Modifications etc. (not altering text)
C1Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)
(1)[F1The Welsh Ministers] may approve an independent school [F2 in Wales] as suitable for the admission of children for whom statements are maintained under section 324.
(2)Regulations may make provision as to—
(a)the requirements which are to be complied with by a school as a condition of its approval under this section,
(b)the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and
(c)the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(3)An approval under this section may be given subject to such conditions (in addition to those prescribed) as [F3the Welsh Ministers see] fit to impose.
(4)In any case where there is a failure to comply with such a condition imposed under subsection (3), [F4the Welsh Ministers may withdraw their] approval.
(5)No person shall so exercise his functions under this Part that [F5a relevant child] is educated in an independent school unless—
(a)the school is for the time being approved by [F6the Welsh Ministers] as suitable for the admission of children for whom statements are maintained under section 324, or
(b)[F7the Welsh Ministers are] satisfied that there is a place available for the child at the school and [F8consent] to the child being educated there.
[F9(5ZA)In subsection (5) “a relevant child” means a child with special educational needs—
(a)for whom a [F10local authority] in Wales maintain a statement under section 324, or
(b)for whom no [F10local authority] maintain such a statement and who is in the area of a [F10local authority] in Wales.]
[F11(5A)[F12Subsection (5)] does not apply to a [F10local authority] [F13 in Wales] deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]
Textual Amendments
F1Words in s. 347(1) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(2)(a), 173(4); S.I. 2009/1513, art. 3
F2Words in s. 347(1) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(2)(b), 173(4); S.I. 2009/1513, art. 3
F3Words in s. 347(3) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(3), 173(4); S.I. 2009/1513, art. 3
F4Words in s. 347(4) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(4), 173(4); S.I. 2009/1513, art. 3
F5Words in s. 347(5) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(a), 173(4); S.I. 2009/1513, art. 3
F6Words in s. 347(5)(a) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(b), 173(4); S.I. 2009/1513, art. 3
F7Words in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3
F8Word in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3
F9S. 347(5ZA) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(6), 173(4); S.I. 2009/1513, art. 3
F10Words 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. 7(2) (with Sch. 2 para. 7(4)(5))
F11S. 347(5A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
F12Words in s. 347(5A) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(7)(a), 173(4); S.I. 2009/1513, art. 3
F13Words in s. 347(5A) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(7)(b), 173(4); S.I. 2009/1513, art. 3
Modifications etc. (not altering text)
C2S. 347(5)(b) modified (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 148(3), 173(4); S.I. 2009/1513, art. 3
(1)This section applies where—
(a)special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school,
[F15(aa)the child is in the area of a local authority in Wales,] and
(b)either the name of the school is specified in a statement in respect of the child under section 324 or the [F10local authority] are satisfied—
(i)that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and
(ii)that it is appropriate for the child to be provided with education at the particular school.
(2)Where this section applies, the [F10local authority] shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—
(a)board and lodging are provided for him at the school, and
(b)the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,
the authority shall pay the whole of the fees payable in respect of the board and lodging.
F16[(3)In this section “maintained school” means a school maintained by a [F10local authority].]
Textual Amendments
F10Words 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. 7(2) (with Sch. 2 para. 7(4)(5))
F14Word in s. 348 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 38(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F15S. 348(1)(aa) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 38(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F16S. 348(3) substituted (1.9.1999) for s. 348(3)(a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para.84 (with ss. 138(9), 144(6))