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The Special Educational Needs and Disability Regulations 2014

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This is the original version (as it was originally made).

PART 1Introduction

Citation and commencement

1.  These Regulations may be cited as the Special Educational Needs and Disability Regulations 2014 and come into force on 1st September 2014.

Interpretation

2.—(1) In these Regulations(1)—

“the Act” means the Children and Families Act 2014;

“the appropriate authority” means—

(a)

in relation to a community, foundation or voluntary school(2) or a maintained nursery school(3), the governing body of the school; and

(b)

in relation to an Academy school(4), the proprietor;

“educational institution” means a school or post-16 institution;

“health care professional” means an individual who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(5);

“infant school” means a primary school for the purpose of providing education for children who are of compulsory school age but have not attained the age of eight, even though it may also provide education for children below compulsory school age;

“junior school” means a primary school for the purpose of providing education for children who are of compulsory school age who have attained the age of eight;

“relevant school” means a mainstream school or a maintained nursery school;

“responsible commissioning body” has the meaning given in section 42(4) of the Act;

“the SENCO”, in relation to a relevant school, means the person who has been designated to be the special educational needs co-ordinator for the school by the appropriate authority in accordance with section 67 of the Act;

“transfer between phases of education” means a transfer from—

(a)

relevant early years education to school;

(b)

infant school to junior school;

(c)

primary school to middle school;

(d)

primary school to secondary school;

(e)

middle school to secondary school; or

(f)

secondary school(6) to a post-16 institution;

“year 9” means the year of compulsory schooling in which the majority of pupils in the class attain the age of 14.

(2) Preparation for adulthood and independent living includes preparation relating to—

(a)finding employment;

(b)obtaining accommodation;

(c)participation in society.

(1)

The definitions in the Act are applied throughout these Regulations.

(2)

Community, foundation and voluntary school have the same meaning as in section 20 of the School Standards and Framework Act 1998 (c.31) (“the 1998 Act”)

(3)

Maintained nursery school has the meaning given by section 22(9) of the 1998 Act

(4)

Academy school has the meaning given in section 1A of the Academies Act 2010 (c.32). Section 1A was inserted by section 53(7) of the Education Act 2011 (c.21) (“the 2011 Act”)

(6)

Primary school, middle school and secondary school have the meaning in section 5 of the Education Act 1996 (c.56) (“the 1996 Act”).

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