Section 342 Approval of non-maintained special schools.X1C1C2F1
England and Wales
The F2Secretary of State may approve under this section any school F3in England which—
is specially organised to make special educational provision for pupils with special educational needs, and
is not a community or foundation special school F4or an Academy school,
and may give F5... approval before or after the school is established.
Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.
Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.
Regulations may make provision as to—
the requirements which are to be complied with by a school while approved under this section, and
the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—
which call for arrangements to be approved by the F6Secretary of State, or
as to the organisation of any special school as a primary school or as a secondary school.
Regulations made by virtue of subsections (2) and (4)(a) must impose—
a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,
requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and
requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),
and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.
Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—
receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and
attends religious worship unless withdrawn from attendance at such worship—
in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and
in any other case, in accordance with the wishes of the pupil's parent.
In subsection (5A) “a sixth-form pupil” means a pupil who—
has ceased to be of compulsory school age, and
is receiving education suitable to the requirements of pupils over compulsory school age.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
S. 342 and cross-heading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
- F2
Words in s. 342(1) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(a)(i), 100(3); S.I. 2021/373, art. 8(e)
- F3
Words in s. 342(1) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(a)(ii), 100(3); S.I. 2021/373, art. 8(e)
- F4
Words in s. 342(1)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 37; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
- F5
Word in s. 342(1) repealed (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(3)(b), 173(4), Sch. 2; S.I. 2010/1093, art. 2(a)(c)
- F6
Words in s. 342(5)(a) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(b), 100(3); S.I. 2021/373, art. 8(e)
- F7
S. 342(5ZA) inserted (29.4.2026 for specified purposes, 1.9.2026 in so far as not already in force) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 34(2), 78(1)(a)(5); S.I. 2026/933, reg. 2
- F8
S. 342(5A)(5B) inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 143(2), 173(4); S.I. 2010/1093, art. 2(a)
- F9
S. 342(6) omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(c), 100(3); S.I. 2021/373, art. 8(e)
Modifications
- C1
S. 342: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(a), 70(2); S.I. 2018/346, reg. 4(e)
- C2
S. 342: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(a), 70(2); S.I. 2018/346, reg. 4(f)
Editorial notes
- X1
S. 342: With effect from 1.9.1999 s. 342 became subsumed by new cross-heading "Approval of non-maintained special schools". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.
Notes on Part IV
Modifications
- C1
Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)
Notes on Approval of non-maintained special schools
Textual amendments
- F1
S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1