Education Act 1996

14 (1) Section 438 shall have effect as if for subsection (5) there were substituted—

“(5) If—

(a) within the period mentioned in subsection (3), the parent—

(i) applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school, and

(ii) in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application,

(b) the child is offered a place at the school, and

(c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule,

that school shall be named in the order.”

(2) Section 440 shall have effect as if for subsection (3) there were substituted—

“(3) If at any time—

(a) the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order,

(b) the child is offered a place at the school,

(c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule, and

(d) the parent requests the local education authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.”