8(1)Section 6 of the Education (Miscellaneous Provisions) Act 1953 (payment of pupils' fees at non-maintained schools) is amended as follows.
(2)In subsection (2)—
(a)for the words "section 33 of the principal Act" there are substituted the words " the Education Act 1981 ";
(b)after the word " pupil" in paragraph (a)(ii), in the second place where it occurs, there are inserted the words " and any special educational needs he may have ";
(c)for sub-paragraph (iii) of paragraph (a) there is substituted the following sub-paragraph—
“(iii)where, in a case not falling within either of the two foregoing sub-paragraphs, the authority are satisfied that the pupil has special educational needs and that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local education authority”;
and
(d)in paragraph (b) after the word " aptitude " there are inserted the words " and to any special educational needs he may have ".