School Standards and Framework Act 1998

1 (1) In this Schedule “relevant nursery education” means— E+W

[F1 (za) nursery education provided in a maintained school [F2 in Wales] or a maintained nursery school [F2 in Wales];]

(a) nursery education [F3 not falling within paragraph (za)] which is provided by a [F4 local authority] [F5 in Wales];

[F6 (b) 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]

[F6 (b) nursery education which is provided by any other person under arrangements made with that person by a [F4 local authority] [F7 in 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.]

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Schedule “nursery education under consideration for funding” means nursery education provided by a person [F9 to whom a [F4 local authority] [F10 in 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).] [F9 with whom a [F4 local authority] [F10 in 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.]

[F11 (3) 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 [F4 local authority] [F12 in 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. ]

[F11 (3) 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 [F4 local authority] [F12 in 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.]

Textual Amendments

F1 Sch. 26 para. 1(1)(za) inserted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(2)(a) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1

F2 Words in Sch. 26 para. 1(1)(za) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(3)(a); S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in Sch. 26 para. 1(1)(a) inserted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(2)(b) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F5 Words in Sch. 26 para. 1(1)(a) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(3)(b); S.I. 2008/2261, art. 2 (with Sch. 1)

F6 Sch. 26 para. 1(1)(b) substituted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(2)(c) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1

F7 Words in Sch. 26 para. 1(1)(b) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(3)(c); S.I. 2008/2261, art. 2 (with Sch. 1)

F8 Sch. 26 para. 1(1)(c) repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F9 Words in Sch. 26 para. 1(2) substituted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(3) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1

F10 Words in Sch. 26 para. 1(2) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(4); S.I. 2008/2261, art. 2 (with Sch. 1)

F11 Sch. 26 para. 1(3) substituted (1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 9(4) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1

F12 Words in Sch. 26 para. 1(3)(b)(ii) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(5); S.I. 2008/2261, art. 2 (with Sch. 1)