Regulation 33 Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision and community early years provisionI1

England and Wales

(1)

Subject to the following paragraphs of this regulation, in determining—

(a)

budget shares for nursery schools maintained by it;

(b)

amounts to be allocated in respect of nursery classes in schools maintained by it;

(c)

amounts to be allocated to relevant early years providers in its area; and

(d)

amounts to be allocated in respect of community early years provision in schools maintained by it,

a local authority must take into account in its formula the predicted total number of hours of attendance of pupils or children.

(2)

When further information about hours of attendance becomes available a local authority must—

(a)

review the budget share for each nursery school maintained by it, the amount allocated in respect of each nursery class and the amount allocated in respect of community early years provision; and

(b)

redetermine that budget share or amount allocated, as the case may be.

(3)

When carrying out a review and redetermination under paragraph (2) the local authority must—

(a)

in the case where the local authority decides to fund only funded early years provision, take into account—

(i)

the predicted total number of hours of attendance of pupils in the nursery school or nursery class, and of children being provided with community early years provision, who will receive funded early years provision during the period (basing the calculation on the actual hours of such attendance in each of at least three sample weeks); or

(ii)

the actual total number of hours of such attendance for the period; or

(b)

in the case where the local authority decides to fund funded early years provision and early years provision in excess of funded early years provision, take into account—

(i)

the predicted total number of hours of attendance of pupils in the nursery school or nursery class, and of children being provided with community early years provision, who will receive early years provision during the period (basing the calculation on the actual hours of such attendance in each of at least three sample weeks); or

(ii)

the actual total number of hours of such attendance for the period.

(4)

When further information about hours of attendance becomes available, a local authority must—

(a)

review the amount allocated to each relevant early years provider; and

(b)

redetermine the amount allocated.

(5)

When carrying out a review and redetermination under paragraph (4) the local authority must take into account—

(a)

the predicted total number of hours of attendance of children who will receive funded early years provision from the relevant early years provider during the period (basing the calculation on the actual hours of such attendance in each of at least three sample weeks); or

(b)

the actual total numbers of hours of such attendance for the period.

(6)

Within 28 days of making any redetermination under paragraph (2)(b) or (4)(b), the local authority must give notice of the redetermination and the date on which it will be implemented to the governing body of the school, or the relevant early years provider concerned.

(7)

When making determinations and redeterminations under the preceding paragraphs of this regulation, a local authority may weight the predicted total number of hours of attendance of pupils or children according to the special educational needs of any such pupils or children.

(8)

When determining—

(a)

budget shares for nursery schools maintained by it;

(b)

amounts to be allocated in respect of nursery classes in schools maintained by it;

(c)

amounts to be allocated to relevant early years providers in its area;

(d)

amounts to be allocated in respect of community early years provision in schools maintained by it,

a local authority may take into account in its formula the number of places it wishes to fund in the school, class or provider (instead of the predicted total number of hours of attendance), where it has reserved those places for children with special educational needs or children in need.

(9)

In paragraph (8), “children in need” means children within the area of a local authority in respect of whom that local authority must provide a range of services appropriate to their needs under section 17 of the 1989 Act (provision of services for children in need, their families and others)^f1.

Annotations

Commencement

I1: Reg. 33 in force at 11.2.2026, see reg. 1(2)

Footnotes

f1: Section 17 was amended by section 4 of, and paragraph 108(a) of Schedule 2 to, the Social Security (Consequential Provisions) Act 1992 (c. 6), section 7(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35), section 47 of, and paragraphs 15 and 16 of Schedule 3 to, the Tax Credits Act 2002 (c. 21), section 116(1) of the Adoption and Children Act 2002 (c. 38), section 53(1) of the 2004 Act, section 28(1) of, and paragraph 6(1) and (2) of Schedule 3 to, the 2007 Act, sections 8(2), 24 and 42 of, and paragraph 1 of Schedule 1, and Schedule 4 to, the Children and Young Persons Act 2008 (c. 23), section 31 of, and paragraph 1(a) of Schedule 2 to, the 2012 Act and by S.I. 2016/413; Section 17 will also be amended by sections 9(3)(b) and 58(1) of, and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (c. 24) and section 147 of, and Part 1 of Schedule 14 to, the 2012 Act on a date to be appointed.