Education Act 1996

347 Approval of independent schools. E+W

(1) [F1 The 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 [F3 the 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), [F4 the Welsh Ministers may withdraw their] approval.

(5) No person shall so exercise his functions under this Part that [F5 a relevant child] is educated in an independent school unless—

(a) the school is for the time being approved by [F6 the Welsh Ministers] as suitable for the admission of children for whom statements are maintained under section 324, or

(b) [F7 the Welsh Ministers are] satisfied that there is a place available for the child at the school and [F8 consent] 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 [F10 local authority] in Wales maintain a statement under section 324, or

(b) for whom no [F10 local authority] maintain such a statement and who is in the area of a [F10 local authority] in Wales.]

[F11 (5A) [F12 Subsection (5)] does not apply to a [F10 local authority] [F13 in Wales] deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]

Textual Amendments

F1 Words 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

F2 Words 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

F3 Words 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

F4 Words 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

F5 Words 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

F6 Words 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

F7 Words 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

F8 Word 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

F9 S. 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

F10 Words 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))

F11 S. 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

F12 Words 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

F13 Words 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)

C1 S. 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