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116In section 440 (amendment of order at request of parent: child without statement of special educational needs)—
(a)in subsection (2)(a), omit “or grant-maintained school”;
(b)in subsection (3), for paragraphs (a) and (b) substitute—
“(a)the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local education authority and which is different from the school named in the order,
(b)the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and”; and
(c)in subsection (4)(a), omit “and is not a grant-maintained school”.
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