# The Non-Maintained Special Schools (England) Regulations 2015, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations make provision for the approval of non-maintained special schools by the Secretary of State, and set out the requirements which must be met for a school to continue to be approved as a non-maintained special school. They replace the Education (Non-Maintained Special Schools) (England) Regulations 2011, which are revoked by these Regulations (regulation 1(3)).
Regulation 3 provides that the proprietor must ensure that conditions of approval (set out in Part 1 of the Schedule) and the requirements following approval (set out in Part 2 of the Schedule) are met.
Regulation 4 provides that approval may be withdrawn for failure to comply with requirements in these Regulations. Approval may not be withdrawn unless written notice has been given to the proprietor and after giving the proprietor time to comply with the requirements. Approval must be withdrawn at the request of the proprietor.
Regulation 5 makes provision for a justice of the peace, on the application of the Secretary of State, to make an order, in an urgent case that a non-maintained special school in England should cease to be approved.
Regulations 6 and 7 set out the provisions for appeals and pending appeals. Appeals are made to the First-tier Tribunal.
Part 1 of the Schedule provides for the conditions of approval. These include the arrangements to be made at the school with respect to the pupils at the school and the special educational provision to be made for them (paragraph 1), the arrangements to be made with respect to the composition and proceedings of the governing body (paragraph 2) and the arrangements relating to the welfare of pupils (paragraph 3). The other conditions of approval relate to suitability of staff and the chair of the governing body, register of checks, financial interests, financial viability, premises and fire safety (paragraphs 4 to 11 of Part 1).
Part 2 of the Schedule sets out the requirements which must be complied with following approval and paragraphs 12 to 21 reflect those conditions of approval which are also continuing requirements. The other requirements include arrangements for healthcare (paragraph 23); religious education and religious worship (paragraph 24); sex education (paragraph 25); meals and refreshments (paragraph 26); co-operation with local authorities (paragraph 28); a complaints procedure (paragraph 31); and a prospectus (paragraph 33).
Hard copies of the National Minimum Standards for residential special schools and the National Minimum Standards for children’s homes may be obtained from the Independent Education and Boarding Team, Department for Education, Bishopsgate House, Feethams, Darlington DL1 5QE.
An impact assessment of the effect that this instrument will have on the costs of business and the public and voluntary sector is available from the Independent Education and Boarding Team, Department for Education, Bishopsgate House, Feethams, Darlington DL1 5QE and is accessible on the Department’s website at http://www.education.gov.uk. Copies have also been placed in the Library of each House of Parliament. An Explanatory Memorandum is available alongside this instrument at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2015/728/note (the official version)
Page: https://openlegislation.uk/non-maintained-special-schools-england-regulations-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.