Childcare Act 2006

School Standards and Framework Act 1998 (c. 31)E+W

30E+WIn section 118 of the School Standards and Framework Act 1998 (duty of LEA as respects availability of nursery education)—

(a)in subsection (1) after “a local education authority” insert “ in Wales ”, and

(b)in subsection (2)(b) for “the Secretary of State” substitute “ the National Assembly for Wales ”.

31E+WSection 118A of the School Standards and Framework Act 1998 (duties of LEA in respect of childcare) is omitted.

32(1)Section 119 of the School Standards and Framework Act 1998 (early years development and childcare partnerships) is amended as follows.E+W

(2)In subsection (1), after “local education authority” insert “ in Wales ”.

(3)In subsection (2), for “the Secretary of State” substitute “ the Assembly ”.

(4)In subsection (5), omit paragraph (ab).

(5)In subsection (6), for “The Secretary of State” substitute “ The Assembly ”.

33(1)Section 122 of the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.E+W

(2)In the heading, after “nursery education” insert “ in Wales ”.

(3)In subsection (1), after “nursery education” insert “ in Wales ”.

34E+WIn section 123 of the School Standards and Framework Act 1998 (children with special educational needs)—

(a)in subsections (1)(a), (2) and (3A) for “relevant nursery education” substitute “ relevant early years education ”, and

(b)for subsection (4) substitute—

“(4)In this section “relevant early years education” means—

(a)in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision);

(b)in relation to Wales, nursery education which is provided—

(i)by a local education authority in Wales, or

(ii)by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118.”

35E+WIn section 142 of the School Standards and Framework Act 1998 (general interpretation) for subsection (5) substitute—

“(5)For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—

(a)in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and

(b)in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.”

36(1)Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.E+W

(2)In the title of the Schedule after “nursery education” insert “ in Wales ”.

(3)In paragraph 1(1)—

(a)in paragraph (za) after “school” (in each place where it occurs) insert “ in Wales ”;

(b)in paragraph (a) after “local education authority” insert “ in Wales ”;

(c)in paragraph (b) after “local education authority” insert “ in Wales ”.

(4)In paragraph 1(2) after “local education authority” insert “ in Wales ”.

(5)In paragraph 1(3)(b)(ii) after “local education authority” insert “ in Wales ”.

(6)In paragraph 2(1)—

(a)omit paragraph (a), and

(b)for paragraph (c) substitute—

“(c)“the Chief Inspector” (without more) means the Chief Inspector for Wales.”

(7)For paragraph 2(5) substitute—

“(5)In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.”

(8)In paragraph 3 for “the Secretary of State” substitute “ the Assembly ”.

(9)In paragraph 4—

(a)for “the Secretary of State” (in both places where it occurs) substitute “ the Assembly ”, and

(b)for “the Secretary of State's” substitute “ the Assembly's ”.

(10)In paragraph 5 for “the Secretary of State” substitute “ the Assembly ”.

(11)Omit the following—

(a)paragraph 6A,

(b)in the cross-heading before paragraph 7, the words “6A or”,

(c)in paragraph 7, the words “6A or”,

(d)paragraph 13A,

(e)paragraph 14(1),

(f)in paragraph 16, the words “6A or”, and

(g)in paragraph 18, sub-paragraphs (1)(a) and (4)(a).