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

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Extract

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

Statutory Instruments

Education

Made

4 th July 2011

Laid before Parliament

8 th July 2011

Coming into force

1 st September 2011

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 328(6) , 342(2) , (4) , (5) and (5 A) , 342 B and 569(4) of the Education Act 1996(1).

Citation, commencement, application and revocation

1.—(1) These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) Regulations 2011 and come into force on 1 st September 2011.

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

(3) The following Regulations are revoked—

(a) the Education (Non-Maintained Special Schools) (England) Regulations 1999(3) ,

(b) the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2002(4) , and

Interpretation

2.—(1) In these Regulations—

“the 1996 Act” means the Education Act 1996;

“the 1997 Act” means the Police Act 1997(6);

“the 2002 Act” means the Education Act 2002(7);

“the 2005 Act” means the Education Act 2005(8);

“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills(9);

“employment business” has the meaning given by section 13(3) of the Employment Agencies Act 1973(10) 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 113 B(3) of the 1997 Act(11) , which includes suitability information relating to children within the meaning of section 113 BA(2) of that Act;

“maintained special school” means a community or foundation special school(12);

“National Minimum Standards” means the national minimum standards relating to residential special schools(13) published under section 87 C(1) of the Children Act 1989(14) 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(15) 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 ...

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