Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Nursery Education (England) (Amendment) (No. 2) Regulations 1999 and shall come into force on 1st September 1999.

(2) In these Regulations "the principal Regulations" means the Nursery Education (England) Regulations 1998(2).

Nursery Education

2. For regulation 3 of the principal Regulations there shall be substituted the following regulation-�

"3.-(1) For the purposes of section 1(2)(b) of the Act (prescribing a time, earlier than the time in section 1(2)(a), after which education provided for children is nursery education) there is prescribed-�

(a)in relation to education provided for a child at a school or other premises in the area of a local education authority specified in column (1) of the Schedule to these Regulations who does not fall within sub-paragraph (b) below the day immediately preceding the later of-�

(i)the start of the first term starting after the child has attained the age of 3 years; or

(ii)if the child's third birthday falls within one of the periods specified in paragraph (2), the start of the term following the term referred to in that paragraph;

(b) in relation to education provided for any other child the day immediately preceding the later of-�

(i)the start of the first term starting after the child has attained the age of 4 years; or

(ii)if the child's fourth birthday falls within one of the periods specified in paragraph (2), the start of the term following the term referred to in that paragraph.

(2) The periods referred to in paragraphs (1)(a)(ii) and (1)(b)(ii) 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;

(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.

(4) The amount of grant payable in respect of education provided in accordance with paragraphs (1)(a) and (1)(b) shall be calculated separately under regulations 6 and 7.

(5) The total amount of grant payable under regulation 7 in respect of education provided in accordance with paragraph (1)(a) shall not exceed the amount specified in column (2) of the Schedule."

The Schedule

3. At the end of the principal regulations there shall be inserted the Schedule to these Regulations.

Regulation 3

THE SCHEDULE

Regulation 3(1) and 3(5)

"THE SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Nursery Education (England) Regulations 1998 by providing that nursery education grant is payable in respect of 3 year olds in the 57 local education authorities specified in the Schedule up to the total amount specified for each authority.