Education and Skills Act 2008 (c. 25)

Part 4 E+W Regulation and inspection of independent educational provision in England

Chapter 2 E+W Schools providing for special educational needs

Non-maintained special schools in England E+W

142 Interpretation E+W

(1) For section 337 of the Education Act 1996 (c. 56) (special schools) and the italic heading preceding it substitute—

“Interpretation E+W

337 Special schools

A school is a special school if—

(a) it is specially organised to make special educational provision for pupils with special educational needs, and

(b) in the case of a school that is not maintained by a [F1 local authority], it is approved under section 342.

337A Interpretation of Chapter

In this Chapter—

• “a non-maintained special school” means a school that is approved under section 342;

• “the appropriate national authority” means—

  (a)

  in relation to a school in England, the Secretary of State;

  (b)

  in relation to a school in Wales, the Welsh Ministers.”

(2) Section 342 of that Act (approval of non-maintained special schools) is amended as follows.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “ appropriate national authority ”;

(b) omit “his”.

(4) In subsection (5)(a) for “Secretary of State” substitute “ appropriate national authority ”.

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), Sch. 2 para. 15(2)

Commencement Information

I1 S. 142 in force at 30.3.2010 by S.I. 2010/1093, art. 2(a)