Nursery Education and Grant-Maintained Schools Act 1996

1 Arrangements for making grants

(1) The Secretary of State may make arrangements for the making of grants in respect of nursery education.

(2) For the purposes of this Act “nursery education” is education provided for children (whether at schools or other premises)—

(a) before their first school term starting after they have attained the age of five years (or, if they do not attend school, before such broadly corresponding time as may be prescribed), but

(b) after such earlier time as may be prescribed (whether by reference to their having attained a particular age or any other circumstances).

(3) Grants may be made under arrangements under this section—

(a) to local education authorities in respect of nursery education provided at schools maintained by them, and

(b) to authorities and other persons of such descriptions as may be prescribed in respect of nursery education provided by them.

(4) The amount of a grant made under arrangements under this section shall be determined in such manner as may be prescribed; and regulations may, in particular, provide for the determination to be made by reference to an amount (or amounts) specified for the purpose by the Secretary of State.

(5) The times at which, and the manner in which, grants made under arrangements under this section are paid shall be such as may be determined by the arrangements.

(6) Nothing shall be taken to prevent, or to afford any right of appeal against, a refusal by any authority or person to provide (or continue to provide) a child with a place for nursery education at a maintained school if the reason for the refusal is that a relevant condition has not been complied with in relation to the child; and this subsection applies even if the child has been provided with, or offered, a place at the school before the commencement of this subsection.

In this subsection—

(a) “a maintained school” means a school maintained by a local education authority, a grant-maintained school or a grant-maintained special school, and

(b) “a relevant condition” means a prescribed condition designed to facilitate the determination of the amount of grants payable under arrangements under this section.

(7) This section does not affect any power of the Secretary of State to make grants in respect of nursery education under any other enactment.