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Prospective
5E+WThe Education Act 1996 is amended as follows.
6E+WFor section 6(2) (reference to definition of special school) substitute—
“(2)A school is a special school if—
(a)it is specially organised, and
(b)in the case of a school that is not maintained by a [F1local authority], it is approved,
as mentioned in section 337.”
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)
7E+WIn section 313(5) (codes of practice) for “Part” substitute “ Chapter ”.
8E+WAfter section 537A insert—
(1)Sections 537 and 537A (powers of the Secretary of State to require information from governing bodies etc) apply in relation to a relevant part-time educational institution as they apply in relation to an independent school.
(2)In the application of sections 537 and 537A by virtue of this section—
(a)references to a pupil at an independent school are to be read as references to a student at a relevant part-time educational institution;
(b)references to the proprietor of an independent school are to be read as references to the person or body of persons responsible for the management of a relevant part-time educational institution.
(3)In this section—
(a)“relevant part-time educational institution” means an independent educational institution in England that is not an independent school;
(b)“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 92 of that Act);
(c)“student” has the same meaning as in that Chapter (see section 138 of that Act).”
9(1)Section 548 (no right to give corporal punishment) is amended as follows.E+W
(2)In subsection (1)—
(a)in paragraph (a), for “school” substitute “ relevant educational institution ”;
(b)in paragraphs (b) and (c), for “school” substitute “ a relevant educational institution ”.
(3)In subsection (2) for “school” substitute “ relevant educational institution ”.
(4)In subsection (6)—
(a)in paragraph (a) for “school” substitute “ relevant educational institution ”;
(b)in paragraph (b)(i) for “school” substitute “ institution ”.
(5)After subsection (7) insert—
“(7A)“Relevant educational institution” means—
(a)a school, or
(b)an independent educational institution in England other than a school.
(7B)In subsection (7A)(b) “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008 (see section 92 of that Act).”
10E+WIn the table in section 580 (index), in the entry for “the Tribunal” for “(in Part IV)” substitute “(in Chapter 1 of Part 4).
11E+WIn that table insert the following entries at the appropriate places—
“a non-maintained special school (in Chapter 2 of Part 4). | section 337A.” |
Textual Amendments
F2Sch. 1 para. 11 entry omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 6(l)(iii); S.I. 2021/373, art. 8(j)(xviii)