338Power of funding authority to establish grant-maintained special school
(1)The funding authority may establish in the area of any local education authority a school which is specially organised to make special educational provision for pupils with special educational needs if—
(a)an order under section 27(1) (allocation of responsibility for providing sufficient school places) applies to the area, and
(b)the school is intended to provide relevant education for pupils in the area, whether or not it also provides other education or education for pupils from outside the area.
(2)Subsection (1) has effect subject to section 339(4).