School Standards and Framework Act 1998

118 Duty of [F1 local authority] as respects availability of nursery education. E+W

(1) A [F1 local authority] [F2 in Wales] shall secure that the provision (whether or not by them) of nursery education for children who—

(a) have not attained compulsory school age, but

(b) have attained such age as may be prescribed,

is sufficient for their area.

(2) In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a [F1 local authority]—

(a) may have regard to any facilities which they expect to be available outside their area for providing such education; and

(b) shall have regard to any guidance given from time to time by [F3 the National Assembly for Wales].

Textual Amendments

F1 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))

F2 Words in s. 118(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 30(a); S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in s. 118(2)(b) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 30(b); S.I. 2008/2261, art. 2 (with Sch. 1)

Modifications etc. (not altering text)

C1 S. 118: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

C2 S. 118 restricted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 16 para. 3(3)(a) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))