SCHEDULES
SCHEDULE 26 Inspection of nursery education
Introductory
1
1
In this Schedule “relevant nursery education” means—
F7za
nursery education provided in a maintained school or a maintained nursery school;
a
nursery education F8not falling within paragraph (za) which is provided by a local education authority;
F9b
nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or
F9b
nursery education which is provided by any other person under arrangements made with that person by a local education authority in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.
2
In this Schedule “nursery education under consideration for funding” means nursery education provided by a person F10to whom a local education authority are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).F10with whom a local education authority are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.
F113
Where—
a
any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and
b
that education is provided by a person—
i
who proposes to provide nursery education at those premises, and
ii
to whom a local education authority are considering giving financial assistance in the event of his providing that nursery education, and
iii
whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),
this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.
F113
Where—
a
any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and
b
that education is provided by a person—
i
who proposes to provide nursery education at those premises for children who have attained the prescribed age, and
ii
with whom a local education authority are considering making arrangements of the kind mentioned in sub-paragraph (2),
the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.
2
F21
In this Schedule—
a
“the Chief Inspector for England” means F12Her Majesty's Chief Inspector of Education, Children's Services and Skills,
b
“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and
c
“the Chief Inspector” (without more) means—
i
as respects nursery education provided in England, the Chief Inspector for England, and
ii
as respects nursery education provided in Wales, the Chief Inspector for Wales.
2
In this Schedule references to registered F3Welsh nursery education inspectors are to persons registered under paragraph 8.
F43
In this Schedule “members of the Welsh Inspectorate” means—
a
the Chief Inspector for Wales,
b
Her Majesty's Inspectors of Education and Training in Wales, and
c
additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.
F54
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F65
In this Schedule “well-being”—
a
in relation to children for whom nursery education is provided in England, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004, and
b
in relation to children for whom such education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of that Act.