Article 10 Amendment to the Education (Special Educational Needs) (City Colleges) (England) Regulations 2002

(1)

The Education (Special Educational Needs) (City Colleges) (England) Regulations 2002^f1 are amended as follows.

(2)

In regulation 1(2) (citation, commencement and interpretation)—

(a)

in the definition of a “relevant child”, for “a statement is maintained under section 324 of the Act” substitute “an EHC plan is maintained under section 37 of the Children and Families Act 2014”; and

(b)

for the definition “statemented provision” substitute the following definition—

“special provision” means special educational provision specified in an EHC plan maintained under section 37(1) of the Children and Families Act 2014”.

(3)

In regulation 2 (payment and assistance), for “statemented provision”, both times where it occurs, substitute “special provision”.

(4)

For regulation 4 (precedence of duty under section 324(5) of the Act) substitute—

“Precedence of duty under section 42 of the Children and Families Act 2014

4.

Nothing in these Regulations shall affect the duty of a local authority under section 42 of the Children and Families Act 2014 to secure the special educational provision which is specified in an EHC plan.”.

Annotations

Footnotes

f1: S.I. 2002/2071, amended by S.I. 2010/1172.