PART 3 Children and young people in England with special educational needs or disabilities

Supplementary

83 Interpretation of Part 3

(1) In this Part—

• “EA 1996” means the Education Act 1996;

• “ESA 2008” means the Education and Skills Act 2008;

• “SSFA 1998” means the School Standards and Framework Act 1998.

(2) In this Part—

• “appropriate person” has the meaning given by section 70(5);

• “beginning of the detention” has the meaning given by section 70(6);

• “detained person” has the meaning given by section 70(5);

• “detained person’s EHC needs assessment” has the meaning given by section 70(5);

• “education, health and care provision” has the meaning given by section 26(2);

• “EHC needs assessment” has the meaning given by section 36(2);

• “EHC plan” means a plan within section 37(2);

• “health care provision” has the meaning given by section 21(3);

• “the home authority” has the meaning given by section 70(6) (subject to subsection (7) of that section);

• “mainstream post-16 institution” means a post-16 institution that is not a special post-16 institution;

• “mainstream school” means—

  (a)

  a maintained school that is not a special school, or

  (b)

  an Academy school that is not a special school;

• “maintained school” means—

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school not established in a hospital;

• “post-16 institution” means an institution which—

  (a)

  provides education or training for those over compulsory school age, but

  (b)

  is not a school or other institution which is within the higher education sector or which provides only higher education;

• “proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution;

• “relevant early years education” has the meaning given by section 123 of SSFA 1998;

• “relevant youth accommodation” has the meaning given by section 70(5);

• “social care provision” has the meaning given by section 21(4);

• “social services functions” in relation to a local authority has the same meaning as in the Local Authority Social Services Act 1970;

• “special educational needs” has the meaning given by section 20(1);

• “special educational provision” has the meaning given by section 21(1) and (2);

• “special post-16 institution” means a post-16 institution that is specially organised to make special educational provision for students with special educational needs;

• “training” has the same meaning as in section 15ZA of EA 1996;

• “young person” means a person over compulsory school age but under 25.

(3) A child or young person has a disability for the purposes of this Part if he or she has a disability for the purposes of the Equality Act 2010.

(4) A reference in this Part to “education”—

(a) includes a reference to full-time and part-time education, but

(b) does not include a reference to higher education,

and “educational” and “educate” (and other related terms) are to be read accordingly.

(5) A reference in this Part to—

(a) a community, foundation or voluntary school, or

(b) a community or foundation special school,

is to such a school within the meaning of SSFA 1998.

(6) A reference in this Part to a child or young person who is “in the area” of a local authority in England does not include a child or young person who is wholly or mainly resident in the area of a local authority in Wales.

(7) EA 1996 and the preceding provisions of this Part (except so far as they amend other Acts) are to be read as if those provisions were contained in EA 1996.