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The Education (Nursery Education and Early Years Development and Childcare Plans) (Wales) Regulations 2003

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Duty to secure nursery education

4.—(1) For the purposes of section 118(1)(b) of the Act (age of children in relation to whom the authority’s duty to secure sufficient provision of nursery education for their area applies) there is prescribed —

(a)in the case of a child whose fourth birthday does not fall within one of the periods specified in paragraph (2) below, the age of the child at the start of the first term starting after the child’s fourth birthday; or

(b)in the case of a child whose fourth birthday falls within one of the periods specified in paragraph (2) below, the age of the child at the start of the term following the term referred to in that paragraph.

(2) The periods referred to in paragraph (1) above are, in any year —

(a)the period commencing 1st April and ending with the start of the Summer term of that year;

(b)the period commencing 1st September and ending with the start of the Autumn term of that year; and

(c)the period commencing 1st January and ending with the start of the Spring term of that year.

(3) For the purposes of paragraphs (1) and (2) of this regulation, “term” means the term kept in relation to the education provided, or to be provided, or under consideration, for the child and, in any year, Spring term, Summer term and Autumn term mean, respectively, the term which starts in January, in April and in September.

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