Education and Skills Act 2008

148 Approval of independent schools: transitional provision

(1) This section applies where, immediately before the coming into force of section 146, a relevant child is being educated in an independent school in England and—

(a) the school is for the time being approved by the Secretary of State under section 347 of the Education Act 1996 (c. 56), or

(b) the Secretary of State has consented to the child being educated there under subsection (5)(b) of that section.

(2) In subsection (1) “a relevant child” means a child with special educational needs—

(a) for whom a local education authority in Wales maintains a statement under section 324 of the Education Act 1996 (statement of special educational needs), or

(b) for whom no local education authority maintains such a statement and who is in the area of a local education authority in Wales.

(3) On the coming into force of section 146 the Welsh Ministers are deemed to have consented, under section 347(5)(b) of the Education Act 1996, to the child being educated at the school.

(4) The Welsh Ministers may withdraw consent deemed to have been given under subsection (3) as if it had in fact been given.

(5) In this section “child” has the same meaning as in Part 4 of the Education Act 1996 (see section 312(5) of that Act).