Nursery Education and Grant-Maintained Schools Act 1996

4 Children with special educational needs

(1) It shall be the duty of—

(a) any authority or other person providing funded nursery education, and

(b) any person employed by such an authority or other person in the provision of such education,

(except where a duty is already imposed by subsection (2) of section 157 of the [1993 c. 35.] Education Act 1993) to have regard to the provisions of the code of practice issued under that section (practical guidance in respect of the discharge of functions under Part III of that Act).

(2) That code of practice may include practical guidance in respect of the provision of funded nursery education for children with special educational needs in circumstances where functions under Part III of the Education Act 1993 do not fall to be discharged.

(3) But unless that code of practice includes provision made by virtue of subsection (2)—

(a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part III of the Education Act 1993 do not fall to be discharged, and

(b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.

(4) In this section “funded nursery education” means nursery education in respect of which the Secretary of State is making (or is to make) grants under arrangements under section 1.