Part 9Childcare and nursery education
Childcare
I1I7149 Duties of LEA in respect of childcare
1
F3After section 118 of the School Standards and Framework Act 1998 (c. 31) there is inserted—
118ADuties of LEA in respect of childcare
1
A local education 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 local education 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 local education 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 local education authority shall have regard to any guidance given from time to time by the Secretary of State
2
Section 19(1) and (2) of the Children Act 1989 (c. 41) (duty of local authorities in England and Wales to conduct periodic reviews of child care) shall cease to have effect.
I2I8150 Early years development and childcare partnerships and plans
1
In section 119(5) of the School Standards and Framework Act 1998 (c. 31) (functions of early years development partnerships), after paragraph (a) there is inserted—
ab
in reviewing the sufficiency of childcare provision for the authority’s area for the purposes of section 118A, and
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5
Early years development partnerships are renamed “early years development and childcare partnerships” F2...; accordingly in Part 5 of that Act after “early years development”
(in each place it occurs) there is inserted “
and childcare
”
.
I3151 Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales
1
The Secretary of State may by order confer on F4Her Majesty's Chief Inspector of Education, Children's Services and Skills such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty’s Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit.
2
The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by F5Her Majesty's Chief Inspector of Education, Children's Services and Skills.
I4152 Regulation of child minding and day care
Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.
Nursery education
I9153 Powers of LEA in respect of funded nursery education
1
This section applies where a local education authority, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of LEA as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.
2
The local education authority—
a
must, in making the arrangements, have regard to any guidance given from time to time by the Secretary of State, or (as respects local education authorities in Wales) the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and
b
must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.
3
Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local education authority under the arrangements.
4
In this section—
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“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).
I11154 Establishment or alteration of maintained nursery schools
I101
Section 28 of the School Standards and Framework Act 1998 (c. 31) (procedure on proposals to establish, alter or discontinue schools) is amended as follows.
I102
In subsection (1) (local education authority to publish proposals to establish or alter certain schools), after paragraph (a) there is inserted—
aa
to establish a new maintained nursery school, or
I143
In that subsection, after paragraph (c) there is inserted
or
d
in the case of a local education authority in Wales, to make any prescribed alteration to a maintained nursery school
I5I13155 Inspection of nursery education
Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.
I6I12156 Meaning of “nursery school” and “primary education”
1
In section 6(1) of the Education Act 1996 (c. 56)
(meaning of “nursery
school”), after “used” there is inserted “
wholly or
”
.
2
For section 2(1) of that Act there is substituted—
1
In this Act “primary education” means—
a
full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;
b
full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and
c
full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).