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
In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).
(1)A local education authority shall secure that the provision (whether or not by them) of nursery education for children who—
(a)have not attained compulsory school age, but
(b)have attained such age as may be prescribed,
is sufficient for their area.
(2)In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a local education authority—
(a)may have regard to any facilities which they expect to be available outside their area for providing such education; and
(b)shall have regard to any guidance given from time to time by the Secretary of State.
(1)A local education authority shall review annually the sufficiency of childcare provision for their area.
(2)In carrying out a review for the purposes of subsection (1), a local education authority—
(a)may have regard to any facilities which they expect to be available outside their area for providing childcare; and
(b)shall have regard to any guidance given from time to time by the Secretary of State.
(3)A local education authority shall also establish and maintain a service providing information to the public relating to the provision of childcare and related services in their area.
(4)In relation to the function, form and content of a service established and maintained under subsection (3), a local education authority shall have regard to any guidance given from time to time by the Secretary of State.]
Textual Amendments
F1S. 118A inserted (1.10.2002 for E. and 31.3.2003 for W. ) by Education Act 2002 (c. 32), ss. 149(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
Textual Amendments
F2Words in cross-heading before s. 119 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
(1)Every local education authority shall establish for their area a body to be known as an early years development [F4and childcare] partnership (“the partnership”).
(2)In establishing the partnership and determining its constitution the authority shall have regard to any guidance given from time to time by the Secretary of State.
(3)The authority may establish a sub-committee of the partnership for any part of their area.
(4)The authority shall make arrangements—
(a)for the meetings and proceedings of the partnership and any such sub-committee, and
(b)for the partnership (and any such sub-committee) to be provided with accommodation and with such services as the authority consider appropriate.
(5)The functions of the partnership shall be to work with the authority—
(a)in reviewing the sufficiency of the provision of nursery education for the authority’s area for the purposes of section 118, F5. . .
[F6(ab)in reviewing the sufficiency of childcare provision for the authority’s area for the purposes of section 118A, [F7and]]
(b)[F7in preparing early years development [F8and childcare] plans under section 120.]
(6)The Secretary of State may by order confer on early years development [F9and childcare] partnerships such additional functions as are specified in the order.
Textual Amendments
F3Words in s. 119 sidenote inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F4Words in s. 119 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F5Word in s. 119(5)(a) repealed (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F6S. 119(5)(ab) inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. 2
F7S. 119(5)(b) and word repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)
F8Words in s. 119 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F9Words in s. 119 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
Textual Amendments
F10Words in cross-heading before s. 120 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
[F12(1)Every local education authority shall, in conjunction with the early years development [F13and childcare] partnership for their area—
(a)prepare an early years development [F14and childcare] plan for their area, and
(b)prepare further such plans at such intervals as may be determined by or in accordance with regulations.
(2)An early years development [F15and childcare] plan shall consist of—
(a)a statement F16. . . , which sets out the authority’s proposals for complying with their duty under section 118, F16. . .
[F17(b)a statement which sets out the authority’s proposals for providing or promoting the provision of childcare for their area, and
(c)background and supporting statements.]
[F18(3)The statement mentioned in subsection (2)(a) must deal with such matters, and relate to such period, as may be determined by or in accordance with regulations.
(4)n relation to the form and content of the statements mentioned in subsection (2)(b) and (c) the authority shall have regard to any guidance given from time to time by the Secretary of State.]]
Textual Amendments
F11Words in s. 120 sidenote inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F12S. 120 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)
F13Words in s. 120 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F14Words in s. 120 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F15Words in s. 120 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F16Words in s. 120(2)(a) repealed (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. II
F17S. 120(2)(b)(c) substituted for s. 120(2)(b) (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(2), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F18S. 120(3)(4) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(3), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
Modifications etc. (not altering text)
C2S. 120: functions not to be the sole responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3
[F19(1)Where an early years development [F20and childcare] plan has been prepared in accordance with section 120, the authority shall, by such date as may be determined by or in accordance with regulations, submit the plan to the Secretary of State for him to approve F21. . . under this section.
(2)The Secretary of State may in the case of any [F22plan] submitted to him under this section—
(a)approve the [F22plan] in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;
(b)require the authority to make such modifications to the [F22plan] as he may specify; or
(c)reject the [F22plan] .
(3)If the Secretary of State approves the [F23plan]—
(a)he shall notify the authority of his decision; and
(b)the authority shall implement the [F23plan] , so far as approved by the Secretary of State, as from such date as he may determine.
(4)If the Secretary of State requires the authority to make modifications or rejects the [F24plan]—
(a)he shall notify the authority of his decision and of his reasons for it; and
(b)the authority shall prepare a revised [F24plan] and submit it to the Secretary of State for his approval under this section by such date as he may determine.
(5)Once the Secretary of State has approved an authority’s [F25plan] under subsection (2), he shall keep under review the authority’s [F25plan] , as approved by him, and [F26its] implementation by the authority, and—
(a)where he is of the opinion that the [F27plan] should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the [F27plan] as he may specify; and
(b)where he is of the opinion that the authority’s [F28plan] is not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.
(6)If under subsection (5) the Secretary of State withdraws his approval of a [F29plan]—
(a)he shall notify the authority of his decision and of his reasons for it; and
(b)in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised [F30plan] and submit it to him for his approval under this section by such date as he may determine.
(7)Section 120 shall apply to the preparation of a revised [F31plan] under subsection (4)(b) or (6)(b), with such modifications (if any) as the Secretary of State may determine.
(8)At any time after the Secretary of State has approved an authority’s [F32plan] under subsection (2)—
(a)the authority may, with the agreement of the early years development [F33and childcare] partnership, submit modifications to the [F34plan] to the Secretary of State for his approval, and
(b)the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and
(c)if and to the extent that he approves those modifications, he shall notify the authority of his decision and—
(i)the [F35plan] shall have effect with the modifications, and
(ii)the authority shall implement their [F35plan] as modified,
as from such date as he may determine.
(9)Once the Secretary of State has approved—
(a)an authority’s [F36plan] under subsection (2), or
(b)the modification of an authority’s [F36plan] under subsection (8),
the authority shall publish their F37. . . plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary of that plan.]
Textual Amendments
F19S. 121 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)
F20Words in s. 121 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch); S.I. 2002/3185, art. 5, Sch. Pt. II
F21Words in s. 121(1) repealed (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(a), 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F22Words in s. 121(2) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(b), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F23Words in s. 121(3) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(c), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F24Words in s. 121(4) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(d), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F25Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F26Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(ii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F27Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(iii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F28Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(iii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F29Words in s. 121(6) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(f)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F30Words in s. 121(6)(b) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(f)(ii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F31Words in s. 121(7) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(g), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F32Words in s. 121(8) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(h)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F33Words in s. 121 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch); S.I. 2002/3185, art. 5, Sch. Pt. II
F34Words in s. 121(8)(a) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), (ss. {150(4)(h)(ii)}, 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F35Words in s. 121(8)(c) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(h)(iii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F36Words in s. 121(9) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
F37Words in s. 121(9) repealed (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(a), 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
(1)Schedule 26 (inspections, etc. of providers of nursery education) shall have effect.
F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any register of nursery education inspectors established by the Chief Inspector under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act.
(4)In subsection (3) “the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England or [F39Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru].
Textual Amendments
F38S. 122(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7
F39Words in s. 122(4) substituted (W.) (1.1.2001) by 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.
(1)It shall be the duty of—
(a)any local education authority or other person providing relevant nursery 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,
(except where a duty is already imposed by subsection (2) of section 313 of the M1Education Act 1996) to have regard to the provisions of the code of practice issued under that section (practical guidance in respect of the discharge of functions under Part IV of that Act).
(2)That code of practice may include practical guidance in respect of the provision of relevant nursery education for children with special educational needs in circumstances where functions under Part IV of the M2Education Act 1996 do not fall to be discharged.
(3)But unless that code of practice 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 Part IV of the M3Education 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.
[F40(3A)Subsection (3B) applies if—
(a)a local education authority or other person providing relevant nursery education for a child makes special educational provision for him because it is considered that he has special educational needs;
(b)no 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 local education 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.]
(4)In this section “relevant nursery education” means nursery education which is provided—
(a)by a local education 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).
Textual Amendments
F40S. 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
Marginal Citations
After section 509 of the M4Education Act 1996 there shall be inserted—
(1)A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—
(a)which are not a school or part of a school, but
(b)at which relevant nursery education is provided,
for the purpose of receiving such education there.
(2)The assistance which may be provided for a child under this section consists of either—
(a)making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or
(b)paying the whole or any part of his reasonable travel expenses.
(3)When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).
(4)Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—
(a)the child’s parent, or
(b)the person providing the relevant nursery education concerned,
agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.
(5)In this section “relevant nursery education” means nursery education which is provided—
(a)by a local education authority, or
(b)by any other person—
(i)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) of the School Standards and Framework Act 1998, or
(ii)who is in receipt of grants under section 1 of the M5Nursery Education and Grant-Maintained Schools Act 1996.”