Commentary Part 9: Miscellaneous Section 168: Maintained nursery schools: amendment of sections 496 and 497 of EA 1996
664.The 2002 Act required maintained nursery schools to have governing bodies from 1 September 2003 for the first time. Prior to that, the governance of such schools was covered by the functions of local education authorities. However, sections 496 and 497 of the 1996 Act were not amended by the 2002 Act to apply to these new governing bodies. This section therefore puts the governing bodies of maintained nursery schools on a similar footing to the governing bodies of other maintained schools by making it possible for the Secretary of State or the National Assembly for Wales to issue a direction under section 496, or make an order under section 497, if the governing bodies of maintained nursery schools are unreasonably exercising, or are in default with regard to, their functions.