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Education Act 1996, Cross Heading: Independent schools providing special education is up to date with all changes known to be in force on or before 13 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)[F1The Welsh Ministers] may approve an independent school [F2 in Wales] as suitable for the admission of children for whom statements are maintained under section 324.
(2)Regulations may make provision as to—
(a)the requirements which are to be complied with by a school as a condition of its approval under this section,
(b)the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and
(c)the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(3)An approval under this section may be given subject to such conditions (in addition to those prescribed) as [F3the Welsh Ministers see] fit to impose.
(4)In any case where there is a failure to comply with such a condition imposed under subsection (3), [F4the Welsh Ministers may withdraw their] approval.
(5)No person shall so exercise his functions under this Part that [F5a relevant child] is educated in an independent school unless—
(a)the school is for the time being approved by [F6the Welsh Ministers] as suitable for the admission of children for whom statements are maintained under section 324, or
(b)[F7the Welsh Ministers are] satisfied that there is a place available for the child at the school and [F8consent] to the child being educated there.
[F9(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.]
[F10(5A)[F11Subsection (5)] does not apply to a local education authority [F12 in Wales] deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]
Textual Amendments
F1Words in s. 347(1) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(2)(a), 173(4); S.I. 2009/1513, art. 3
F2Words in s. 347(1) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(2)(b), 173(4); S.I. 2009/1513, art. 3
F3Words in s. 347(3) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(3), 173(4); S.I. 2009/1513, art. 3
F4Words in s. 347(4) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(4), 173(4); S.I. 2009/1513, art. 3
F5Words in s. 347(5) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(a), 173(4); S.I. 2009/1513, art. 3
F6Words in s. 347(5)(a) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(b), 173(4); S.I. 2009/1513, art. 3
F7Words in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3
F8Word in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3
F9S. 347(5ZA) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(6), 173(4); S.I. 2009/1513, art. 3
F10S. 347(5A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
F11Words in s. 347(5A) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(7)(a), 173(4); S.I. 2009/1513, art. 3
F12Words in s. 347(5A) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(7)(b), 173(4); S.I. 2009/1513, art. 3
Modifications etc. (not altering text)
C1S. 347(5)(b) modified (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 148(3), 173(4); S.I. 2009/1513, art. 3
(1)This section applies where—
(a)special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school, and
(b)either the name of the school is specified in a statement in respect of the child under section 324 or the local education authority are satisfied—
(i)that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and
(ii)that it is appropriate for the child to be provided with education at the particular school.
(2)Where this section applies, the local education authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—
(a)board and lodging are provided for him at the school, and
(b)the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,
the authority shall pay the whole of the fees payable in respect of the board and lodging.
[F13(3)In this section “maintained school” means a school maintained by a local education authority.]
Textual Amendments
F13S. 348(3) substituted (1.9.1999) for s. 348(3)(a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para.84 (with ss. 138(9), 144(6))
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