Part 9Childcare and nursery education
Nursery education
153 Powers of F1local authority in respect of funded nursery education
(1)
This section applies where a F1local authority F2 in Wales, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of F1local authority as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.
(2)
The F1local authority—
(a)
must, in making the arrangements, have regard to any guidance given from time to time by F3... the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and
(b)
must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.
(3)
Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the F1local authority under the arrangements.
(4)
In this section—
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).