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2(1)Section 23 of the Education Act 1997 (functions of Qualifications and Curriculum Authority) is amended as follows.
(2)In subsection (1), omit paragraph (c) and the word “and” immediately preceding it.
(3)After subsection (2) insert—
“(2ZA)If the Secretary of State so provides by order, the Qualifications and Curriculum Authority shall also have—
(a)such additional functions as may be specified in the order with respect to pupils falling within subsection (1)(a) or (b) who are young children, and
(b)such functions as may be specified in the order with respect to children not falling within subsection (1)(a) or (b) for whom early years provision is provided in England by early years providers to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies.
(2ZB)Before making an order under subsection (2ZA), the Secretary of State shall consult the Qualifications and Curriculum Authority.”
(4)Omit subsection (2A).
(5)In subsection (5)—
(a)for the definition of “funded nursery education” and the “and” immediately following it substitute—
““early years provider” and “early years provision” have the same meaning as in Part 3 of the Childcare Act 2006;”, and
(b)at the end insert—
““young children” has the same meaning as in Part 3 of the Childcare Act 2006.”
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