Children and Young People (Scotland) Act 2014

47 Duty to secure provision of early learning and childcare

(1) An education authority must, in pursuance of its duty under section 1(1) of the 1980 Act, secure that the mandatory amount of early learning and childcare is made available for each eligible pre-school child belonging to its area.

(2) An “eligible pre-school child” is a child who—

(a) is under school age,

(b) has not commenced attendance at a primary school (other than at a nursery class in such a school), and

(c) either—

(i) falls within subsection (3), or

(ii) is within such age range, or is of such other description, as the Scottish Ministers may by order specify.

(3) Subject to subsection (4), a child falls within this subsection if the child is aged 2 or over and is or has been at any time since the child’s second birthday—

(a) looked after by the authority concerned or by any other local authority, or

(b) the subject of a kinship care order or a child falling within section 71(3)(f).

(4) The Scottish Ministers may by order provide that a child aged 4 or over does not (or is no longer to) fall within subsection (3) in such circumstances as may be specified in the order.

(5) An order made under subsection (2)(c)(ii) may provide that a child is to be an eligible pre-school child only if the education authority concerned is satisfied as to any matter relating to the child which is specified in the order.

(6) In subsection (3)(b), “kinship care order” has the meaning given by section 72(1).