{
  "url": "https://openlegislation.uk/children-and-young-people-scotland-act-2014-ancillary-provision-order-2014/note",
  "json_url": "https://openlegislation.uk/children-and-young-people-scotland-act-2014-ancillary-provision-order-2014/note.json",
  "legislation": "ssi/2014/132",
  "legislation_title": "The Children and Young People (Scotland) Act 2014 (Ancillary Provision) Order 2014",
  "legislation_url": "https://openlegislation.uk/children-and-young-people-scotland-act-2014-ancillary-provision-order-2014",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order makes supplementary, transitory and saving provision which the Scottish Ministers consider to be appropriate for the purposes of giving full effect to the provisions in the Children and Young People (Scotland) Act 2014 (asp 8) (“the 2014 Act”).\nSection 47(1) of the 2014 Act requires an education authority, in pursuance of its duty under section 1(1) (duty to secure for their area adequate and efficient school education) of the Education (Scotland) Act 1980 (c.44) (“the 1980 Act”), to secure that the mandatory amount of early learning and childcare is made available for each eligible pre-school child belonging to its area. Article 2 of the Order provides that where an education authority requires to establish a nursery school or nursery class for such eligible pre-school children, the obligations of the Schools (Consultation) (Scotland) Act 2010 (asp 8) (“the 2010 Act”) are disapplied in relation to certain relevant proposals specified in the Schedule to the Order.\nThose relevant proposals are a proposal to establish a new school but only to the extent that the relevant proposal is to establish a nursery school and also a proposal to establish a new stage of education in a school but only to the extent that the relevant proposal is to establish a nursery class.\nArticle 3 provides that the Order ceases to have effect on 31st March 2017 but continues to apply where a decision is made by an education authority before 31st March 2017 to establish a nursery school or a nursery class. The effect is that the requirements of the 2010 Act continue to be disapplied in relation to those decisions.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2014/132/note",
    "retrieved_at": "2026-10-28T21:35:08.418852+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}