Commentary on Sections and Schedules Part 3 – Regulation of Provision of Childcare in England Chapter 2: Regulation of Early Years Provision Section  41: The learning and development requirements
97.This section sets out what may and may not be covered by a learning and development order made by the Secretary of State under section 39(1)(a). The ‘learning and development requirements’ must cover six areas of learning and development, which are listed in subsection (2). In relation to these six areas, the ‘learning and development requirements’ may specify:
	early learning goals, setting out what most young children are expected to achieve before 1st September following their 5th birthday;
	educational programmes, setting out what should be taught to young children attending early years provision, although the order may not require providers to allocate any particular periods of time to the delivery of such a programme;
	arrangements for assessing the learning and development of young children attending early years provision.