in particular staff qualifications, training, support and skills. The modifications apply until 25th September 2020 subject to savings for providers who are relying on the modifications at the end of that period and who meet certain requirements who have until 25th November 2020 to comply with the unamended regulations. 

Regulation 9 makes similar provision as that in regulation 6 but in respect of the welfare requirements. 

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. 

