(1) In this Act “independent school” means any school at which full-time education is provided for—
(a)five or more pupils of compulsory school age, or
(b)at least one pupil of that age for whom [F988 an EHC plan [F989 is maintained or for whomF989] a statement is maintained under section 324F988] [F989 or an individual development plan is maintainedF989] , or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989 [F990 or section 74 of the Social Services and Well-being (Wales) Act 2014F990] ),
and which is not a school maintained by a [F6 local authorityF6] [F991 non-maintained special schoolF991] .
(2)For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.F987]