Statutory Instrument 1994 No. 651

The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

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© Crown Copyright 1994

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1994 No. 651

EDUCATION, ENGLAND AND WALES

The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994

In exercise of the powers conferred by sections 172(6), 189(2) and 301(6) of the Education Act 1993^[1], the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation and Commencement
    1.    These Regulations may be cited as the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 and shall come into force on 1st April 1994.

Interpretation
    2.—(1)  In these Regulations—

"the 1993 Teachers Regulations" means the Education (Teachers) Regulations 1993^[2];


"the Act of 1993" means the Education Act 1993;


"approval" means approval of a school for the purposes of section 189(1) of the Act of 1993 and "approved" in relation to such a school shall be construed accordingly;


"boarding school" means a school which has boarders whether or not it also has day children, and "boarder" includes a child at a boarding school who is accommodated there during the week, but not at weekends, in the school term;


"child with a statement" means a child for whom a statement is maintained under section 168 of the Act of 1993;


"head of care" means a person who is in daily charge of the care and welfare of boarders;


"hearing impaired" means deaf or partially hearing;


"local authority" means a local authority acting in the discharge of their functions under any of the enactments specified in Schedule 1 to the Local Authority Social Services Act 1970^[3] (enactments conferring functions assigned to the social services committee) or, so long as an order under section 12 of that Act is in force, the Council of the Isles of Scilly;


"non-maintained special school" means a school which is not maintained by a local education authority and is not a grant-maintained school or a grant-maintained special school, but which has been approved as a special school under section 188 of the Act of 1993 (including approval treated as given under subsection (3) of that section);


"relevant local education authority" in relation to a child with a statement, means the local education authority by whom the statement is maintained; and


"visually impaired" means blind or partially sighted.

    (2)  Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of the regulation or Schedule, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.

Conditions of approval of independent schools
    3.    The requirements set out in Schedule 1 shall be complied with by an independent school as a condition of its approval for the purposes of section 189(1) of the Act of 1993.

Requirements to be complied with by an approved independent school
    4.    While an approval is in force with respect to an independent school the school shall comply with the requirements set out in Schedules 1 and 2.

Withdrawal of approval
    5.—(1)  Subject to paragraph (2), the Secretary of State may withdraw his approval of a school on the ground that, in the case of that school, there has been a failure to comply with any of the requirements referred to in regulation 4.

    (2)  Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of children at the school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without—
 (a) consulting the proprietor of the school, and
 (b) if the proprietor so requests, affording the school a period specified by the Secretary of State within which to comply with the requirement with which the school has not complied.

    (3)  The Secretary of State shall withdraw his approval of a school if the proprietor thereof in writing requests him so to do.

Revocation
    6.    The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1991^[4] are hereby revoked.

[1] 1993 c. 35. For matters to be prescribed and the definition of "regulations" see section 305(1) of this Act. back

[2] S.I. 1993/543, amended by S.I. 1994/222. back

[3] 1970 c. 42. back

[4] S.I. 1991/449. back

Explanatory Note