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

Chapter 2E+WSchools providing for special educational needs

Independent schools in EnglandE+W

147Approval of independent schools: consequential amendmentsE+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 [F1local authority] in England, or

(b)the statement is maintained by a [F1local 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.

F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 147(8) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

Commencement Information

I1S. 147 in force at 1.9.2009 by S.I. 2009/1513, art. 3