PART 3Children and young people in England with special educational needs or disabilities
Supplementary
83Interpretation of Part 3
1
In this Part—
“EA 1996” means the Education Act 1996;
“ESA 2008” means the Education and Skills Act 2008;
“SSFA 1998” means the School Standards and Framework Act 1998.
2
In this Part—
“appropriate person” has the meaning given by section 70(5);
“beginning of the detention” has the meaning given by section 70(6);
“detained person” has the meaning given by section 70(5);
“detained person's EHC needs assessment” has the meaning given by section 70(5);
“education, health and care provision” has the meaning given by section 26(2);
“EHC needs assessment” has the meaning given by section 36(2);
“EHC plan” means a plan within section 37(2);
“health care provision” has the meaning given by section 21(3);
“the home authority” has the meaning given by section 70(6) (subject to subsection (7) of that section);
“mainstream post-16 institution” means a post-16 institution that is not a special post-16 institution;
“mainstream school” means—
- a
a maintained school that is not a special school, or
- b
an Academy school that is not a special school;
- a
“maintained school” means—
- a
a community, foundation or voluntary school, or
- b
a community or foundation special school not established in a hospital;
- a
“post-16 institution” means an institution which—
- a
provides education or training for those over compulsory school age, but
- b
is not a school or other institution which is within the higher education sector or which provides only higher education;
- a
“proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution;
“relevant early years education” has the meaning given by section 123 of SSFA 1998;
“relevant youth accommodation” has the meaning given by section 70(5);
“social care provision” has the meaning given by section 21(4);
“social services functions” in relation to a local authority has the same meaning as in the Local Authority Social Services Act 1970;
“special educational needs” has the meaning given by section 20(1);
“special educational provision” has the meaning given by section 21(1) and (2);
“special post-16 institution” means a post-16 institution that is specially organised to make special educational provision for students with special educational needs;
“training” has the same meaning as in section 15ZA of EA 1996;
“young person” means a person over compulsory school age but under 25.
3
A child or young person has a disability for the purposes of this Part if he or she has a disability for the purposes of the Equality Act 2010.
4
A reference in this Part to “education”—
a
includes a reference to full-time and part-time education, but
b
does not include a reference to higher education,
and “educational” and “educate” (and other related terms) are to be read accordingly.
5
A reference in this Part to—
a
a community, foundation or voluntary school, or
b
a community or foundation special school,
is to such a school within the meaning of SSFA 1998.
6
A reference in this Part to a child or young person who is “in the area” of a local authority in England does not include a child or young person who is wholly or mainly resident in the area of a local authority in Wales.
7
EA 1996 and the preceding provisions of this Part (except so far as they amend other Acts) are to be read as if those provisions were contained in EA 1996.