Part IX Ancillary functions

Chapter III Ancillary functions of governing bodies

Provision of services

535 Provision of teaching services for day nurseries.

1

Subject to subsection (2), the governing body of F1a community, foundation or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery F3 in England or Wales or to a registered early years provider in England the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

2

No arrangements shall be made under subsection (1) except at the request of the F4local authority and on terms approved by them.

3

Arrangements under this section may make provision—

a

for the supply of equipment for use in connection with the teaching services made available under the arrangements,

b

for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery F8 or (as the case may be) the registered early years provider , and

c

for any supplementary or incidental matters connected with the arrangements, F5including—

i

in relation to England, any charges to be imposed in connection with the arrangements, and

ii

in relation to Wales, where the teacher's school and the day nursery are in the areas of different F7local authorities , financial adjustments between those authorities.

F24

In this section—

  • “day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) F6or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children);

  • “registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

5

A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.