Paragraph 1 Interpretation

In this Schedule—

• “the 1996 Act” means the Education Act 1996;

• “the 2000 Act” means the Learning and Skills Act 2000^f1;

• “the 2005 Act” means the Mental Capacity Act 2005^f2;

• “agreed provision” in respect of a beneficiary^f3 means the qualifying goods and services or that part of those goods and services which it is agreed is to be secured by means of direct payments in accordance with paragraph 10^f4;

• “college” means the institution attended or to be attended by the beneficiary in relation to an assessment of their learning difficulties arranged in accordance with section 139A of the 2000 Act^f5;

• “local authority” means the local authority that—

  1. (a)

     maintains a statement of special educational needs under section 324 of the 1996 Act for a beneficiary or is responsible for arranging an assessment of a beneficiary’s learning difficulties in accordance with section 139A of the 2000 Act; or

  2. (b)

     is responsible for arranging transport or anything else that may be the subject of arrangements under section 508B(1)^f6, 508F(1)^f7 or 509AA(7)(b)^f8 of the 1996 Act that apply in relation to a beneficiary;

• “nominee” means a person nominated in accordance with paragraph 7;

• “qualifying goods and services” means any of the goods and services mentioned in section 532A(2) of the 1996 Act that are, in the case of a beneficiary, specified in a statement of special educational needs under section 324 of the 1996 Act, identified in a learning difficulty assessment under section 139A of the 2000 Act, or the subject of arrangements under section 508B(1), 508F(1) or 509AA(7) of the 1996 Act;

• “representative” means—

  1. (a)

     in the case of a parent^f9 of a beneficiary—

     1. (i)

        where a deputy has been appointed by the Court of Protection under section 16(2)(b) of the 2005 Act (powers to appoint deputies) to make decisions on the parent’s behalf in relation to qualifying goods and services, any such deputy;

     2. (ii)

        where the parent has appointed a donee of a lasting power of attorney within the meaning of section 9 of the 2005 Act (lasting powers of attorney) to make decisions on the parent’s behalf in relation to qualifying goods and services, any such donee;

     3. (iii)

        where the parent has created an enduring power of attorney within the meaning of Schedule 4 to the 2005 Act (provisions applying to existing enduring powers of attorney), which is registered in accordance with paragraphs 4 and 13 of that Schedule or in respect of which an application has been made for such registration, any attorney in whom the power is vested;

  2. (b)

     in the case of a beneficiary who has attained the age of 16, but does not have capacity to consent to the making of direct payments to them, the parent of the beneficiary, or the parent’s representative, as the case may be.