SCHEDULE 1Amendment of Education Subordinate Legislation

Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

1.—(1) The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994(1) are amended as follows.

(2) In regulation 2—

(a)omit the definition of “local authority”;

(b)in the definition of “non-maintained special school” for “local education authority” substitute “local authority”;

(c)for the definition of “relevant local education authority” substitute—

  • “relevant local authority” in relation to a child with a statement means the local authority by whom the statement is maintained;.

(3) In Schedule 1—

(a)for paragraph 5(2) substitute—

(2) Before any decision is taken as to whether a child is to be excluded the proprietor or head teacher shall, unless it would not be appropriate to do so in any case, give written notice to—

(a)his parents;

(b)the local authority in whose areas the school is situated; and

(c)(if different) the local authority who have arranged for the placing of the child,

stating the grounds for the proposed exclusion, and shall take into account any representation made by them.;

(b)in paragraphs 8 and 10(1) for “local education authority” substitute “local authority”.

(4) In Schedule 2—

(a)in paragraph 6 for “the local education authority in whose area the school is situated, any local education authority or, as the case may be, local authority who have arranged the placing of a child at the school and the local authority in whose area the school is situated” substitute “the local authority in whose area the school is situated and any other local authority who have arranged the placing of a child at the school”;

(b)in the heading to paragraph 8 for “local education authorities” substitute “local authorities”;

(c)in paragraphs 8(1) and (5), 9(1) and 10(1)(b) and (3)(b) for “local education authority” substitute “local authority”;

(d)in paragraph 11(1) omit “local education authority or”;

(e)in paragraph 11(2) for “a local authority or the relevant local education authority” substitute “the local authority in whose area the school is situated and (if different) the relevant local authority”; and

(f)in paragraph 12(3) omit “local education authority or, as the case may be”.