Statutory Instrument 1994 No. 652

The Education (Special Schools) Regulations 1994

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© Crown Copyright 1994

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1994 No. 652

EDUCATION, ENGLAND AND WALES

The Education (Special Schools) Regulations 1994

In exercise of the powers conferred on the Secretary of State by sections 172(6), 183(2) and (6), 188(2), (4), (5) and (6) 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 Schools) Regulations 1994 and shall come into force on 1st April 1994.

Interpretation
    2.—(1)  In these Regulations—

"the 1993 Act" means the Education Act 1993;


"funding authority" has the meaning assigned to it by section 5 of the 1993 Act;


"grant-maintained special school" means a special school conducted by a governing body incorporated in pursuance of proposals for the purpose—
 (a) made by the funding authority under section 183 of the 1993 Act, or
 (b) made by a governing body under section 186 of the 1993 Act;


"maintained special school" means a special school maintained by a local education authority;


"non-maintained 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;


"non-maintained special school" means a non-maintained school which has been approved as a special school under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section);


"proprietor" means the person or body of persons responsible for the management of a school;


"registered pupil" means a pupil registered as such in the register kept in accordance with section 80 of the Education Act 1944^[2];


"school" has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992^[3];


"special school" means a school which is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 156 of the 1993 Act) and which is for the time being approved by the Secretary of State under section 188 of the 1993 Act, including approval treated as given under subsection (3) of that section.

    (2)  Except where the context otherwise requires, any references in these Regulations to a regulation or Schedule is a reference to a regulation contained therin or to the Schedule thereto, any reference to a paragraph is a reference to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.

Revocation
    3.    The Education (Approval of Special Schools) Regulations 1983^[4] and the Education (Approval of Special Schools) (Amendment) Regulations 1991^[5] 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] 1944 c. 31; and see the Pupil's Registration Regulations 1956, S.I. 1956/357, as amended by S.I. 1987/1285, 1988/1185 and 1991/1582. back

[3] 1992 c. 13.Section 14(5) is amended by section 304(1) of the Education Act 1993. back

[4] S.I. 1983/1499. back

[5] S.I.1991/450. back

Explanatory Note