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| Inspection of nursery education |
Inspection of nursery education. |
109. - (1) Schedule 26 (inspections, etc. of providers of nursery education) shall have effect. |
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(2) Schedule 1 to the Nursery Education and Grant-Maintained Schools Act 1996 (which is superseded by Schedule 26 to this Act) shall cease to have effect. |
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(3) Any register of nursery education inspectors established by the Chief Inspector under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act. |
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(4) In subsection (3) "the Chief Inspector" means Her Majesty's Chief Inspector of Schools in England or Her Majesty's Chief Inspector of Schools in Wales. |
| Further provisions relating to nursery education |
Children with special educational needs. |
110. - (1) It shall be the duty of- |
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(a) any local education authority or other person providing relevant nursery education, and |
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(b) any person employed by such an authority or other person in the provision of such education, |
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(except where a duty is already imposed by subsection (2) of section 313 of the Education Act 1996) to have regard to the provisions of the code of practice issued under that section (practical guidance in respect of the discharge of functions under Part IV of that Act). |
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(2) That code of practice may include practical guidance in respect of the provision of relevant nursery education for children with special educational needs in circumstances where functions under Part IV of the Education Act 1996 do not fall to be discharged. |
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(3) But unless that code of practice includes provision made by virtue of subsection (2)- |
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(a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part IV of the Education Act 1996 do not fall to be discharged, and |
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(b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document. |
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(4) In this section "relevant nursery education" means nursery education which is provided- |
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(a) by a local education authority, or |
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(b) by any other person who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 107(2)(a). |
No right to give corporal punishment to nursery pupils. |
111. In section 548(3) of the Education Act 1996 (pupils who may not be given corporal punishment), after paragraph (a) there shall be inserted- |
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"(aa) any pupil for whom nursery education (within the meaning of Part V of the School Standards and Framework Act 1998) is provided- |
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(i) by a local education authority, or
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(ii) by any other person who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 107(2)(a) of that Act;".
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