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Education (Non-Maintained Special Schools) (England) Regulations 1999

As Enacted Cited authorities 29 Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1999/2257
Year1999

1999 No. 2257

EDUCATION, ENGLAND AND WALES

The Education (Non-Maintained Special Schools) (England) Regulations 1999

Made 9th August 1999

Laid before Parliament 11th August 1999

Coming into force 1st September 1999

In exercise of the powers conferred on the Secretary of State by sections 328(6), 339, 342(2), (4), (5) and (6), 568(5) and 569(4) of the Education Act 19961, the Secretary of State for Education and Employment hereby makes the following regulations:

S-1 Citation, commencement, extent and revocation

Citation, commencement, extent and revocation

1.—(1) These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) Regulations 1999 and shall come into force on 1st September 1999.

(2) These Regulations apply to non-maintained special schools in England.

(3) The Education (Special Schools) Regulations 19942are hereby revoked in relation to England.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations–

“the 1996 Act” means the Education Act 1996;

“maintained special school” means a community or foundation special school;

“non-maintained special school” means a school which is not maintained by a local education authority and which has been approved as a special school under section 342 of the 1996 Act;

“registered pupil” means a pupil registered as such in the register kept in accordance with section 434 of the 1996 Act;

“relevant person” means, in relation to a non-maintained special school, the person or body of persons responsible for the management of the school.

“special school” has the meaning assigned to it by section 337 of the 1996 Act;

(2) Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained therein 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.

S-3 Conditions of Approval

Conditions of Approval

3. The requirements set out in Part I of the Schedule shall be complied with by any non-maintained special school as a condition of its approval under section 342(1) of the 1996 Act.

S-4 Requirements to be complied with

Requirements to be complied with

4. The requirements set out in Parts I and II of the Schedule shall be complied with by any non-maintained special school while approved under section 342 of the 1996 Act (including approval treated as given under section 342(3) of that section).

S-5 Withdrawal of approval

Withdrawal of approval

5.—(1) Subject to paragraph (2), the Secretary of State may withdraw his approval from a school on the ground that, in the case of that school, there has been a failure to comply with any requirement applicable to the school and contained in–

(a)

(a) these Regulations;

(b)

(b) Regulations from time to time in force under section 218 of the Education Reform Act 19883;

(c)

(c) Regulations made under section 27 of the Education Act 19804to the extent that they continue to have effect on the repeal of that section and the coming into force of section 218 of the Act of 1988 on 1st April 1989; or

(d)

(d) Regulations from time to time in force under section 5425of the 1996 Act.

(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 pupils at a school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without–

(a)

(a) consulting the governing body thereof, and

(b)

(b) if that governing body so request, affording the school a period specified by him within which to comply with the requirement which has not been complied with;

but, if he so directs, pending compliance with that requirement, the arrangements as respects the matter to which it relates shall be such as are temporarily approved by him.

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

David Blunkett

Secretary of State for Education and Employment

9th August 1999

The Schedule

Regulations 3 and 4

Requirements

1 CONDITIONS OF APPROVAL AND CONTINUING REQUIREMENTS

PART I

CONDITIONS OF APPROVAL AND CONTINUING REQUIREMENTS

SCH-1.1

1.Special educational provision

(1) The arrangements as respects

(a)

(a) the pupils for whom provision is made categorised by reference to

(i) the number, age and sex of day and of boarding pupils, respectively, and

(ii) their respective special educational needs, and

(b)

(b) the special educational provision made for those pupils, shall be such as have been approved by the Secretary of State.

(2) An approval given for the purposes of this paragraph may be expressed to have effect for only a limited period and is subject to such conditions, if any, as are specified therein being observed.

SCH-1.2

2.Governing body

The arrangements as respects the governing body (including, in particular, the composition and functions of that body and the appointment or election of the members thereof) shall be such as have been approved by the Secretary of State.

SCH-1.3

3.Welfare of pupils

The governing body shall make such arrangements for safeguarding and promoting the health, safety and welfare of the pupils at the school as are approved by the Secretary of State, and shall secure so far as is practicable that such arrangements are carried out.

SCH-1.4

4.School not to be conducted for profit

(1) The school shall not be conducted for profit.

(2) No member of the staff shall have a financial interest therein otherwise than by reason only of his being employed for the purposes thereof at a salary unrelated to the financial performance of the school.

SCH-1.5

5.Premises

(1) The premises of the school shall, subject to sub-paragraph (2), conform to the standards prescribed by regulations from time to time in force under section 542 of the 1996 Act and applicable in the case of a maintained special school.

(2) If the Secretary of State is satisfied with respect to the school that it would be unreasonable to require conformity with a requirement of the said regulations as to any matter having regard to all the circumstances of the case, he may give a direction that the school premises shall, while the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.

2 FURTHER CONTINUING REQUIREMENTS

PART II

FURTHER CONTINUING REQUIREMENTS

SCH-1.6

6.Changes as respects special educational provision or governing body

(1) Where any change is proposed in the arrangements mentioned in paragraphs 1 or 2, the Secretary of State shall be given written notice of the proposed change by the relevant person and effect shall not be given to the proposal unless and until the changed arrangements have been approved by him for the purposes of the paragraph in question.

(2) If the arrangements mentioned in paragraph 2 do not provide for the governing body to include–

(a)

(a) at least one member appointed by one or more local education authorities,

(b)

(b) at least one member elected by teachers at the school from among their number, and

(c)

(c) at least one member elected by, or appointed to represent, parents of children at the school,

then, at the request of the Secretary of State and by a date specified by him, changed arrangements shall be proposed (to take effect as soon as is reasonably practicable) which would result in the governing body including such members appointed or elected as aforesaid as are specified by the Secretary of State; and any steps necessary or expedient for the purpose of making such a change shall be taken.

(3) The person who is elected or appointed under paragraph 2(c) shall be–

(a)

(a) a person who is the parent of a registered pupil at the school;

(b)

(b) a person who is the parent of a child of compulsory school age with special educational needs;

(c)

(c) a person who is the parent of a person of any age with special educational needs; or

(d)

(d) a person who is the parent of a child of compulsory school age.

(4) A person referred to in sub-paragraph 3(b), (c) or (d) shall only be elected or appointed if it is not reasonably practicable to elect or appoint a person referred to in the provision of that sub-paragraph which immediately precedes it.

SCH-1.7

7.Admissions and special educational provision

No pupil shall be admitted to the school unless he falls within the category specified in the arrangements mentioned in paragraph 1 which are for the time being approved for the purposes thereof (“the approved arrangements”) and the special educational provision made in pursuance of those arrangements shall be suited to the pupils at the school (having regard to their different ages, abilities and aptitudes and, in particular, special educational needs) and shall be efficiently provided.

SCH-1.8

8.Pupil numbers

The number of pupils at the school shall at no time exceed the number specified in the approved arrangements referred to in paragraph 7.

SCH-1.9

9.Health of pupils

(1) Provision shall be made by the relevant person–

(a)

(a) for the care and supervision of the health of the pupils at the school by appropriately qualified persons with, in the case of a school providing for pupils with a particular type of disability, experience relevant thereto, and

(b)

(b) for the maintenance of medical and dental records.

(2) Without prejudice to the generality of the foregoing, provision shall be made (by way of arrangements in pursuance of paragraph 1(b) of Schedule 1 to the National Health Service Act 19776or otherwise) for the medical and dental inspection at appropriate intervals of the pupils and their medical and dental treatment.

SCH-1.10

10.Collective worship and religious...

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