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The Education (Non-Maintained Special Schools) (England) Regulations 2011

Consolidated Text Cited authorities 92 Cited in Amendments 7 Related
JurisdictionUK Non-devolved
CitationSI 2011/1627
Year2011
(1) These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) Regulations 2011 and come into force on 1st September 2011.(2) These Regulations apply to non-maintained special schoolsthe Education (Non-Maintained Special Schools) (England) Regulations 1999the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2002the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2007(1) In these Regulations—
  • “the 1996 Act” means the Education Act 1996;
  • “the 1997 Act” means the Police Act 1997;
  • “the 2002 Act” means the Education Act 2002;
  • “the 2005 Act” means the Education Act 2005;
  • “the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
  • “employment business” has the meaning given by section 13(3) of the Employment Agencies Act 1973
    • and includes a local authority and a person carrying on an employment business;
  • “enhanced criminal record certificate” means a certificate within the meaning of section 113B(3) of the 1997 Act, which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;
  • “maintained special school” means a community or foundation special school
    • ;
  • “National Minimum Standards” means the national minimum standards relating to residential special schools published under section 87C(1) of the Children Act 1989 and in a case where a non-maintained special school is also a children’s home, the national minimum standards relating to children’s homes issued by the Secretary of State under section 23 of the Care Standards Act 2000;
  • “proprietor” in relation to a non-maintained special school means the governing body of the school;
  • “work” includes work of any kind, whether under a contract of service or apprenticeship, under a contract for services or otherwise than under a contract or as a volunteer.
countersigned by the proprietor as a person registered under section 120(1) of the 1997 Act or countersigned on the proprietor’s behalf by such a person, andsubmitted to the Secretary of State in accordance with section 113B of that Act; orin accordance with section 113B(2A) engaged to work at a school, other than a person supplied by an employment business, orappointed to the governing body of a school.fulfils any requirements with respect to qualifications or registration which apply to X by virtue of regulations made under sections 132 to 135 of the 2002 Act and regulations made under section 19 of the Teaching and Higher Education Act 1998,meets any conditions with respect to health and physical capacity, which apply to X by virtue of regulations made under section 141 of the 2002 Act, andis not barred from regulated activity relating to children, to vulnerable adults or to both under section 3 of the Safeguarding Vulnerable Groups Act 2006.(1) The requirements which are to be complied with as a condition of approval by the Secretary of State(2) The requirements which are to be complied with by a school while approved under section 342(1) of the 1996 Act are set out in Part 2 of the Schedule.(1) The Secretary of State may withdraw approval from a school on the ground that there has been a failure to comply with any requirement contained in these Regulations.the Secretary of State has given written notice to the proprietor specifying each requirement that must be complied with (“the specified requirement”) and the time limit within which compliance must be achieved (“the specified time limit”) , andthe proprietor has failed to comply with a specified requirement within the specified time limit.(3) The Secretary of State must withdraw approval from a school if the proprietor makes a written request to that effect.(4) Where the Secretary of State withdraws approval from a school following a request to do so from the proprietor, the Secretary of State may determine that the decision will have effect from such

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