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Special Educational Needs (Information) Bill


 

Special Educational Needs (Information) Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Children, Schools and

Families with the consent of Mrs Sharon Hodgson, the Member in charge of the Bill,

are published separately as Bill 26—EN.

 

Bill 26                                                                                                 

54/3

 

 


Special Educational Needs (Information) Bill

1

 

A

Bill

To

amend the Education Act 1996 in relation to the provision and publication of

information about children who have special educational needs; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Information about children with special educational needs

After section 332B of the Education Act 1996 (c. 56) insert—

“Information about children with special educational needs

332C    

Provision of information

(1)   

The Secretary of State must exercise the relevant powers with a view to

5

securing, in particular, the provision of special needs information

which would, in the opinion of the Secretary of State, be likely to assist

the Secretary of State or other persons in improving the well-being of

children in England with special educational needs.

(2)   

For the purposes of subsection (1) the relevant powers are the powers

10

of the Secretary of State under the following provisions of this Act (so

far as relating to England)—

(a)   

section 29,

(b)   

section 408,

(c)   

section 537,

15

(d)   

section 537A,

(e)   

section 537B, and

(f)   

section 538.

332D    

Publication of information

(1)   

The Secretary of State must in each calendar year publish, or arrange to

20

be published, special needs information which has been obtained

under this Act and the publication of which would, in the opinion of the

 

Bill 26                                                                                                 

54/3

 
 

Special Educational Needs (Information) Bill

2

 

Secretary of State, be likely to assist the Secretary of State or other

persons in improving the well-being of children in England with

special educational needs.

(2)   

Information published under subsection (1) may be published in such

form and manner as the Secretary of State thinks fit provided that the

5

name of the child or children to whom the information relates is not

included.

(3)   

The Secretary of State may make, or arrange for the making of, a charge

(not exceeding the cost of supply) for any documents supplied by

virtue of this section.

10

332E    

Interpretation of sections 332C and 332D

(1)   

This section has effect for the interpretation of sections 332C and 332D.

(2)   

“Child” means a person under the age of 19 (whether or not the person

is a registered pupil at a school).

(3)   

“Special needs information” means information about children in

15

England with special educational needs or about special educational

provision made for them.

(4)   

Any reference to the well-being of children with special educational

needs is a reference to their well-being so far as relating to—

(a)   

physical and mental health and emotional well-being;

20

(b)   

protection from harm and neglect;

(c)   

education, training and recreation;

(d)   

the contribution made by them to society;

(e)   

social and economic well-being.”

2       

Short title, commencement and extent

25

(1)   

This Act may be cited as the Special Educational Needs (Information) Act 2008.

(2)   

This section comes into force on the day on which this Act is passed.

(3)   

Section 1 comes into force on such day as the Secretary of State may by order

made by statutory instrument appoint; and different days may be appointed

for different purposes.

30

(4)   

This Act extends to England and Wales only.

 
 

 
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