Education Act 2002 (c. 32)

Part 10 E+W Independent schools

Chapter 2 E+W Children 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 [F1 local 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.”

Textual Amendments

F1 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), art. 1, Sch. 2 para. 11(2)

Commencement Information

I1 S. 172 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I2 S. 172 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

173 Right of access of [F1 local authority] E+W

In section 327 of the Education Act 1996 (c. 56) ( [F1 local 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”.

Textual Amendments

F1 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), art. 1, Sch. 2 para. 11(2)

Commencement Information

I3 S. 173 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I4 S. 173 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

F2 174 Consent to placement E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 174 omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 9(3); S.I. 2021/373, art. 8(j)(xxi)