(1)In relation to any maintained nursery school and any school year—
(a)the local education authority and the governing body shall exercise their functions with a view to securing, and
(b)the head teacher shall secure,
that the National Curriculum for England as subsisting at the beginning of that year (so far as it relates to the foundation stage) is implemented.
(2)In relation to any school year, any person providing funded nursery education under the arrangements mentioned in section 77(2)(b) shall secure that the National Curriculum for England as subsisting at the beginning of that year is implemented (so far as it relates to the foundation stage) in respect of the pupils for whom the funded nursery education is provided.
(3)The local education authority with whom the arrangements mentioned in section 77(2)(b) are made and the early years development and childcare partnership for the area of the authority shall exercise their respective functions with a view to securing that any person (other than the governing body of a maintained school or maintained nursery school) who provides funded nursery education complies with the obligation imposed by subsection (2).