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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the assessments of the sufficiency of childcare in their area that an English local authority (“an authority”) must make under section 11 of the Childcare Act 2006 (c.21). “English local authority” is defined in section 106 of that Act.

Regulation 2 lists the persons and descriptions of persons an authority must consult in preparing their childcare assessment. The authority must prepare their childcare assessment in accordance with the criteria set out in regulation 3, namely criteria such as the numbers of free nursery provision places for 3 and 4 year olds required and provided, the number of places in childcare of various descriptions required and provided, times of day childcare is provided and charges made in respect of childcare. The information must be collected in relation to sub-areas of the authority (see regulation 3(5)). The authority must make available for comment a draft of a childcare assessment.

Regulation 4 prescribes the matters that must be dealt with by a childcare assessment. The assessment must give the information collected by the authority pursuant to regulation 3, but in respect of the whole of the area of the authority rather than in relation to sub-areas.

Regulation 5 sets out that the childcare assessment must be published on the local authority’s website and copies made available in public libraries, premises of childcare providers, schools and other places the authority consider appropriate.

A Regulatory Impact Assessment has been carried out for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills’ website http://www.dfes.gov.uk/ria.