Part IVE+W Special educational needs

Modifications etc. (not altering text)

Chapter IIE+W Schools providing for special educational needs

[F1Approval of non-maintained special schools]E+W

Textual Amendments

F1S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

X1[F2342 Approval of non-maintained special schools.E+W

(1)The [F3appropriate national authority] may approve under this section any school which—

(a)is specially organised to make special educational provision for pupils with special educational needs, and

(b)is not a community or foundation special school [F4or an Academy school],

and may give F5... approval before or after the school is established.

(2)Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3)Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4)Regulations may make provision as to—

(a)the requirements which are to be complied with by a school while approved under this section, and

(b)the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5)Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—

(a)which call for arrangements to be approved by the [F6appropriate national authority], or

(b)as to the organisation of any special school as a primary school or as a secondary school.

[F7(5A)Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—

(a)receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and

(b)attends religious worship unless withdrawn from attendance at such worship—

(i)in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and

(ii)in any other case, in accordance with the wishes of the pupil's parent.

(5B)In subsection (5A) “a sixth-form pupil” means a pupil who—

(a)has ceased to be of compulsory school age, and

(b)is receiving education suitable to the requirements of pupils over compulsory school age.]

(6)Regulations shall make provision for securing that, so far as practicable, every pupil attending a [F8school in Wales that is] approved under this section—

(a)receives religious education and attends religious worship, or

(b)is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.]

Editorial Information

X1S. 342: With effect from 1.9.1999 s. 342 became subsumed by new cross-heading "Approval of non-maintained special schools". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Textual Amendments

F2S. 342 and cross-heading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3Words in s. 342(1) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(3)(a), 173(4); S.I. 2010/1093, art. 2(a)

F4Words in s. 342(1)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 37; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F6Words in s. 342(5)(a) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(4), 173(4); S.I. 2010/1093, art. 2(a)

F8Words in s. 342(6) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 143(3), 173(4); S.I. 2010/1093, art. 2(a)

Modifications etc. (not altering text)