Part 4Regulation and inspection of independent educational provision in England

Chapter 2Schools providing for special educational needs

Independent schools in England

I1146Abolition of requirement of approval for independent schools: England

1

Section 347 of the Education Act 1996 (c. 56) (approval of independent schools) is amended as follows.

2

In subsection (1) —

a

for “The Secretary of State” substitute “ The Welsh Ministers ”;

b

after “independent school” insert “ in Wales ”.

3

In subsection (3) for “the Secretary of State sees” substitute “ the Welsh Ministers see ”.

4

In subsection (4) for “the Secretary of State may withdraw his” substitute “ the Welsh Ministers may withdraw their ”.

5

In subsection (5)—

a

for “a child with special educational needs” substitute “ a relevant child ”;

b

in paragraph (a) for “the Secretary of State” substitute “ the Welsh Ministers ”;

c

in paragraph (b), for “the Secretary of State is” substitute “ the Welsh Ministers are ”, and for “consents” substitute “ consent ”.

6

After subsection (5) insert—

5ZA

In subsection (5) “a relevant child” means a child with special educational needs—

a

for whom a local education authority in Wales maintain a statement under section 324, or

b

for whom no local education authority maintain such a statement and who is in the area of a local education authority in Wales.

7

In subsection (5A)—

a

for “But that” substitute “ Subsection (5) ”;

b

after “local education authority” insert “ in Wales ”.