Explanatory Notes

Education and Skills Act 2008

2008 CHAPTER 25

26 November 2008

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 148: Approval of independent schools: transitional provision

182.This section provides for transitional arrangements for relevant children who are already placed in English independent schools at the time the Act becomes law. It provides that Welsh local education authorities will not have to seek consent from the Welsh Ministers for:

a)

relevant children to be placed in English independent schools which, prior to the abolition of the requirement for approval for independent schools in England, were approved under section 347; or

b)

where a child attended an unapproved independent school with the consent of the Secretary of State prior to the abolition of the category of approved independent school in England.

183.Without this provision once the Act comes into force Welsh local education authorities would have to seek consent from Welsh Ministers for these pupils to continue their placements.