Commentary on Sections Part 6 – Early Learning and Childcare Section 46 – Early learning and childcare
109.Section 1(1) of the 1980 Act imposes a duty on every education authority to secure that there is adequate and efficient provision of school education made for their area. Section 46 defines “early learning and childcare” as a service, consisting of education and care, of a kind which is suitable in the ordinary case for children who are under school age, with regard being had to the importance of interactions and other experiences which support learning and development in a caring and nurturing setting. The phrase “of a kind which is suitable in the ordinary case for children who are under school age” is consistent with its use in the 1980 Act. Guidance issued by the Scottish Ministers under section 34 of the Standards in Scotland’s Schools Act 2000 (“the 2000 Act”) (which is amended by paragraph 7 of schedule 5) together with national guidance will be used to provide more detail as to what those types of interactions and experiences will encapsulate.