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

Chapter 2 E+W Schools providing for special educational needs

Independent schools in England E+W

147 Approval of independent schools: consequential amendments E+W

(1) Section 349 of the Education Act 1996 (c. 56) (variation of trust deeds by order) is amended as follows.

(2) In subsection (1)—

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

(b) for “him” substitute “ it ”;

(c) omit “or 347”.

(3) After that provision insert—

“(1A) The Welsh Ministers may by order make such modifications of any trust deed or other instrument relating to a school in Wales as, after consultation with the governing body or other proprietor of the school, appear to them to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 347.”

(4) Section 483A of that Act (city colleges and academies: special educational needs) is amended as follows.

(5) For subsection (3)(a) and (b) substitute—

“(a) the statement is maintained by a [F1 local authority] in England, or

(b) the statement is maintained by a [F1 local authority] in Wales and the Welsh Ministers consent to the child being educated at the school.”

(6) In subsection (4) of that section for “The Secretary of State” substitute “ The appropriate national authority ”.

(7) At the end of that section add—

“(6A) In subsection (4) “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.”

(8) In section 59(3) of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (vulnerable adults)—

(a) in paragraph (b), for the words following “which” substitute—

“(i) is in England and is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 312 of that Act), or

(ii) is in Wales and is approved by the Welsh Ministers under section 347 of that Act;”;

(b) in paragraph (c), for “the Secretary of State” substitute “ the Welsh Ministers ”.

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