SCHEDULES

SCHEDULE 3Special educational needs: consequential amendments

PART 2Amendments to other Acts

School Standards and Framework Act 1998 (c. 31)

I167

The School Standards and Framework Act 1998 is amended as follows.

I268

1

Section 98 (admission for nursery education or to nursery or special school: children with statements of special educational needs) is amended as follows.

2

In subsection (7) after “for whom” insert “ EHC plans are maintained under section 37 of the Children and Families Act 2014 or ”.

3

In the title after “special education needs” insert “ or EHC plans ”.

I369

1

Section 123 (nursery education: children with special educational needs) is amended as follows.

2

In subsection (1), for the words from “(except” to the end substitute “ to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) or section 313(2) of the Education Act 1996 (in the case of education in Wales). ”

3

After subsection (1) insert—

1A

Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.

4

In subsection (2)—

a

for “That code of practice” substitute “ The code of practice in question ”, and

b

after “functions under” insert “ Part 3 of the Children and Families Act 2014 or (as the case may be) ”.

5

In subsection (3)—

a

for “that code of practice” substitute “ the code of practice in question ”, and

b

after “functions under” insert “ Part 3 of the Children and Families Act 2014 or (as the case may be) ”.

6

In subsection (3A)(b) after “no” insert “ EHC plan or ”.

I470

In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary and foundation special schools in England), in paragraph A23(9), in paragraph (d) of the definition of “children's services”—

a

after “learning difficulty” insert “ or disability ”, and

b

omit “66,”.