Textual Amendments
F1Sch. 26 para. 8(4)-(5B) substituted (2.9.2002 for E., 1.9.2004 for W.) for Sch. 26 para. 8(4)(5) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 2(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
1(1)In this Schedule “relevant nursery education” means—E+W
(a)nursery education which is provided by a local education authority;
(b)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
(c)[F2nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the M1Nursery Education and Grant-Maintained Schools Act 1996.]
(2)In this Schedule “nursery education under consideration for funding” means nursery education provided by a person to 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).
(3)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.
Textual Amendments
F2Sch. 26 para. 1(1)(c) repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
Marginal Citations
2(1)[F3In this Schedule “the Chief Inspector” means—E+W
(a)as respects nursery education provided in England, Her Majesty’s Chief Inspector of Schools in England, and
(b)as respects nursery education provided in Wales, [F4Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru].]
[F3In this Schedule—
(a)“the Chief Inspector for England” means Her Majesty's Chief Inspector of Schools in England,
(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 [F5Welsh] nursery education inspectors are to persons registered under paragraph 8.
(3)[F6In this Schedule “members of the Inspectorate” means—
(a)the Chief Inspector,
(b)Her Majesty’s Inspectors, and
(c)additional inspectors with whom the Chief Inspector has made arrangements to give him assistance under paragraph 2 of Schedule 1 to the M2School Inspections Act 1996.]
[F6In 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.]
(4)[F7In sub-paragraph (3)(b) “Her Majesty’s Inspectors” means—
(a)as respects nursery education provided in England, Her Majesty’s Inspectors of Schools in England, and
(b)as respects nursery education provided in Wales, [F8Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru].]
[F9(5)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.]
Textual Amendments
F3Sch. 26 para. 2(1) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(2) (with s. 119); S.I. 2005/2034, art. 6
F4Words in Sch. 26 para. 2(1)(b) substituted (W.) (1.1.2001) by 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.
F5Word in Sch. 26 para. 2(2) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(3) (with s. 119); S.I. 2005/2034, art. 6
F6Sch. 26 para. 2(3) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(4) (with s. 119); S.I. 2005/2034, art. 6
F7Sch. 26 para. 2(4) repealed (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(5), Sch. 19 Pt. 1 (with s. 119); S.I. 2005/2034, art. 6
F8Words in Sch. 26 para. 2(4)(b) substituted (W.) (1.1.2001) by 2000 c. 21, s. 73(3)(b); S.I. 2000/3230, art. 2, Sch.
F9Sch. 26 para. 2(5) inserted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(6) (with s. 119); S.I. 2005/2034, art. 6
Marginal Citations