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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) (No. 2) Regulations 2021 No. 1168 URL: http://www.bailii.org/uk/legis/num_reg/2021/uksi_20211168_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Children And Young Persons, England
Made
20th October 2021
Laid before Parliament
22nd October 2021
Coming into force
12th November 2021
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 1(2)(d), (3) and (4)(d)(ii) and 2(1) and 4(2) of the Childcare Act 2016( 1).
In accordance with section 2(3) of that Act, these Regulations are made with the consent of the Treasury.
1. These Regulations may be cited as the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) (No. 2) Regulations 2021 and come into force on 12th November 2021.
2. These Regulations extend to England and Wales.
3. These Regulations apply in relation to England only.
4. The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016( 2) are amended as follows.
5. In regulation 12 (being in the United Kingdom)—
(a) at the end of paragraph (2)(a)(ii) insert “or”;
(b) at the end of paragraph (2)(b) for “; or” substitute “.”;
(c) omit paragraph (2)(c); and
(d) omit the definition of “EU Settlement Scheme” in paragraph (3).
Will Quince
Parliamentary Under Secretary of State
Department for Education
20th October 2021
James Morris
Rebecca Harris
Two of the Lord’s Commissioners of Her Majesty’s Treasury
18th October 2021
(This note is not part of the Regulations)
These Regulations make an amendment to the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (“the Regulations”).
Regulation 5 amends regulation 12 of the Regulations by omitting paragraph (2)(c). This enables a person from a prescribed state to continue to be eligible for 30 hours free childcare, where the application for leave to enter or remain under the EU Settlement Scheme has not yet been determined or there is an outstanding appeal. Such a person will be regarded as being in the United Kingdom for the purposes of regulation 11 of the Regulations under regulation 12(1)(a) as a person who is ordinarily resident in the United Kingdom.
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 onwww.legislation.gov.uk.
S.I. 2016/1257. Relevant amendments made by S.I. 2017/1160, S.I. 2018/794and S.I. 2021/674. There are other amendments which are not relevant to these Regulations.