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32.—(1) This regulation is subject to regulation 37 (12% early years discretionary cap).
(2) In determining—
(a)budget shares for nursery schools maintained by it;
(b)amounts to be allocated in respect of nursery classes in schools maintained by it;
(c)amounts to be allocated to relevant early years providers in its area; and
(d)amounts to be allocated in respect of community early years provision in schools maintained by it,
in respect of three and four year olds, a local authority must take into account in its formula one or more factors based on the incidence of social deprivation in pupils or children in its area.
(3) In determining—
(a)budget shares for nursery schools maintained by it;
(b)amounts to be allocated in respect of nursery classes in schools maintained by it;
(c)amounts to be allocated to relevant early years providers in its area; and
(d)amounts to be allocated in respect of community early years provision in schools maintained by it,
in respect of working parent under two year olds, working parent two year olds, and disadvantaged two year olds, a local authority may take into account in its formula one or more factors based on the incidence of social deprivation in pupils or children in its area.
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