Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Education (Special Educational Needs) (City Colleges) (England) Regulations 2002 and shall come into force on 28th August 2002.

(2) In these Regulations—

“the Act” means the Education Act 1996 ;

“approved” means approved by the Secretary of State under section 347(1) of the Act;

“city college” means an Academy, a city technology college or a city college for the technology of the arts( 2 );

“relevant child” means a child for whom a statement is maintained under section 324( 3 ) of the Act and who attends or proposes to attend a city college; and

“statemented provision” means the special educational provision specified in a statement maintained under section 324 of the Act.

(3) A city college shall also be regarded as approved if the Secretary of State has consented to the relevant child being educated there.

Payment and Assistance

2. —(1) A local education authority may pay to an approved city college all or any part of the cost incurred in respect of securing that the statemented provision for a relevant child is made.

(2) A local education authority may provide any other assistance to an approved city college for the purpose of securing that the statemented provision for a relevant child is made.

Review of Arrangements

3. —(1) A local education authority shall keep under review the arrangements made under these Regulations.

(2) In doing so the local education authority shall consult the governing bodies of any city college—

(a) in the authority’s area; and

(b) in any neighbouring local education authority’s area to which the authority makes any payment, supplies any goods and services or provides any assistance under these Regulations.

Precedence of Duty under section 324(5) of the Act

4. Nothing in these regulations shall effect the duty of a local education authority under section 324(5) of the Act to arrange that the special educational provision specified in a statement is made for a child.