C1 Part V Nursery education
Nursery education
117 Definition of “nursery education”.
In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).
General duty of F31local authority
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
118 Duty of F31local authority as respects availability of nursery education.
1
A F31local authorityF24in Wales shall secure that the provision (whether or not by them) of nursery education for children who—
a
have not attained compulsory school age, but
b
have attained such age as may be prescribed,
is sufficient for their area.
2
In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a F31local authority—
a
may have regard to any facilities which they expect to be available outside their area for providing such education; and
b
shall have regard to any guidance given from time to time by F25the National Assembly for Wales.
118AF1 Duties of F31local authority in respect of childcare
F171
A F31local authority shall review annually the sufficiency of childcare provision for their area.
2
In carrying out a review for the purposes of subsection (1), a F31local authority—
a
may have regard to any facilities which they expect to be available outside their area for providing childcare; and
b
shall have regard to any guidance given from time to time by the Secretary of State.
3
A F31local authority shall also establish and maintain a service providing information to the public relating to the provision of childcare and related services in their area.
4
In relation to the function, form and content of a service established and maintained under subsection (3), a F31local authority shall have regard to any guidance given from time to time by the Secretary of State.
Early years development F6and childcare partnerships
Words in cross-heading before s. 119 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
119 Early years development F2and childcare partnerships.
1
2
In establishing the partnership and determining its constitution the authority shall have regard to any guidance given from time to time by F19the Assembly.
3
The authority may establish a sub-committee of the partnership for any part of their area.
4
The authority shall make arrangements—
a
for the meetings and proceedings of the partnership and any such sub-committee, and
b
for the partnership (and any such sub-committee) to be provided with accommodation and with such services as the authority consider appropriate.
5
The functions of the partnership shall be to work with the authority—
a
in reviewing the sufficiency of the provision of nursery education for the authority’s area for the purposes of section 118, F4. . .
F21ab
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Early years development F8and childcare plans
Words in cross-heading before s. 120 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F15120 Early years development F7and childcare plans.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16121 Approval, modification and review of statement of proposals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection of nursery education
122Inspection of nursery education F23in Wales.
1
Schedule 26 (inspections, etc. of providers of nursery education F26in Wales) shall have effect.
F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any register of nursery education inspectors established by F12the Chief Inspector for Wales under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act.
4
Further provisions relating to nursery education
123 Children with special educational needs.
1
It shall be the duty of—
a
b
any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,
F331A
Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.
2
3
But unless F36the code of practice in question includes provision made by virtue of subsection (2)—
a
b
the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.
F103A
Subsection (3B) applies if—
a
c
his parent has not previously been informed under subsection (3B) of the special educational provision made for him.
3B
The F31local authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.
F304
In this section “relevant early years education” means—
a
in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is—
F39i
provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); F40or
ii
provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);
F46b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124 Travel arrangements for children receiving nursery education otherwise than at school.
After section 509 of the M1Education Act 1996 there shall be inserted—
509A Travel arrangements for children receiving nursery education otherwise than at school.
1
A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—
a
which are not a school or part of a school, but
b
at which relevant nursery education is provided,
for the purpose of receiving such education there.
2
The assistance which may be provided for a child under this section consists of either—
a
making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or
b
paying the whole or any part of his reasonable travel expenses.
3
When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).
4
Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—
a
the child’s parent, or
b
the person providing the relevant nursery education concerned,
agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.
5
In this section “relevant nursery education” means nursery education which is provided—
a
by a local education authority, or
b
by any other person—
i
who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or
ii
who is in receipt of grants under section 1 of the M2Nursery Education and Grant-Maintained Schools Act 1996.
Pt. 5: Power to apply (with modifications) conferred (19.12.2002) by Education Act 2002 (c. 32), ss. 193(5), 216, (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1