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Children (Scotland) Act 1995

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  • Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)

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27 Day care for pre-school and other children.S

(1)Each local authority shall provide such day care for children in need within their area who—

(a)are aged five or under; and

(b)have not yet commenced attendance at a school,

as is appropriate; and they may provide such day care for children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) but are not in need.

[F1(1A)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children in need within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above about how they should provide day care for such children in pursuance of that subsection; and

(b)after having had regard to the views expressed, prepare and publish their plans for how they intend to provide day care for such children in pursuance of that subsection.

(1B)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above but are not in need about whether and if so how they should provide day care for such children under that subsection; and

(b)after having had regard to the views expressed, prepare and publish their plans in relation to the provision of day care for such children under that subsection.]

(2)A local authority may provide facilities (including training, advice, guidance and counselling) for those—

(a)caring for children in day care; or

(b)who at any time accompany such children while they are in day care.

(3)Each local authority shall provide for children in need within their area who are in attendance at a school such care—

(a)outside school hours; or

(b)during school holidays,

as is appropriate; and they may provide such care for children within their area who are in such attendance but are not in need.

[F2(3A)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children in need within their area who are in attendance at a school about how they should provide appropriate care for such children in pursuance of subsection (3) above; and

(b)after having had regard to the views expressed, prepare and publish their plans for how they intend to provide appropriate care for such children in pursuance of that subsection.

(3B)A local authority must, at least once every two years—

(a)consult such persons as appear to be representative of parents of children within their area who are in attendance at a school but are not in need about whether and if so how they should provide appropriate care for such children under subsection (3) above; and

(b)after having had regard to the views expressed, prepare and publish plans in relation to the provision of appropriate care for such children in their area under that subsection.

(3C)The Scottish Ministers may by order modify subsection (1A), (1B), (3A) or (3B) above so as to vary the regularity within which a local authority must consult and plan in pursuance of that subsection.

(3D)An order made under subsection (3C) above is subject to the negative procedure.]

(4)In this section—

  • day care” means any form of care provided for children during the day, whether or not it is provided on a regular basis; and

  • school” has the meaning given by section 135(1) of the M1Education (Scotland) Act 1980.

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