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2.—(1) The prescribed early years provision for the purposes of section 7(1) of the 2006 Act (duty to secure early years provision free of charge) is early years provision that is provided by an early years provider, other than an excluded provider, to whom section 40 of the 2006 Act (duty to implement Early Years Foundation Stage) applies.
(2) In paragraph (1), an “excluded provider” is —
(a)an independent school (other than an Academy within the meaning of section 1A of the Academies Act 2010(1)) which does not meet the standards prescribed under section 157(1) of the Education Act 2002 in relation to the spiritual, moral, social and cultural development of pupils at the school; or
(b)an early years provider in relation to whom the local authority has reasonable grounds to believe—
(i)does not actively promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs; or
(ii)promotes as evidence-based views or theories which are contrary to established scientific or historical evidence and explanations.
2010 c.32. Section 1A was inserted by section 53(7) of the Education Act 2011 (c.21).
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