Citation, commencement, interpretation and application1

1

This Order may be cited as the Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014 and shall come into force—

a

for all purposes (other than article 2(2) to (5)), on 1st August 2014; and

b

for the purposes of article 2(2) to (5), on 31st October 2014.

2

In this Order—

  • “parent” has the meaning given in section 135(1) of the 1980 Act2;

  • “qualifying benefit” means—

    1. a

      income support under the Social Security Contributions and Benefits Act 19923;

    2. b

      an income-based jobseeker’s allowance (payable under the Jobseekers Act 19954);

    3. c

      income-related employment and support allowance under Part 1 of the Welfare Reform Act 20075;

    4. d

      incapacity benefit under Part II of the Social Security Contributions and Benefits Act 19926;

    5. e

      severe disablement allowance under the Social Security Contributions and Benefits Act 19927;

    6. f

      state pension credit payable under the State Pension Credit Act 20028;

  • “school year” means a period of 12 months commencing on 1st August of any year;

  • “specified description” means specified description for the purposes of section 47(2)(c)(ii) of the 2014 Act (power to specify a description of children under school age and who have not commenced attendance at primary school (other than at a nursery class in such a school) who are entitled to be provided with early learning and childcare);

  • “starting point for 3 year olds”, in relation to a child, means—

    1. a

      where a child’s third birthday falls in the period beginning 1st March and ending on 31st August, the first day of the autumn term occurring in that year;

    2. b

      where a child’s third birthday falls in the period beginning 1st September and ending on 31st December, the first day of the spring term immediately following that birthday; and

    3. c

      where a child’s third birthday falls in the period beginning 1st January and ending on the last day of February, the first day of the summer term immediately following that birthday;

  • “starting point for 2 year olds”, in relation to a child, means—

    1. a

      subject to paragraph (5), where a child’s second birthday falls in the period beginning 1st March and ending on 31st August, the first day of the autumn term occurring in that year;

    2. b

      where a child’s second birthday falls in the period beginning 1st September and ending on 31st December, the first day of the spring term immediately following that birthday; and

    3. c

      where a child’s second birthday falls in the period beginning 1st January and ending on the last day of February, the first day of the summer term immediately following that birthday;

  • “the 2014 Act” means the Children and Young People (Scotland) Act 2014.

3

For the purposes of this Order the terms of a school year shall be taken to commence during the following periods—

  • as respects the autumn term, the period beginning 1st August and ending on 31st December;

  • as respects the spring term, the period beginning 1st January and ending on the last day of February; and

  • as respects the summer term, the period beginning 1st March and ending on 31st July.

4

Article 2(2) and (3) of this Order apply to a child where their second birthday falls on or after 1st March 2014.

5

Where a child’s second birthday falls in the period beginning 1st March 2014 and ending on 31st August 2014, the starting point for 2 year olds in relation to that child means (other than for the purposes of article 2(2)(b) and (3)(b)) 31st October 2014.