Part 4Regulation and inspection of independent educational provision in England
Chapter 2Schools providing for special educational needs
Non-maintained special schools in England
I2142Interpretation
1
For section 337 of the Education Act 1996 (c. 56) (special schools) and the italic heading preceding it substitute—
Interpretation
337Special schools
A school is a special school if—
a
it is specially organised to make special educational provision for pupils with special educational needs, and
b
in the case of a school that is not maintained by a F1local authority, it is approved under section 342.
337AInterpretation of Chapter
In this Chapter—
“a non-maintained special school” means a school that is approved under section 342;
“the appropriate national authority” means—
- a
in relation to a school in England, the Secretary of State;
- b
in relation to a school in Wales, the Welsh Ministers.
2
Section 342 of that Act (approval of non-maintained special schools) is amended as follows.
3
In subsection (1)—
a
for “Secretary of State” substitute “
appropriate national authority
”
;
b
omit “his”.
4
In subsection (5)(a) for “Secretary of State” substitute “
appropriate national authority
”
.
I3143Right of sixth-form pupils to opt out of religious worship
1
Section 342 of the Education Act 1996 is amended as follows.
2
After subsection (5) insert—
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receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and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attends religious worship unless withdrawn from attendance at such worship—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.
3
In subsection (6) for “special school” substitute “
school in Wales that is
”
.
I4144Protection of pupils in an emergency
After section 342 of the Education Act 1996 (c. 56) insert—
Non-maintained special schools in England: protection of pupils in an emergency
342AApplication to justice of the peace: power to make regulations
1
Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.
2
Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—
a
section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or
b
section 122 of that Act (notification).
I5145Appeals
After section 342A of the Education Act 1996 (inserted by section 144) insert—
Non-maintained special schools in England: appeals
342BAppeal against decision of Secretary of State
1
Regulations may make provision for an appeal against a decision of the Secretary of State—
a
to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;
b
not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.
2
In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).
3
Regulations under this section must provide that an appeal brought by virtue of this section—
a
lies to the First-tier Tribunal, and
b
must be brought by the proprietor of the school in question.
4
The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—
a
an appeal against the decision could be brought, or
b
where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
342CAppeal against order of justice of peace
1
Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).
2
The regulations must provide that an appeal brought by virtue of this section—
a
lies to the First-tier Tribunal, and
b
must be brought by the proprietor of the school in question.
Independent schools in England
F3146Abolition of requirement of approval for independent schools: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1147Approval of independent schools: consequential amendments
1
Section 349 of the Education Act 1996 (c. 56) (variation of trust deeds by order) is amended as follows.
2
In subsection (1)—
F5a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
omit “or 347”.
F73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Section 483A of that Act (city colleges and academies: special educational needs) is amended as follows.
5
6
In subsection (4) of that section for “The Secretary of State” substitute “
The appropriate national authority
”
.
7
At the end of that section add—
6A
In subsection (4) “the appropriate national authority” means—
a
in relation to a school in England, the Secretary of State;
b
in relation to a school in Wales, the Welsh Ministers.
F28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4148Approval of independent schools: transitional provision
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .