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Part VIE+W School admissions, attendance and charges

Chapter IIE+W School attendance

School attendance ordersE+W

441 Choice of school: child with statement of special educational needs.E+W

(1)Subsections (2) and (3) apply where a local education authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain a statement under section 324.

(2)Where the statement specifies the name of a school, that school shall be named in the order.

(3)Where the statement does not specify the name of a school—

(a)the authority shall, F1. . ., amend the statement so that it specifies the name of a school, and

(b)that school shall then be named in the order.

[F2(3A)An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).]

(4)Where—

(a)a school attendance order is in force in respect of a child for whom the local education authority maintain a statement under section 324, and

(b)the name of the school specified in the statement is changed,

the local education authority shall amend the order accordingly.

Textual Amendments

F1Words in s. 441(3)(a) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1)(6), Sch. 8 para. 15(2), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F2S. 441(3A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 15(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II