School Standards and Framework Act 1998

Early years development [F1 and childcare] plans E+W

Textual Amendments

F1 Words 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

120 Early years development [F2 and childcare] plans. E+W

[F3 (1) Every local education authority shall, in conjunction with the early years development [F4 and childcare] partnership for their area—

(a) prepare an early years development [F5 and 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 [F6 and childcare] plan shall consist of—

(a) a statement F7 . . . , which sets out the authority’s proposals for complying with their duty under section 118, F7 . . .

[F8 (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.]

[F9 (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

F2 Words 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

F3 S. 120 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)

F4 Words 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

F5 Words 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

F6 Words 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

F7 Words 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

F8 S. 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

F9 S. 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)

C1 S. 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

121 Approval, modification and review of statement of proposals. E+W

[F10 (1) Where an early years development [F11 and 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 F12 . . . under this section.

(2) The Secretary of State may in the case of any [F13 plan] submitted to him under this section—

(a) approve the [F13 plan] 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 [F13 plan] as he may specify; or

(c) reject the [F13 plan] .

(3) If the Secretary of State approves the [F14 plan]—

(a) he shall notify the authority of his decision; and

(b) the authority shall implement the [F14 plan] , 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 [F15 plan]—

(a) he shall notify the authority of his decision and of his reasons for it; and

(b) the authority shall prepare a revised [F15 plan] 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 [F16 plan] under subsection (2), he shall keep under review the authority’s [F16 plan] , as approved by him, and [F17 its] implementation by the authority, and—

(a) where he is of the opinion that the [F18 plan] should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the [F18 plan] as he may specify; and

(b) where he is of the opinion that the authority’s [F19 plan] 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 [F20 plan]—

(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 [F21 plan] 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 [F22 plan] 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 [F23 plan] under subsection (2)—

(a) the authority may, with the agreement of the early years development [F24 and childcare] partnership, submit modifications to the [F25 plan] 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 [F26 plan] shall have effect with the modifications, and

(ii) the authority shall implement their [F26 plan] as modified,

as from such date as he may determine.

(9) Once the Secretary of State has approved—

(a) an authority’s [F27 plan] under subsection (2), or

(b) the modification of an authority’s [F27 plan] under subsection (8),

the authority shall publish their F28 . . . 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

F10 S. 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)

F11 Words 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

F12 Words 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

F13 Words 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

F14 Words 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

F15 Words 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

F16 Words 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

F17 Words 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

F18 Words 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

F19 Words 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

F20 Words 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

F21 Words 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

F22 Words 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

F23 Words 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

F24 Words 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

F25 Words 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

F26 Words 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

F27 Words 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

F28 Words 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