Education Act 2005

9 (1) Paragraph 1 is amended as follows.

(2) In sub-paragraph (1)—

(a) before paragraph (a) insert—

“(za) nursery education provided in a maintained school or a maintained nursery school;”

(b) in paragraph (a), after “nursery education” insert “not falling within paragraph (za)”;

(c) for paragraph (b) substitute—

“(b) nursery education which is provided by any other person under arrangements made with that person by a local education authority 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.”

(3) In sub-paragraph (2), for the words from “to whom” onwards substitute “with whom a local education authority 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”.

(4) For sub-paragraph (3) substitute—

“(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 local education authority 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.”