1 Citation and commencement

This Order may be cited as the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 and comes into force on 1st September 2008.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see above.

2 Interpretation

2Interpretation

In this Order—

“the Act” means the Childcare Act 2006;

“the Document” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see art 1.

3 Specification of the learning and development requirements

3Specification of the learning and development requirements

(1)    It is directed that the provisions in Section 2 of the Document have effect for the purposes of specifying the learning and development requirements under section 39(1)(a) of the Act.

(2)    Early years providers to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the guidance in Section 2 of the Document in securing that the early years provision they provide meets the learning and development requirements.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see art 1.

4 Further provisions about assessment arrangements

4Further provisions about assessment arrangements

(1)    An English local authority must make provision to ensure the accuracy and consistency of the assessments made by early years providers in their area.

(2)    An English local authority must have regard to any guidance given by the Qualifications and Curriculum Authority in exercising their function under paragraph (1).

(3)    An early years provider must permit any person authorised by an English local authority for the purposes of exercising their function under paragraph (1)—

(a)    to enter the premises on which the early years provision is provided;

(b)    to observe the implementation of the assessment arrangements; and

(c)    to inspect, and take copies of, documents and other articles relating to EYFS profiles and assessment arrangements.

(4)    In this article “EYFS profile” has the same meaning as in Section 2 of the Document.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see art 1.

5 Requirement on Chief Inspector

5Requirement on Chief Inspector

The Chief Inspector must have regard to the requirements and guidance in Section 2 of the Document in exercising her functions under Part 3 of the Act.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see art 1.

6 Matters to be considered by the Chief Inspector

6Matters to be considered by the Chief Inspector

Any allegation that an early years provider has—

(a)    failed to meet the learning and development requirements prescribed in Section 2 of the Document; or

(b)    failed to have regard to the guidance in Section 2 of the Document

may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see art 1.

7 Proceedings under Part 3 of the Act

7Proceedings under Part 3 of the Act

Any allegation that an early years provider has—

(a)    failed to meet the learning and development requirements prescribed in Section 2 of the Document; or

(b)    failed to have regard to the guidance in Section 2 of the Document

may be taken into account in any proceedings under Part 3 of the Act.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2008: see art 1.

Signature

Beverley Hughes

Minister of State

Department for Education and Skills

20th June 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order made under the Childcare Act 2006 (“the Act”) specifies the learning and development requirements in relation to each of the areas of learning and development that early years providers must secure in providing early years provision.

Article 3 specifies the learning and development requirements and gives legal effect to the Statutory Framework for the Early Years Foundation Stage, published by the Secretary of State for Education and Skills. Early years providers are required to have regard to the guidance in the Statutory Framework for the Early Years Foundation Stage in securing that the early years provision they provide meets the learning and development requirements.

Article 4 sets out further provisions about assessment arrangements. Local authorities are required to make provision to ensure the accuracy and consistency of assessments made by early years providers.

Article 5 requires the Chief Inspector to have regard to the requirements and guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage in exercising functions under Part 3 of the Act.

Article 6 enables the Chief Inspector of Education, Children's Services and Skills (“the Chief Inspector”), in exercising her functions under Part 3 of the Act, to take into account allegations that an early years provider has failed to meet the learning and development requirements, or failed to have regard to guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage. Article 7 allows any such allegation to be taken account in any proceedings under Part 3 of the Act.

The learning and development requirements, together with welfare requirements specified under section 39(1)(b) of the Act, make up the Early Years Foundation Stage. The learning and development requirements will replace the curriculum guidance for the foundation stage which was given legal effect by the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 SI 2003/391.

Copies of the Statutory Framework for the Early Years Foundation Stage (ISBN 978–1–84478–921–4) referred to in Article 3, can be obtained from DfES publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DJ (Tel 0845 6022260), email dfes@prolog.uk.com. Ref 00012–2007PCK-EN.

A regulatory impact assessment has been prepared for this Order. It is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website http://www.opsi.gov.uk.

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