(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 1994 are hereby revoked in relation to England.

(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.

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.

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).

(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)    these Regulations;

(b)    Regulations from time to time in force under section 218 of the Education Reform Act 1988;

(c)    Regulations made under section 27 of the Education Act 1980 to 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)    Regulations from time to time in force under section 542 of 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)    consulting the governing body thereof, and

(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

These Regulations revoke the Education (Special Schools) Regulations 1994 and replace them in respect of special schools which are not maintained by a local education authority (“non-maintained special schools”). Provisions relating to maintained special schools are contained in the Education (Maintained Special Schools) (England) Regulations 1999 (SI 1999/2212).

They make provision for the approval of non-maintained special schools by the Secretary of State. They prescribe the requirements which must be observed by such schools in order to be approved and while such approval is in force.

Provision is made for withdrawal of such approval.