Regulation 23 Nursery Education.

Subject to paragraph (2), in cases where the school provides education for junior pupils who have not attained the age of five years, the funding authority shall determine an amount in respect of such provision which they are satisfied is fair and reasonable having regard in particular to the extent to which, in their opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 6, 12 or 19 (Direct AMG).

This regulation shall not apply to such education where, were the school maintained by a local education authority, grant would be payable in pursuance of the Education (Grants for Education Support and Training: Nursery Education) (England) Regulations 1996^f1 in respect of expenditure incurred or to be incurred on or in connection with its provision (grants payable to certain local education authorities in connection with vouchers for nursery education).