Education and Skills Act 2008

146 Abolition of requirement of approval for independent schools: England E+W

(1) Section 347 of the Education Act 1996 (c. 56) (approval of independent schools) is amended as follows.

(2) In subsection (1) —

(a) for “The Secretary of State” substitute “ The Welsh Ministers ”;

(b) after “independent school” insert “ in Wales ”.

(3) In subsection (3) for “the Secretary of State sees” substitute “ the Welsh Ministers see ”.

(4) In subsection (4) for “the Secretary of State may withdraw his” substitute “ the Welsh Ministers may withdraw their ”.

(5) In subsection (5)—

(a) for “a child with special educational needs” substitute “ a relevant child ”;

(b) in paragraph (a) for “the Secretary of State” substitute “ the Welsh Ministers ”;

(c) in paragraph (b), for “the Secretary of State is” substitute “ the Welsh Ministers are ”, and for “consents” substitute “ consent ”.

(6) After subsection (5) insert—

“(5ZA) In subsection (5) “a relevant child” means a child with special educational needs—

(a) for whom a [F1 local authority] in Wales maintain a statement under section 324, or

(b) for whom no [F1 local authority] maintain such a statement and who is in the area of a [F1 local authority] in Wales.”

(7) In subsection (5A)—

(a) for “But that” substitute “ Subsection (5) ”;

(b) after “[F1 local authority]” insert “ in Wales ”.

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. 146 in force at 1.9.2009 by S.I. 2009/1513, art. 3