When assessing an application to amend a licence under subclause (2) or (4), the Secretary must consider the matters that the Secretary considers relevant in—

(a)

sections 17(2) and 17A of the Act; and

(b)

regulation 9 of the Education (Early Childhood Services Network Approval) Regulations 2022.

(6)

Subclause (5) does not apply to—

(a)

an application to amend a licence for an excluded early childhood education service; or

(b)

the part of an application that seeks to amend a licence to authorise the service provider to move permanently to new premises.

(7)

The Secretary may amend a licence to authorise the service provider to move permanently to new premises if, and only if,—

(a)

the service provider’s existing premises are situated on land acquired under—

(i)

Part 2 of the Public Works Act 1981; or

(ii)

Part 5 of the Urban Development Act 2020; and

(b)

the relevant application is complete and submitted—

(i)

no later than 90 days after the date on which the service ceases to operate at the existing premises; and

(ii)

no more than 90 days before, and no less than 30 working days before, the intended operating date of the service at the new premises; and

(c)

the Secretary considers that—

(i)

the new premises are located in the same proximate geographical area as the existing premises and serve the same or similar enrolled families or community; and

(ii)

the physical size of the new premises and the number of children that can be accommodated within the premises are not materially different to the size and capacity of the existing premises.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 28 August 2023, amend the Education (Early Childhood Services) Regulations 2008 to—

clarify the matters that the Secretary for Education must consider when assessing an application to amend the licence of a service provider:
specify the circumstances in which a licence may be amended to authorise a service provider to move permanently to new premises.

Regulatory impact statement

The Ministry of Education produced a regulatory impact statement on 30 March 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 27 July 2023.

These regulations are administered by the Ministry of Education.

Education (Early Childhood Services) Amendment Regulations 2023