Education Act 1996, Section 562C is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F3(1)This section applies where, immediately before the beginning of the detention, a local authority [F4in Wales] were maintaining a statement under section 324 for a detained person.
(2)The authority must keep the statement while the person is detained in relevant youth accommodation.
(3)The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.
(4)For the purposes of subsection (3), appropriate special educational provision is—
(a)the special educational provision that, immediately before the beginning of the detention, was specified in the statement,
(b)educational provision corresponding as closely as practicable to the special educational provision so specified, or
(c)if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.]]
Textual Amendments
F1Pt. 10 Ch. 5A inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)
F2Words in s. 562C title inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 55(3); S.I. 2015/375, art. 2(e)
F3S. 562C omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(25)“; S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
F4Words in s. 562C(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 55(2); S.I. 2015/375, art. 2(e)
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