[F1(1)It shall be the duty of—
(a)any authority or other person providing funded nursery education, and
(b)any person employed by such an authority or other person in the provision of such education,
[F2(except where a duty is already imposed under section 313(2) of the M1Education Act 1996 or section 123(1) of the School Standards and Framework Act 1998) to have regard to the provisions of the code of practice issued under section 313 (practical guidance in respect of the discharge of functions under Part IV of the Education Act 1996).]
(2)That code of practice may include practical guidance in respect of the provision of funded nursery education for children with special educational needs in circumstances where functions under [F3Part IV of the Education Act 1996] do not fall to be discharged.
(3)But unless that code of practice includes provision made by virtue of subsection (2)—
(a)the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under [F3Part IV of the Education Act 1996] do not fall to be discharged, and
(b)the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.
(4)In this section “funded nursery education” means nursery education in respect of which the Secretary of State is making (or is to make) grants under arrangements under section 1.]
Textual Amendments
F1Act repealed (1.4.2003 for E. and 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1
F2Words in s. 4(1) substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.56 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch.1
F3Words in s. 4(2)(3) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 131(3) (with ss. 1(4), 561, 562, Sch. 39).
Marginal Citations