Education and Skills Act 2008

Education and Skills Act 2008

2008 CHAPTER 25

Commentary on Sections

Local education authority

Legal background

Part 4: Regulation and inspection of independent educational provision in England

Chapter 2: Schools providing for special educational needs

Section 147: Approval of independent schools: consequential amendments

178. This section brings together consequential amendments arising from the changes to section 347.

179. Section 349 of the 1996 Act is amended to clarify that the power to vary trust deeds to secure compliance with the requirements of being an independent school in Wales under section 347 remains relevant to Wales and lies with the Welsh Ministers. The power to vary trust deeds to secure compliance with the requirements of being a non-maintained special school under section 342 is transferred to the Welsh Ministers for schools in Wales.

180. Section 483A of the 1996 Act provides for local education authorities to make payments to independent schools for pupils with statements of special educational needs. It is amended in light of the changes to section 347. It will ensure local education authorities in England can continue to make payments. Welsh local education authorities will continue to be able to make payments to Welsh and English independent schools for pupils where Welsh Ministers have granted consent for the pupil to be placed there.

181. Section 59 of the Safeguarding Vulnerable Groups Act 2006 defines the term “vulnerable adult”. Subsection (3) has been amended to reflect the changes to section 347 in respect of England and Wales.