Part IVE+W Special educational needs

Chapter IE+W Children with special educational needs

Special educational provision: generalE+W

318 Provision of goods and services in connection with special educational needs.E+W

(1)A local education authority may, for the purpose only of assisting—

(a)the governing bodies of [F1community, foundation or voluntary schools] [F2 or maintained nursery schools] (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

(b)the governing bodies of [F1community or foundation special schools] (in their or any other area) in the performance of the governing bodies’ duties,

supply goods or services to those bodies.

(2)The terms on which goods or services are supplied by local education authorities under [F3this section to the governing bodies of community, foundation or voluntary schools [F4, maintained nursery schools ] or community or foundation special schools in any other area] may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.

F5[(3)A local education authority [F6in England] may supply goods and services to any authority [F6in England] or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child to whom subsection (3A) applies any special educational provision which any learning difficulty of the child calls for.

(3A)This subsection applies to any child—

(a)who is receiving relevant nursery education within the meaning of section 123 of the School Standards and Framework Act 1998, F7...

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F8(3B)A local education authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection(1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.]

(4)This section is without prejudice to the generality of any other power of local education authorities to supply goods or services.

Textual Amendments

F1Words in s. 318(1)(a)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(2)(a)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2Words in s. 318(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F3Words in s. 318(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4Words in s. 318(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F5S. 318(3)(3A) substituted (1.10.1998) for s. 318(3) by 1998 c. 31, ss. 140(1), Sch. 30 para. 75(4) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F6S. 318(3): words inserted (19.12.2002) after the word "authority" by virtue of Education Act 2002 (c. 32), ss. 194(2)(a), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

F7S. 318(3A)(b) repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1