HC Deb 21 May 1976 vol 911 c750W
Mr. Kilroy-Silk

asked the Secretary of State for Education and Science how local authorities are to interpret that part of the joint circular on public expenditure cuts which relates to reduced educational provision for under-fives, in the light of Section 8 of the Education Act 1944, which lays on them a duty to make such provision.

Miss Margaret Jackson

The effect of Section 8(2) (b) of the Education Act 1944 is to lay on local education authorities not a duty to make provision for pupils who have not attained the age of 5 years but a duty to have regard to the need for securing that such provision is made, in the form of nursery schools or classes. In other words, they can also have regard to other needs, and weigh one against the other. The guidance in paragraph 37 of the joint circular on the rate support grant settlement 1976–77, issued on 31st December 1975 (DES No. 15/75), is fully consistent with that.

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