39(1)Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.E+W
(2)In subsection (1), for the words from the beginning to “shall” there is substituted “ The governing body of a community, foundation or voluntary school or a maintained nursery school shall ”.
(3)For subsection (2) there is substituted—
“(2)In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).”
(4)In subsection (3)—
(a)in paragraph (a), after “voluntary schools” there is inserted “ and maintained nursery schools ”, and
(b)paragraph (b) and the word “and” preceding it are omitted.
(5)In subsection (7) for “section 42(1) of the School Standards and Framework Act 1998” there is substituted “ section 30(1) of the Education Act 2002 ”.
Commencement Information
I1Sch. 21 para. 39 partly in force; Sch. 21 para. 39 not in force at Royal Assent, see s. 216; Sch. 21 para. 39(5) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)
I2Sch. 21 para. 39(1)-(4) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I3Sch. 21 para. 39(1)(5) in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2