Part V

Nursery education

General duty of local authority

Duty of local authority as respects availability of nursery education.
118
1
A local authority in Wales shall secure that the provision (whether or not by them) of nursery education for children who—
a
have not attained compulsory school age, but
b
have attained such age as may be prescribed,
is sufficient for their area.
2
In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a local authority—
a
may have regard to any facilities which they expect to be available outside their area for providing such education; and
b
shall have regard to any guidance given from time to time by the National Assembly for Wales.
Pt. 5: Power to apply (with modifications) conferred (19.12.2002) by Education Act 2002 (c. 32), ss. 193(5), 216, (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1
Words in s. 118(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 30(a); S.I. 2008/2261, art. 2 (with Sch. 1)
Words in s. 118(2)(b) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 30(b); S.I. 2008/2261, art. 2 (with Sch. 1)
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))