Special Educational Needs and Disability Act 2001 (c. 10)

In the Education Act 1996 (“ the 1996 Act ”), for section 316 substitute— (1) This section applies to a child with special educational needs who should be educated in a school. (2) If no statement is maintained under section 324 for the child, he must be educated in a mainstream school. (3) If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with— (a) the wishes of his parent, or (b) the provision of efficient education for other children. (4) In this section and section 316A “ mainstream school ” means any school other than— (a) a special school, or (b) an independent school which is not— (i) a city technology college, (ii) a city college for the technology of the arts, or (iii) a city academy.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 S. 2 repealed (1.9.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 3 para. 24(2) (with s. 24(3) ); S.I. 2014/889 , art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 ) Commencement Information I2 S. 2 not in force at Royal Assent see s. 43(3); s. 2 in force for E. at 1.1.2002 by S.I. 2001/2217 , art. 5 , Sch. Pt. II ; S.I. 2001/2614 , art. 4 ; s. 2 in force for W. at 1.4.2002 by S.I. 2002/74 , art. 5 , Sch. Pt. II