Explanatory note

These Regulations (which further amend the Education (Assisted Places) Regulations 1997) are made in exercise of the power conferred on the Secretary of State by section 3(2)(g) of the Education (Schools) Act 1997 which was added by section 130(1) of the School Standards and Framework Act 1998.

The Regulations provide for the Secretary of State to authorise the transfer of an assisted place provided under section 2(1) of the 1997 Act from one former participating school to another (or to a new school authorised under regulation 19 of the 1997 Regulations) in any case where the Secretary of State is satisfied that it is reasonable to permit such a transfer in view of any particular circumstances relating to the child concerned (regulation 7). Previously the Secretary of State could authorise the transfer of an assisted place only where a former participating school closes, merges with another school or ceases to provide assisted places.

Provision is also made for the Secretary of State to notify the replacement school of the terms upon which the transfer is to take place (regulation 8).

Consequential amendments are made to certain provisions of the 1997 Regulations (regulations 3 to 6), and to the Education (Assisted Places) (Amendment) Regulations 1998 (regulation 9).