The Nursery Education (Inspection) (England) Regulations 2005

• Citation: S.I. 2005/2299
• Sections: 6

Section 1 Citation, commencement and revocation

(1) These Regulations may be cited as the Nursery Education (Inspection) (England) Regulations 2005 and shall come into force on 3rd October 2005.

(2) The Nursery Education (England) Regulations 2000 are revoked.

Section 2 Interpretation

(1) In these Regulations—

“year” means the period of 12 months commencing on 1st August; and

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

(2) For the purposes of paragraph 6A(5) of Schedule 26 to the 1998 Act there is prescribed as the responsible person—

(a) in the case of relevant nursery education provided at an independent school the proprietor of the school;

(b) in the case of relevant nursery education provided by a local authority under section 18 of the Children Act 1989 —

(i) the person in charge of the place at which the education is provided; or

(ii) in the case of relevant nursery education provided by that authority at home to children with special educational needs, the local authority;

(c) in the case of relevant nursery education provided by that person a person registered by the Chief Inspector under section 79D(1)(a) or (5) of the Children Act 1989; or

(d) in any other case any person in receipt of funding from the local education authority for the provision of relevant nursery education.

Section 3 Intervals for inspection

The Chief Inspector shall inspect all relevant nursery education by 1st August 2009 and, following that inspection, shall thereafter inspect such relevant nursery education within 3 years from the end of the year in which the last inspection took place.

Section 4 Notification of an inspection

Where the responsible person has been notified of the fact that relevant nursery education or nursery education under consideration for funding provided by him is to be inspected under paragraph 6A of Schedule 26 to the 1998 Act he shall, for the purposes of paragraph 6A(4) of Schedule 26 to that Act, take such steps as are reasonably practicable to notify of that fact—

(a) parents of children attending the relevant nursery education; and

(b) a person appearing to them to be an appropriate officer of the local education authority.

Section 5 Destination of reports

(1) For the purposes of paragraph 13A(1)(b)(ii) of Schedule 26 to the 1998 Act there are prescribed as authorities and persons to whom the Chief Inspector shall send a copy of the report—

(a) the local education authority for the area in which the relevant nursery education which is the subject of the report is provided; and

(b) in the case of relevant nursery education provided at an independent school—

(i) the head teacher of the school, and

(ii) where the school is approved by the Secretary of State under section 347 of the Education Act 1996 (approval of independent schools for children with statements), any local education authority paying fees in respect of the attendance of a registered pupil at the school.

(2) For the purposes of paragraph 13A(2)(b) of Schedule 26 to the 1998 Act, the responsible person must take such steps as are reasonably practicable to provide a copy of the report to—

(a) parents of children attending the relevant nursery education, within 5 working days of receipt; and

(b) any person, including any person to whom they have previously provided a copy, who asks for one, provided that any fee charged under regulation 6 is first paid.

(3) In this regulation “working day” means any day which is not a Saturday, a Sunday or a public holiday.

Section 6 Fees for provision of copies

Where a responsible person is required to provide a copy of the report under regulation 5(2)(b) he may charge a fee not exceeding the cost of supply.