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4.—(1) Despite the coming into force of section 154(1) and (2) of the 2002 Act, where a local education authority in England has before 1st June 2003 taken a decision to establish a new maintained nursery school, section 28(1)(aa) of the 1998 Act shall not apply to the proposal.
(2) An authority’s decision to establish a maintained nursery school shall only be treated as such if it conforms with its arrangements for the discharge of its functions in accordance with its executive arrangements as defined by section 10(1) of the Local Government Act 2000(1).
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