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42In section 176 of the Education Act 2002 (consultation with pupils) in subsection (3) for the definition of “pupil” substitute—
““pupil” does not include a child who is being provided with early years education (whether at a school or elsewhere) and, for this purpose, “early years education” means—
(a)in relation to England, early years provision as defined by section 20 of the Childcare Act 2006, and
(b)in relation to Wales, nursery education.”
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