Modifications etc. (not altering text)
C1Pt. 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
(1)It shall be the duty of—
(a)any [F1local authority] or other person providing [F2relevant nursery education] [F2relevant early years education], and
(b)any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,
[F3to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) or section 313(2) of the Education Act 1996 (in the case of education in Wales).]
[F4(1A)Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.]
(2)[F5The code of practice in question] may include practical guidance in respect of the provision of [F6relevant nursery education] [F6relevant early years education] for children with special educational needs in circumstances where functions under [F7Part 3 of the Children and Families Act 2014 or (as the case may be)] Part IV of the M1Education Act 1996 do not fall to be discharged.
(3)But unless [F8the code of practice in question] 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 [F9Part 3 of the Children and Families Act 2014 or (as the case may be)] Part IV of the M2Education 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.
[F10(3A)Subsection (3B) applies if—
(a)a [F1local authority] or other person providing [F11relevant nursery education] [F11relevant early years education] for a child makes special educational provision for him because it is considered that he has special educational needs;
(b)no [F12EHC plan or] statement under section 324 of the Education Act 1996 is maintained for the child; and
(c)his parent has not previously been informed under subsection (3B) of the special educational provision made for him.
(3B)The [F1local authority] or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.]
[F13(4)In this section “relevant nursery education” means nursery education which is provided—
(a)by a [F1local authority], or
(b)by any other person who is 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).]
[F13(4)In this section “relevant early years education” means—
(a)in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is—
[F14(i)]provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); [F15or
(ii)provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);]
(b)in relation to Wales, nursery education which is provided—
(i)by a [F1local authority] in Wales, or
(ii)by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118.]
Textual Amendments
F1Words 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))
F2Words in s. 123(1)(a) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 34(a); S.I. 2008/2261, art. 2 (with Sch. 1)
F3Words in s. 123(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(2); S.I. 2014/889, art. 7(a)
F4S. 123(1A) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(3); S.I. 2014/889, art. 7(a)
F5Words in s. 123(2) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(4)(a); S.I. 2014/889, art. 7(a)
F6Words in s. 123(2) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 34(a); S.I. 2008/2261, art. 2 (with Sch. 1)
F7Words in s. 123(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(4)(b); S.I. 2014/889, art. 7(a)
F8Words in s. 123(3) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(5)(a); S.I. 2014/889, art. 7(a)
F9Words in s. 123(3) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(5)(b); S.I. 2014/889, art. 7(a)
F10S. 123(3A)(3B) inserted (1.1.2002 for E. and 1.4.2002 for W.) by 2001 c. 10, ss. 7(2), 43(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (which S.I. was amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
F11Words in s. 123(3A) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 34(a); S.I. 2008/2261, art. 2 (with Sch. 1)
F12Words in s. 123(3A)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 69(6); S.I. 2014/889, art. 7(a)
F13S. 123(4) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 34(b); S.I. 2008/2261, art. 2 (with Sch. 1)
F14Words in s. 123(4)(a) renumbered as s. 123(4)(a)(i) (E.) (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 41(a)
F15S. 123(4)(a)(ii) and word inserted (E.) (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 41(b)
Marginal Citations