1(1)In this Schedule “relevant nursery education” means—E+W
[F1(za)nursery education provided in a maintained school or a maintained nursery school;]
(a)nursery education [F2not falling within paragraph (za)] which is provided by a local education authority;
[F3(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]
[F3(b)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.]
[F4(c)nursery 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 [F5to 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).] [F5with 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.]
[F6(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. ]
[F6(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) (“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.]
Textual Amendments
F1Sch. 26 para. 1(1)(za) inserted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(2)(a) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1
F2Words in Sch. 26 para. 1(1)(a) inserted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(2)(b) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1
F3Sch. 26 para. 1(1)(b) substituted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(2)(c) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1
F4Sch. 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
F5Words in Sch. 26 para. 1(2) substituted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(3) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1
F6Sch. 26 para. 1(3) substituted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(4) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1
Marginal Citations
2[F7(1)In this Schedule—E+W
(a)“the Chief Inspector for England” means [F8Her 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 [F9Welsh] nursery education inspectors are to persons registered under paragraph 8.
[F10(3)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.]
F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(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
F7Sch. 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
F8Words in Sch. 26 para. 2(1)(a) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 35(2); S.I. 2007/935, art. 5(gg)
F9Word 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
F10Sch. 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
F11Sch. 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
F12Sch. 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