C1Part V Nursery education

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5: Power to apply (with modifications) conferred (19.12.2002) by Education Act 2002 (c. 32), ss. 193(5), 216, (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

Early years development F19and childcare plans

Annotations:
Amendments (Textual)
F19

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

121 Approval, modification and review of statement of proposals.

1

Where an early years development F1and 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 F2. . . under this section.

2

The Secretary of State may in the case of any F3plan submitted to him under this section—

a

approve the F3plan 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 F3plan as he may specify; or

c

reject the F3plan .

3

If the Secretary of State approves the F4plan—

a

he shall notify the authority of his decision; and

b

the authority shall implement the F4plan , 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 F5plan—

a

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

b

the authority shall prepare a revised F5plan 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 F6plan under subsection (2), he shall keep under review the authority’s F6plan , as approved by him, and F7its implementation by the authority, and—

a

where he is of the opinion that the F8plan should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the F8plan as he may specify; and

b

where he is of the opinion that the authority’s F9plan 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 F10plan—

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 F11plan 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 F12plan 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 F13plan under subsection (2)—

a

the authority may, with the agreement of the early years development F14and childcare partnership, submit modifications to the F15plan 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 F16plan shall have effect with the modifications, and

ii

the authority shall implement their F16plan as modified,

as from such date as he may determine.

9

Once the Secretary of State has approved—

a

an authority’s F17plan under subsection (2), or

b

the modification of an authority’s F17plan under subsection (8),

the authority shall publish their F18. . . 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.