The Education (Nursery Education and Early Years Development) (Wales) Regulations 1999

• Citation: S.I. 1999/1099
• Sections: 4

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Education (Nursery Education and Early Years Development) (Wales) Regulations 1999 and shall come into force on 4th May 1999.

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

(3) In these Regulations–

“ the Act ” means the School Standards and Framework Act 1998;

“authority” means a local education authority;

“nursery education” means nursery education (within the meaning of section 117 of the Act) the provision of which an authority are under a duty to secure is sufficient by virtue of section 118 of the Act and regulation 2 of these regulations;

“the partnership” means, in relation to an authority, the early years development partnership established by the authority in accordance with section 119 of the Act;

“the plan” means, in relation to an authority, the early years development plan prepared by them in accordance with section 120 of the Act; and

“statement of proposals” means, in relation to an authority, their proposals for complying with their duty under section 118 of the Act to be included in their plan.

Section 2 Nursery Education

(1) For the purposes of section 118(1)(b) of the Act (age of children in relation to whom the authority’s duty to secure sufficient provision of nursery education for their area 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 starting after the child’s 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 1st April and ending with the start of the Summer term of that year;

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

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

(3) For the purposes of paragraphs (1) and (2) of this regulation, “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.

Section 3 Early years development plans

(1) For the purposes of section 120(1)(b) of the Act (the intervals at which plans must be prepared) the intervals shall be intervals of one year.

(2) The period to which the statement of proposals shall relate is the period of one year commencing on 1st September in the year in which the plan is submitted to the Secretary of State for approval of the statement of proposals in accordance with section 121(1) of the Act.

(3) The statement of proposals contained in the first plan shall relate to the period of one year commencing on 1st September 1999.

(4) Every statement of proposals shall deal with the matters set out in the Schedule to these Regulations,

Section 4 Approval and publication of statement of proposals

(1) The date by which the first plan must be submitted to the Secretary of State under section 121(1) of the Act is 1st June 1999.

(2) The date by which each subsequent plan must be submitted is 1st April in each year.

(3) Where the Secretary of State has approved–

(a) an authority’s statement of proposals under subsection (2) of section 121 of the Act, or

(b) the modification of an authority’s statement of proposals under subsection (8) of that section,

the authority shall publish their plan (or their plan as so modified) by a date not later than 28 days after the date of approval of the statement of proposals or modification thereof under subsection (2) or (8) of section 121 (as the case may be), or 1st August in the year of approval if later.

(4) The plan, or the plan as so modified, shall be published by the authority making it available at their education offices and at libraries in their area for reference by members of the public.

(5) The authority shall provide a copy of their plan, or their plan as so modified, to–

(a) the Secretary of State; and

(b) each of the members of the partnership.