SCHEDULES

SCHEDULE 26 Inspection of nursery education F11in Wales

Annotations:
Amendments (Textual)
F11

Words in Sch. 26 title inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(2); S.I. 2008/2261, art. 2 (with Sch. 1)

Introductory

1

1

In this Schedule “relevant nursery education” means—

F5za

nursery education provided in a maintained school F12in Wales or a maintained nursery school F12in Wales;

a

nursery education F6not falling within paragraph (za) which is provided by a F20local authorityF13in Wales;

F7b

nursery education which is provided by any other person who is (or is to be) 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); or

F7b

nursery education which is provided by any other person under arrangements made with that person by a F20local authorityF14in Wales in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In this Schedule “nursery education under consideration for funding” means nursery education provided by a person F8to whom a F20local authorityF15in Wales are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).F8with whom a F20local authorityF15in Wales are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.

F93

Where—

a

any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and

b

that education is provided by a person—

i

who proposes to provide nursery education at those premises, and

ii

to whom a F20local authorityF16in Wales are considering giving financial assistance in the event of his providing that nursery education, and

iii

whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),

this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.

F93

Where—

a

any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and

b

that education is provided by a person—

i

who proposes to provide nursery education at those premises for children who have attained the prescribed age, and

ii

with whom a F20local authorityF16in Wales are considering making arrangements of the kind mentioned in sub-paragraph (2),

the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.

2

F11

In this Schedule—

F17a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and

F18c

“the Chief Inspector” (without more) means the Chief Inspector for Wales.

2

In this Schedule references to registered F2Welsh nursery education inspectors are to persons registered under paragraph 8.

F33

In this Schedule “members of the Welsh Inspectorate” means—

a

the Chief Inspector for Wales,

b

Her Majesty's Inspectors of Education and Training in Wales, and

c

additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.

F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F195

In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.