Children (Scotland) Act 1995 (c. 36)

Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 1 Support for Children and Their Families

Provision of services

27 Day care for pre-school and other children

(1) Each local authority shall provide such day care for children in need within their area who—

(a) are aged five or under; and

(b) have not yet commenced attendance at a school,

as is appropriate; and they may provide such day care for children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) but are not in need.

(2) A local authority may provide facilities (including training, advice, guidance and counselling) for those—

(a) caring for children in day care; or

(b) who at any time accompany such children while they are in day care.

(3) Each local authority shall provide for children in need within their area who are in attendance at a school such care—

(a) outside school hours; or

(b) during school holidays,

as is appropriate; and they may provide such care for children within their area who are in such attendance but are not in need.

(4) In this section—

• “day care” means any form of care provided for children during the day, whether or not it is provided on a regular basis; and

• “school” has the meaning given by section 135(1) of the [1980 c. 44.] Education (Scotland) Act 1980.