Commentary on Sections Part 6 – Early Learning and Childcare Section 48 – Mandatory amount of early learning and childcare
117.Subsection (1) defines the mandatory amount of early learning and childcare for the purposes of section 47(1) as 600 hours in each year for which a child is an eligible pre-school child and a pro rata amount for each part of a year for which a child is so eligible.
118.Subsection (2) provides that the Scottish Ministers may, by order, modify the mandatory amount of early learning and childcare in subsection (1) for eligible pre-school children so as to vary the amount of early learning and childcare which is to be made available. Under subsection (3) the order is capable of making different provision for different types of eligible pre-school children (for example different amounts for children of different ages). Such an order is subject to affirmative procedure by virtue of section 99(2).