The Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2025

Published: Wed 10th Dec 25

These Regulations, made by the Secretary of State under the Childcare Act 2016, amend the Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 to correct a specific drafting error concerning free childcare provisions for working parents.

The instrument specifically modifies Regulation 5(4) of the principal Regulations, which in turn amends Regulation 44 of the 2022 Regulations, by omitting only redundant transitional sub-paragraphs from paragraph (3), rather than omitting the whole paragraph as previously intended.

They come into force on December 31, 2025, and extend to England and Wales.

Arguments For

The amendment corrects a drafting error in the principal Regulations, ensuring the intended regulatory change regarding free childcare for working parents is implemented correctly.
Correcting drafting errors promptly maintains clarity and certainty in legislation governing childcare entitlements, ensuring service providers and parents understand their obligations and rights accurately from the commencement date of the principal Regulations.
The instrument streamlines Regulation 44(3) of the 2022 Regulations by removing redundant transitional provisions, leading to a cleaner and more efficient legal framework for securing free childcare.

Arguments Against

The necessity of a corrective amendment implies a failure in the initial drafting or vetting process of the principal Regulations, potentially causing administrative confusion prior to this intervention.
While the goal is correction, the amendment introduces changes close to the commencement date of the principal Regulations (which amend other 2022 regulations), which could necessitate re-communication or re-training for affected bodies.

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1) and (2)(b) and 4(2)(c) of the Childcare Act 2016.

The Secretary of State issues these statutory rules based on powers granted under Sections 2(1), 2(2)(b), and 4(2)(c) of the Childcare Act 2016.

(a)

may be cited as the Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2025,

The official short title for these amending regulations is the Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2025.

(b)

come into force on 31st December 2025, and

These rules officially take legal effect on December 31, 2025.

(c)

extend to England and Wales.

The geographical scope of these regulations covers both England and Wales.

Amendment of the Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 20252.

This section specifies the main purpose: making amendments to the previously enacted Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025.

The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 are amended in accordance with paragraph (2).

The content of the principal Regulations cited is modified according to the details provided in the following subsection (2).

In regulation 5 (amendment of the Childcare (Free of Charge for Working Parents) (England) Regulations 2022), for paragraph (4) substitute—

(4)
In regulation 44 (duty to secure childcare available free of charge), in paragraph (3), omit sub-paragraphs (a) and (b) and the em dash which precedes them.”.

Within Regulation 5 of the principal Regulations, which deals with amending the 2022 Regulations, the existing text of paragraph (4) is replaced.

The new text states that in Regulation 44 (concerning the duty to provide free childcare), sub-paragraphs (a) and (b) within paragraph (3), along with the preceding dash symbol (em dash), must be removed.

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