OpenLegislation

Section 115 Persons with special educational needsF4I1C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16

England and Wales

F1(1)

The Secretary of State must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a) or (b).

(2A)

The Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a).

(2B)

The persons referred to above are—

(a)

persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained;

(b)

persons who are subject to adult detention.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 115(1)-(2B) substituted for s. 115(1)(2) (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 10 (with s. 102)

F2

S. 115(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(c); S.I. 2014/889, art. 7(a)

F3

S. 115(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(c); S.I. 2014/889, art. 7(a)

F4

Words in s. 115 heading substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 93(d); S.I. 2014/889, art. 7(a)

Modifications

C1

S. 115 applied (with modifications) (6.11.2018) by The Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1146), arts. 1(1), 6, Sch. (with art. 1(2))

C2

S. 115 applied (with modifications) (6.11.2018) by The Liverpool City Region Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1142), arts. 1(1), 6, Sch. (with art. 1(2))

C3

S. 115 applied (with modifications) (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 6, Sch. (with art. 1(2))

C4

S. 115 applied (with modifications) (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 6, Sch. (with art. 1(2))

C5

S. 115 applied (with modifications) (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 6, Sch. (with art. 1(2))

C6

S. 115 applied (with modifications) (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 6, Sch. (with art. 1(2))

C7

S. 115 applied (with modifications) (5.11.2019) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 (S.I. 2019/1457), arts. 1(1), 6, Sch. (with art. 1(2))

C8

S. 115 applied (with modifications) (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 9, Sch. 1

C9

S. 115 applied (with modifications) (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 9, Sch. 1

C10

S. 115 applied (with modifications) (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 32, Sch. 3 (with art. 9)

C11

S. 115 applied (with modifications) (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Cornwall Council (Adult Education Functions) Regulations 2025 (S.I. 2025/603), regs. 1(1), 6, Sch.

C12

S. 115 applied (with modifications) (with application in accordance with art. 1(3)(4) of the amending S.I.) by The York and North Yorkshire Combined Authority (Adult Education Functions) Order 2025 (S.I. 2025/601), arts. 1(1), 6, Sch.

C13

S. 115 applied (with modifications) (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The East Midlands Combined County Authority (Adult Education Functions) Regulations 2025 (S.I. 2025/602), regs. 1(1), 6, Sch.

C14

S. 115 applied (with modifications) (22.4.2026) by The Warwickshire County Council (Adult Education Functions) Regulations 2026 (S.I. 2026/448), regs. 1(1), 6, Sch. para. 8 (with reg. 1(3)(4))

C15

S. 115 applied (with modifications) (22.4.2026) by The Surrey County Council (Adult Education Functions) Regulations 2026 (S.I. 2026/447), regs. 1(1), 6, Sch. para. 8 (with reg. 1(3)(4))

C16

S. 115 applied (with modifications) (22.4.2026) by The Buckinghamshire Council (Adult Education Functions) Regulations 2026 (S.I. 2026/446), regs. 1(1), 6, Sch. para. 8 (with reg. 1(3)(4))

Commencement

I1

S. 115 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Notes on Part 4

Textual amendments

F1

Pt. 4 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(a)

Notes on Chapter 3

Textual amendments

F1

Words in Pt. 4 Ch. 3 title omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(d)