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Education Act 2002
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- 2002 c. 32
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Version Superseded: 05/05/2010
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- 01/09/2003- Amendment
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Education Act 2002,
Chapter 2
is up to date with all changes known to be in force on or before 26 February 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.
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Chapter 2 E+WChildren with special educational needs
172 Alteration to definition of “independent school”E+W
For section 463 of the Education Act 1996 (c. 56) (meaning of “independent school”) there is substituted—
“463 Meaning of “independent school”
(1)In this Act “independent school” means any school at which full-time education is provided for—
(a)five or more pupils of compulsory school age, or
(b)at least one pupil of that age for whom a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989),
and which is not a school maintained by a local education authority or a special school not so maintained.
(2)For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.”
Commencement Information
I1S. 172 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I2S. 172 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
173 Right of access of LEAE+W
In section 327 of the Education Act 1996 (c. 56) (local education authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted “or at an independent school”.
Commencement Information
I3S. 173 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I4S. 173 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
174 Consent to placementE+W
In section 347 of the Education Act 1996 (approval of independent schools as suitable to provide special education), in subsection (5)(b) (no child to be placed at an unapproved school unless the Secretary of State consents), after “Secretary of State” there is inserted “ is satisfied that there is a place available for the child at the school and ”.
Commencement Information
I5S. 174 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I6S. 174 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
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