The Education (Non-Maintained Special Schools) (England) Regulations 1999

Withdrawal of approval

5.—(1) Subject to paragraph (2), the Secretary of State may withdraw his approval from a school on the ground that, in the case of that school, there has been a failure to comply with any requirement applicable to the school and contained in–

(a) these Regulations;

(b) Regulations from time to time in force under section 218 of the Education Reform Act 1988(1);

(c) Regulations made under section 27 of the Education Act 1980(2) to the extent that they continue to have effect on the repeal of that section and the coming into force of section 218 of the Act of 1988 on 1st April 1989; or

(d) Regulations from time to time in force under section 542(3) of the 1996 Act.

(2) Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of pupils at a school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without–

(a) consulting the governing body thereof, and

(b) if that governing body so request, affording the school a period specified by him within which to comply with the requirement which has not been complied with;

but, if he so directs, pending compliance with that requirement, the arrangements as respects the matter to which it relates shall be such as are temporarily approved by him.

(3) The Secretary of State shall withdraw his approval of a school if the relevant person requests him to do so in writing.

(1)

1988 c. 40. As at the date these Regulations are made the relevant Regulations are the Education (Schools and Further and Higher Education) Regulations 1989 (S.I. 1989/351) and the Education (Teachers) Regulations 1993 (S.I. 1993/543).

(2)

1980 c. 20. As at the date these Regulations are made the relevant Regulations are the Education (Schools and Further Education) Regulations 1981 (S.I. 1981/1086).

(3)

as amended by paragraph 158 of Schedule 30 to the School Standards and Framework Act 1998 (s.31). As at the date these Regulations are made the relevant Regulations are the Education (School Premises) Regulations 1999 (S.I. 1999/2).