{
  "url": "https://openlegislation.uk/non-maintained-special-schools-england-regulations-2015/regulation-5",
  "json_url": "https://openlegislation.uk/non-maintained-special-schools-england-regulations-2015/regulation-5.json",
  "legislation": "uksi/2015/728",
  "legislation_title": "The Non-Maintained Special Schools (England) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/non-maintained-special-schools-england-regulations-2015",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Emergencies",
  "text": "(1) In an urgent case the Secretary of State may apply to a justice of the peace to make an order that a non-maintained special school in England should cease to be approved under section 342 of the 1996 Act.\n(2) If it appears to the justice that a pupil at the school in question is suffering or is likely to suffer significant harm, the justice may make the order.\n(3) An application under this regulation may be made without notice.\n(4) An order under this regulation must be in writing.\n(5) A copy of an order under this regulation must be served on the proprietor of the school by the Secretary of State as soon as reasonably practicable after the order is made.\n(6) An order under this regulation has effect from the time the copy is served on the proprietor.\n(7) As soon as reasonably practicable after an order is made under this regulation, the Secretary of State must serve on the proprietor of the school in question—\n(a) a copy of any written statement in support of the application for the order, and\n(b) notice of the right of appeal to the First-tier Tribunal against the making of an order under this regulation.\n(8) As soon as reasonably practicable after an order is made under this regulation, the Secretary of State must notify the following that the order has been made—\n(a) the local authority in whose area the school is situated; and\n(b) any other local authority that the Secretary of State, after reasonable enquiry, is aware has specified the school in an EHC plan, in respect of a pupil at the institution.\n(9) For the purposes of this regulation, “harm” has the same meaning as in the Children Act 1989 and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 1.9.2015, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 41."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/728/regulation/5",
    "retrieved_at": "2026-10-28T23:42:14.527396+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}