Education Act 1996

[F1 Meaning of “qualifying school” etc U.K.

Textual Amendments

F1 Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)

15 (1) The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule. U.K.

(2) “Qualifying school” in relation to a child means—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school,

(c) a school approved under section 342 (non-maintained special schools),

(d) a pupil referral unit,

(e) a maintained nursery school, or

(f) a city technology college, a city college for the technology of the arts[F2 , an Academy school or an alternative provision Academy].

(3) In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—

(a) it is the only school named in the statement maintained for the child under section 324, or

(b) it is one of two or more schools named in that statement and of those schools it is the nearer or nearest to the child's home.

(4) “Disabled child” means a child who has a disability for the purposes of the [F3 Equality Act 2010] , and “disability” is to be construed accordingly.

(5) “Walking distance” has the meaning given by section 444(5).

(6) “Religion” and “belief” are to be read in accordance with section 509AD(3).

(7) In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.]

Textual Amendments

F2 Words in Sch. 35B para. 15(2)(f) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(20); S.I. 2012/924, art. 2

F3 Words in Sch. 35B para. 15(4) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 40 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)