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

PART I CONDITIONS OF APPROVAL AND CONTINUING REQUIREMENTS

Special educational provision

1.—(1) The arrangements as respects

(a) the pupils for whom provision is made categorised by reference to

(i) the number, age and sex of day and of boarding pupils, respectively, and

(ii) their respective special educational needs, and

(b) the special educational provision made for those pupils, shall be such as have been approved by the Secretary of State.

(2) An approval given for the purposes of this paragraph may be expressed to have effect for only a limited period and is subject to such conditions, if any, as are specified therein being observed.

Governing body

2.  The arrangements as respects the governing body (including, in particular, the composition and functions of that body and the appointment or election of the members thereof) shall be such as have been approved by the Secretary of State.

Welfare of pupils

3.  The governing body shall make such arrangements for safeguarding and promoting the health, safety and welfare of the pupils at the school as are approved by the Secretary of State, and shall secure so far as is practicable that such arrangements are carried out.

School not to be conducted for profit

4.—(1) The school shall not be conducted for profit.

(2) No member of the staff shall have a financial interest therein otherwise than by reason only of his being employed for the purposes thereof at a salary unrelated to the financial performance of the school.

Premises

5.—(1) The premises of the school shall, subject to sub-paragraph (2), conform to the standards prescribed by regulations from time to time in force under section 542 of the 1996 Act and applicable in the case of a maintained special school.

(2) If the Secretary of State is satisfied with respect to the school that it would be unreasonable to require conformity with a requirement of the said regulations as to any matter having regard to all the circumstances of the case, he may give a direction that the school premises shall, while the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.