Question to the Department for Education:

To ask the Secretary of State for Education, with reference to the Retained EU Law Bill, whether she plans to (a) revoke, (b) retain or (c) replace the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016.

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 were amended on 12 November 2021, to ensure that Swiss nationals and nationals from the European Economic Area (EEA) who have a pending application for leave to enter or remain in the UK under the EU Settlement Scheme, or who have an outstanding appeal or applied late, are still eligible to apply for the 30 hours free early education entitlement. Parents with EEA or Swiss nationality who have indefinite leave to remain in the UK are also eligible to apply for 30 hours free early education entitlement.

These regulations were consolidated in December 2022, as the Childcare (Free of Charge for Working Parents) (England) Regulations 2022. This can be accessed here: https://www.legislation.gov.uk/uksi/2022/1134/contents/made.