- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(1)For section 337 of the Education Act 1996 (c. 56) (special schools) and the italic heading preceding it substitute—
A school is a special school if—
(a)it is specially organised to make special educational provision for pupils with special educational needs, and
(b)in the case of a school that is not maintained by a local education authority, it is approved under section 342.
In this Chapter—
“a non-maintained special school” means a school that is approved under section 342;
“the appropriate national authority” means—
in relation to a school in England, the Secretary of State;
in relation to a school in Wales, the Welsh Ministers.”
(2)Section 342 of that Act (approval of non-maintained special schools) is amended as follows.
(3)In subsection (1)—
(a)for “Secretary of State” substitute “appropriate national authority”;
(b)omit “his”.
(4)In subsection (5)(a) for “Secretary of State” substitute “appropriate national authority”.
(1)Section 342 of the Education Act 1996 is amended as follows.
(2)After subsection (5) insert—
“(5A)Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—
(a)receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil’s parent, and
(b)attends religious worship unless withdrawn from attendance at such worship—
(i)in the case of a sixth-form pupil, in accordance with the pupil’s own wishes, and
(ii)in any other case, in accordance with the wishes of the pupil’s parent.
(5B)In subsection (5A) “a sixth-form pupil” means a pupil who—
(a)has ceased to be of compulsory school age, and
(b)is receiving education suitable to the requirements of pupils over compulsory school age.”
(3)In subsection (6) for “special school” substitute “school in Wales that is”.
After section 342 of the Education Act 1996 (c. 56) insert—
(1)Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.
(2)Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—
(a)section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or
(b)section 122 of that Act (notification).”
After section 342A of the Education Act 1996 (inserted by section 144) insert—
(1)Regulations may make provision for an appeal against a decision of the Secretary of State—
(a)to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;
(b)not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.
(2)In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).
(3)Regulations under this section must provide that an appeal brought by virtue of this section—
(a)lies to the First-tier Tribunal, and
(b)must be brought by the proprietor of the school in question.
(4)The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—
(a)an appeal against the decision could be brought, or
(b)where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1)Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).
(2)The regulations must provide that an appeal brought by virtue of this section—
(a)lies to the First-tier Tribunal, and
(b)must be brought by the proprietor of the school in question.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys