Citation, commencement, extent and interpretation

1.-(1) These Regulations may be cited as the Education (Nursery Education and Early Years Development) (England) Regulations 1999 and shall come into force on 1st June 1999.

(2) These Regulations apply in relation to nursery education in England.

(3) In these Regulations-�

"the Act" means the School Standards and Framework Act 1998;

"nursery education" means full-time or part-time education suitable for children who have not attained compulsory school age;

"the partnership" means, in relation to a local education authority, the early years development partnership established by that authority in accordance with section 119 of the Act;

"statement of proposals" means, in relation to a local education authority, that authority's proposals for complying with their duty under section 118 of the Act to secure that the provision (whether or not by them) of nursery education for children who have not attained compulsory school age, but who have attained the age prescribed by regulation 2, is sufficient for their area.

Nursery education

2.-(1) For the purposes of section 118(1)(b) of the Act (age of children who have not attained compulsory school age in relation to whom the local education authority's duty to secure sufficient provision of nursery education applies) there is hereby prescribed-�

(a)in the case of a child whose fourth birthday does not fall within one of the periods specified in paragraph (2) below, the age of the child at the start of the first term after his fourth birthday; or

(b)in the case of a child whose fourth birthday falls within one of the periods specified in paragraph (2) below, the age of the child at the start of the term following the term referred to in that paragraph.

(2) The periods referred to in paragraph (1)(b) above are, in any year-�

(a)the period commencing on 1st April and ending with the start of the Summer term of that year;

(b)the period commencing on 1st September and ending with the start of the Autumn term of that year;

(c)the period commencing on 1st January and ending with the start of the Spring term of that year.

(3) For the purposes of paragraphs (1) and (2) above, "term" means the term kept in relation to the education provided, or to be provided, or under consideration, for the child, as the case may be, and, in any year, Spring term, Summer term and Autumn term mean, respectively, the term which starts in January, in April and in September.

Early years development plans

3.-(1) For the purposes of section 120(1)(b) of the Act further early years development plans shall be prepared at intervals of one year.

(2) For the purposes of section 120(3) of the Act-�

(a)the period to which the statement of proposals contained in the first early years development plan shall relate is the three year period commencing on 1st April 2000;

(b)the period to which the statement of proposals contained in a subsequent early years development plan shall relate is the three year period commencing on 1st April in the year in which that early years development plan is submitted to the Secretary of State for approval in accordance with section 121(1) of the Act;

(c)every statement of proposals shall deal with the matters set out in the Schedule to these Regulations.

4.-(1) The date by which the first early years development plan must be submitted to the Secretary of State in accordance with section 121(1) of the Act is 1st February 2000.

(2) The date by which each subsequent early years development plan must be submitted to the Secretary of State in accordance with that subsection is 1st February in each year.

(3) Where the Secretary of State has approved-�

(a)a local education authority's statement of proposals under subsection (2) of section 121 of the Act, or

(b)the modification of a local education authority's statement of proposals under subsection (8) of that section, the local education authority shall publish their early years development plan (or their plan as modified) by a date not later than two months after the date of approval of the statement of proposals or modification thereof under the said subsection (2) or (8) (as the case may be), or by 1st June in the year of approval, if later.

(4) The local education authority shall publish the early years development plan, or the plan as so modified by making it available at their education office and at public libraries in their area for reference by members of the public.

(5) Each local education authority shall provide a copy of the approved early years development plan to-�

(a)the Secretary of State; and

(b)each of the members of the partnership.

Regulation 3(2)(c)

SCHEDULEMATTERS TO BE INCLUDED IN THE STATEMENT OF PROPOSALS

The statement of proposals must deal with the matters set out in the following paragraphs of this Schedule.

1. Describe the provision to be made for children who have not attained compulsory school age, but who have attained the age prescribed by regulation 2 of these Regulations ("relevant children").

2. Explain how demand for nursery education for relevant children in the local education authority's area will be met.

3. Give an estimate of the number of places for the nursery education of relevant children to be funded in each term falling within the financial year separately for establishments maintained by the local education authority and at establishments not so maintained.

4. Describe the likely effect on changes in demand for places caused by children moving between the area of the local education authority and that of other local education authorities.

5. Contain a list of all those persons providing nursery education who are (or will be) receiving nursery education grant(2) or who are under consideration to receive such grant, and who are located in the local education authority's area at the start of the period to which the statement of proposals relates.

6. Provide evidence that the local education authority have considered what arrangements should be made for the provision of transport for the purpose of enabling relevant children to take advantage of the facilities for nursery education which are available, and set out the local education authority's policies on the provision of transport to and from the premises of any institutions at which such education is provided.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply only in relation to nursery education in England, prescribe for the purposes of the new duty imposed by section 118 of the School Standards and Framework Act 1998 ("the Act") (under which a local education authority must secure sufficient provision of nursery education for their area), the minimum age in relation to which that new duty applies (regulation 2).

The Regulations also make provision in connection with early years development plans which local education authorities are required to prepare under sections 120 and 121 of the Act. The Regulations prescribe-�

(a)the intervals at which early years development plans must be prepared (regulation 3(1));

(b)the period to which a statement of a local education authority's proposals for complying with their duty under section 118 contained in such a plan must relate (regulations 3(2)(a) and (b));

(c)the matters which must be dealt with in such a statement (regulation 3(2)(c) and the Schedule);

(d)the date by which plans must be submitted to the Secretary of State under section 121(1) for his approval of the statement of proposals (regulation 4(1) and (2));

(e)the date by which plans (and modified plans) must be published (regulation 4(3));

(f)the manner of publication of such plans (regulation 4(4)); and

(g)the persons to whom a copy of such a plan must be sent (regulation 4(5)).