Paragraph 6

England, Wales and Scotland

(1)

This paragraph applies for the purposes of this Schedule.

(2)

Regulations may prescribe services which are, or are not, to be regarded as being—

(a)

education;

(b)

a benefit, facility or service.

(3)

The power to make regulations is exercisable by—

(a)

in relation to England, a Minister of the Crown;

(b)

in relation to Wales, the Welsh Ministers.

(4)

“Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

(5)

“Responsible body” means—

(a)

in relation to a maintained school or a maintained nursery school, the local authority or governing body;

(b)

in relation to a pupil referral unit, the local authority;

(c)

in relation to an independent educational institution F1or an alternative provision Academy that is not an independent educational institution, the proprietor;

(d)

in relation to a special school not maintained by a local authority, the proprietor.

(6)

“Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with regulations under section 19 of the Education Act 2002) which the school has as a result of that section.

(7)

“Maintained school” has the meaning given in section 20 of the School Standards and Framework Act 1998; and “maintained nursery school” has the meaning given in section 22 of that Act.

Annotations

Textual amendments

F1: Words in Sch. 10 para. 6(5)(c) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 27