C1 Part V Nursery education
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,
F81A
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 F11the 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.
F13A
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 F6local 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.
F54
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—
F14i
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); F15or
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);
F21b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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