Commentary on Sections and Schedules Part 3 – Regulation of Provision of Childcare in England Chapter 2: Regulation of Early Years Provision Section 43: Welfare requirements
100.Section 43 sets out the matters that may be covered by regulations made by the Secretary of State under section 39(1)(b) (the ‘welfare requirements’). They relate to measures for securing young children’s safety and welfare when they are receiving early years provision and the effective organisation of an early years setting, as well as procedures for dealing with complaints and the provision of information.
101.The regulations may also provide that a person is guilty of an offence if they fail to comply with a requirement, and that they are liable to pay a fine if they commit such an offence.