The Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014

Citation, commencement, interpretation and application

1.—(1) This Order may be cited as the Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014 and shall come into force—

(a) for all purposes (other than article 2(2) to (5)), on 1st August 2014; and

(b) for the purposes of article 2(2) to (5), on 31st October 2014.

(2) In this Order—

“parent” has the meaning given in section 135(1) of the 1980 Act(1);

“qualifying benefit” means—

(a)

income support under the Social Security Contributions and Benefits Act 1992(2);

(b)

an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995(3));

(c)

income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007(4);

(d)

incapacity benefit under Part II of the Social Security Contributions and Benefits Act 1992(5);

(e)

severe disablement allowance under the Social Security Contributions and Benefits Act 1992(6);

(f)

state pension credit payable under the State Pension Credit Act 2002(7);

“school year” means a period of 12 months commencing on 1st August of any year;

“specified description” means specified description for the purposes of section 47(2)(c)(ii) of the 2014 Act (power to specify a description of children under school age and who have not commenced attendance at primary school (other than at a nursery class in such a school) who are entitled to be provided with early learning and childcare);

“starting point for 3 year olds”, in relation to a child, means—

(a)

where a child’s third birthday falls in the period beginning 1st March and ending on 31st August, the first day of the autumn term occurring in that year;

(b)

where a child’s third birthday falls in the period beginning 1st September and ending on 31st December, the first day of the spring term immediately following that birthday; and

(c)

where a child’s third birthday falls in the period beginning 1st January and ending on the last day of February, the first day of the summer term immediately following that birthday;

“starting point for 2 year olds”, in relation to a child, means—

(a)

subject to paragraph (5), where a child’s second birthday falls in the period beginning 1st March and ending on 31st August, the first day of the autumn term occurring in that year;

(b)

where a child’s second birthday falls in the period beginning 1st September and ending on 31st December, the first day of the spring term immediately following that birthday; and

(c)

where a child’s second birthday falls in the period beginning 1st January and ending on the last day of February, the first day of the summer term immediately following that birthday;

“the 2014 Act” means the Children and Young People (Scotland) Act 2014.

(3) For the purposes of this Order the terms of a school year shall be taken to commence during the following periods—

• as respects the autumn term, the period beginning 1st August and ending on 31st December;

• as respects the spring term, the period beginning 1st January and ending on the last day of February; and

• as respects the summer term, the period beginning 1st March and ending on 31st July.

(4) Article 2(2) and (3) of this Order apply to a child where their second birthday falls on or after 1st March 2014.

(5) Where a child’s second birthday falls in the period beginning 1st March 2014 and ending on 31st August 2014, the starting point for 2 year olds in relation to that child means (other than for the purposes of article 2(2)(b) and (3)(b)) 31st October 2014.

Description of children entitled to be provided with mandatory amount of early learning and childcare

2.—(1) A child is of a specified description if the child—

(a) has attained the starting point for 3 year olds; and

(b) does not fall within paragraph (6).

(2) A child is of a specified description if—

(a) the child has attained the starting point for 2 year olds but has not attained the starting point for 3 year olds; and

(b) the child’s parent is in receipt of one or more qualifying benefits on the day on which the child attains the starting point for 2 year olds.

(3) A child is of a specified description if—

(a) the child has attained the starting point for 2 year olds but has not attained the starting point for 3 year olds; and

(b) the child’s parent starts receiving one or more qualifying benefits after the starting point for 2 year olds.

(4) Where paragraph (3) of this article applies the child shall be of a specified description from the first day of the term of the school year commencing immediately after the child’s parent first receives one or more qualifying benefits.

(5) A child shall remain of a specified description by virtue of paragraphs (2) and (3) of this article notwithstanding that a child’s parent ceases to be in receipt of one or more qualifying benefits.

(6) A child falls within this paragraph where—

(a) the child’s birthday falls in the period beginning on 1st August and ending on 31st December; and

(b) the date of commencement of the school year in the year of the child’s fifth birthday has been reached.

Circumstances in which child does not (or is no longer to) fall within section 47(3) of the 2014 Act

3.—(1) For the purposes of section 47(4) of the 2014 Act (circumstances in which child does not (or is no longer to) fall within section 47(3) of the 2014 Act), the circumstances are that the child falls within paragraph (2).

(2) A child falls within this paragraph where—

(a) the child’s birthday falls in the period beginning on 1st August and ending on 31st December; and

(b) the date of commencement of the school year in the year of the child’s fifth birthday has been reached.

Revocation

4.  The Provision of School Education for Children Under School Age (Prescribed Children) (Scotland) Order 2002(8) and the Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Amendment Order 2007(9) are revoked.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th June 2014