The Welfare Food (Amendment) (England and Wales) Regulations 2026

These Regulations amend the Welfare Food Regulations 1996 (S.I. 1996/1434) (“the 1996 Regulations”). The 1996 Regulations provide for a scheme (the “Nursery Milk Scheme”) which entitles children under the age of five years to one-third of a pint of milk (189ml) on any day where they are provided with childcare, by an approved childcare provider, for two hours or more. Regulations 3 to 10 amend the 1996 Regulations to replace references to day care with childcare and to update references to childcare legislation in England and Wales which have been updated since the 1996 Regulations came into force. These include changes made by the Childcare Act 2006 (c. 21) for England, and the Children and Families (Wales) Measure 2010 (nawm 1) and the Child Minding and Day Care Exceptions (Wales) Order 2010 (S.I. 2010/2839) (W.233)) for Wales. These Regulations also extend eligibility under the Nursery Milk Scheme to childcare providers registered with Childminder Agencies. Those providers will be able to claim reimbursement for milk they provide to eligible children in their care in the same way as childcare providers that are currently registered with Ofsted, or for providers registered with the Welsh Ministers in Wales. These Regulations also make provision in consequence of the repeal and replacement of the Child Minding and Day Care Exceptions (Wales) Order 2010 with the Child Minding and Day Care Exceptions (Revocation and Transitional Provision) (Wales) Order 2026 (S.I. 2026/100).