Education Reform Act 1988

1. Introductory Text

2. Part I Schools

   1. Chapter I The Curriculum

      1. Preliminary

         1. 1. Duties with respect to the curriculum.

      2. Principal provisions

         1. 2. The National Curriculum.

         2. 3. Foundation subjects and key stages.

         3. 4. Duty to establish the National Curriculum by order.

         4. 5. Courses leading to external qualifications.

      3. Religious education

         1. 6. Collective worship.

         2. 7. Special provisions as to collective worship in county schools.

         3. 8. Religious education required in the basic curriculum: further provisions.

         4. 9. Exceptions, special arrangements and supplementary and consequential provisions.

      4. Duties with respect to certain requirements

         1. 10. Duties with respect to certain requirements.

      5. Standing advisory councils on religious education

         1. 11. Standing advisory councils on religious education.

         2. 12. Determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply.

         3. 13. Advisory councils: supplementary provisions.

      6. Curriculum and Assessment Councils

         1. 14. Establishment of Councils.

         2. 15. Transfers of property and staff to Councils.

      7. Special cases

         1. 16. Development work and experiments.

         2. 17. Exceptions by regulations.

         3. 18. Pupils with statements of special educational needs.

         4. 19. Temporary exceptions for individual pupils.

      8. Supplementary

         1. 20. Procedure for making certain orders: England.

         2. 21. Procedure for making certain orders: Wales.

         3. 22. Provision of information.

         4. 23. Complaints and enforcement.

         5. 24. Extension of certain provisions.

         6. 25. Interpretation of Chapter I.

   2. Chapter II Admission of Pupils to County and Voluntary Schools.

      1. 26. Admissions to county and voluntary schools.

      2. 27. Standard numbers for admissions.

      3. 28. Procedure for reduction of standard number.

      4. 29. Special provisions in relation to admissions to primary schools.

      5. 30. Special arrangements in respect of admissions to aided or special agreement schools.

      6. 31. Consequential provisions.

      7. 32. Interpretation of Chapter II.

   3. Chapter III Finance and Staff

      1. Financing of schools maintained by local education authorities

         1. 33. Schemes for financing county and voluntary schools.

         2. 34. Preparation and imposition of schemes.

         3. 35. Replacement and variation of schemes.

         4. 36. Delegation to governing body of management of school’s budget share.

         5. 37. Withdrawal of delegation.

         6. 38. Schemes: determination of budget shares.

         7. 39. Schemes: provision for financial delegation.

         8. 40. Initial implementation of delegation requirements under schemes.

         9. 41. Extension of delegation requirements under schemes in the case of primary schools.

         10. 42. Publication of schemes and financial statements, etc.

         11. 43. Application of schemes to special schools.

      2. Financial delegation: appointment and dismissal of staff

         1. 44. Staff employed by the local education authority.

         2. 45. Staff at aided schools.

         3. 46. Staff: further provisions.

         4. 47. Community schools.

      3. Miscellaneous and supplementary

         1. 48. New schools.

         2. 49. Required financial delegation apart from schemes.

         3. 50. Financial statements in respect of schools not covered by statements under section 42.

         4. 51. Interpretation of Chapter III and supplementary and consequential provisions.

   4. Chapter IV Grant-Maintained Schools

      1. Duty of Secretary of State to maintain certain schools

         1. 52. Duty of Secretary of State to maintain certain schools.

      2. Government, powers and conduct

         1. 53. Constitution of the governing body of a grant-maintained school.

         2. 54. Appointment of parent governors by the governing body.

         3. 55. Proceedings of the governing body and allowances to members.

         4. 56. Governors' tenure of office.

         5. 57. Powers of the governing body.

         6. 58. Articles of government.

         7. 59. Instrument and articles of government: procedure.

      3. Procedure for acquisition of grant-maintained status

         1. 60. Initiation of procedure for acquisition of grant-maintained status.

         2. 61. Ballot of parents.

         3. 62. Proposals for acquisition of grant-maintained status.

         4. 63. Publication of proposals and notice with respect to proposals.

         5. 64. Constitution of the initial governing body of a grant-maintained school.

         6. 65. Terms of office of initial governors.

         7. 66. Determination of the initial governors.

         8. 67. Provisions supplementary to section 66.

         9. 68. Modification of proposed membership of initial governing body before incorporation.

         10. 69. Provisions supplementary to section 68.

         11. 70. Elections required for determining initial governors: supplementary provisions.

         12. 71. Eligible governors for the purposes of Chapter IV.

         13. 72. Initial government and conduct: further provisions.

      4. Proposals under section 12 or 13 of the 1980 Act in respect of schools eligible for grant-maintained status

         1. 73. Proposals for alteration, etc., of schools eligible for grant-maintained status.

      5. Transfer of property and staff, etc.

         1. 74. Transfer of property, etc., to governing body of grant-maintained school.

         2. 75. Transfer of staff to grant-maintained school.

         3. 76. Effect of pending procedure for acquisition of grant-maintained status on property disposals.

         4. 77. Wrongful disposals and contracts.

         5. 78. Effect of pending procedure for acquisition of grant-maintained status on appointment, etc., of staff.

      6. Finance

         1. 79. Maintenance grants, special purpose grants and capital grants.

         2. 80. Grants: further provisions.

         3. 81. Recovery from local funds of sums in respect of maintenance grant.

         4. 82. Provisions consequential on section 81.

      7. Admissions

         1. 83. Admissions.

      8. Religious education

         1. 84. Religious education in former county schools.

         2. 85. Religious education in former controlled schools.

         3. 86. Religious education in former aided or special agreement schools.

         4. 87. Changes in religious education.

         5. 88. Religious education: supplementary.

      9. Control over alteration and change of site

         1. 89. Change of character or enlargement of grant-maintained school.

         2. 90. Approval of school premises on change of character or enlargement.

         3. 91. Change of site.

      10. Discontinuance of grant-maintained schools

          1. 92. Discontinuance by governing body.

          2. 93. Withdrawal of grant by Secretary of State.

      11. Winding up and disposal of property.

          1. 94. Winding up.

          2. 95. Disposal of school property.

          3. 96. Surplus money and investments.

          4. 97. Discharge, transfer and termination of liabilities, etc.

          5. 98. Capital expenditure: former voluntary schools.

          6. 99. Capital expenditure: former county schools.

      12. Miscellaneous and supplementary

          1. 100. Provision of benefits and services for pupils by local education authorities.

          2. 101. Application of proceeds of disposal of premises.

          3. 102. Variation of trust deeds relating to grant-maintained schools, etc.

          4. 103. Publication of information and reports and returns by governing bodies of grant-maintained schools.

          5. 104. Interpretation of Chapter IV.

   5. Chapter V Miscellaneous

      1. City colleges

         1. 105. Agreements for establishment, etc. of city technology colleges and city colleges for the technology of the arts.

      2. Charges in maintained schools

         1. 106. Prohibition of charges, etc., in maintained schools.

         2. 107. Provision for cases where education is provided partly during and partly outside school hours.

         3. 108. Recovery of wasted examination fees.

         4. 109. Permitted charges.

         5. 110. Charges and remissions policies.

         6. 111. Charges for board and lodging at boarding schools.

      3. Miscellaneous

         1. 112. Extension of powers as to trusts for religious education.

         2. 113. Schemes under the Endowed Schools Acts.

         3. 114. Extension of power to require local education authority to defray expenses of establishing controlled school.

         4. 115. Power to determine times of school sessions, etc.

         5. 116. Provision for delegation of functions by governing bodies of county, voluntary and maintained special schools.

      4. Chapter V: general and supplementary provisions

         1. 117. Obligation to enter pupils for prescribed public examinations.

         2. 118. General and supplementary provisions relating to charges.

      5. Interpretation of Part I

         1. 119. Interpretation of Part I.

3. Part II Higher and Further Education

   1. Chapter I Local Education Authority Functions with Respect to Higher and Further Education

      1. 120. Functions of local education authorities with respect to higher and further education.

   2. Chapter II Reorganisation of Provision and Funding of Higher Education

      1. The higher education corporations

         1. 121. Initial incorporation of higher education institutions maintained by local education authorities.

         2. 122. Orders incorporating higher education institutions maintained by local education authorities.

         3. 123. Provisions supplementary to sections 121 and 122.

         4. 124. Powers of a higher education corporation.

         5. 125. Articles of government.

         6. 126. Transfer of property, etc., to higher education corporations.

         7. 127. Transfer of staff to higher education corporations.

         8. 128. Dissolution of higher education corporations.

      2. Designation of certain institutions for funding by the Polytechnics and Colleges Funding Council, etc.

         1. 129. Designation of institutions.

         2. 130. Transfer of property, etc., to certain designated institutions.

      3. New arrangements for funding higher education

         1. 131. Universities Funding Council.

         2. 132. Polytechnics and Colleges Funding Council.

         3. 133. Payments by Polytechnics and Colleges Funding Council in respect of persons employed in the provision of higher or further education.

         4. 134. The Funding Councils: supplementary provisions.

      4. Supplementary

         1. 135. Inspection of accounts.

         2. 136. Transfer to Polytechnics and Colleges Funding Council of property and staff of NAB.

         3. 137. Control of disposals of land.

         4. 138. Construction of references to land held for the purposes of an institution.

   3. Chapter III Finance and Government of Locally Funded Further and Higher Education

      1. Further and higher education funding schemes

         1. 139. Schemes for financing locally funded further and higher education.

         2. 140. Preparation and imposition of further and higher education funding schemes.

         3. 141. Replacement and variation of further and higher education funding schemes.

         4. 142. Delegation to governing body of management of institution’s budget shares.

         5. 143. Further and higher education funding schemes: determination of budget share.

         6. 144. Further and higher education funding schemes: provision for financial delegation.

         7. 145. Initial implementation of further and higher education funding schemes.

         8. 146. Extension of further and higher education funding schemes.

         9. 147. Publication of further and higher education funding schemes and annual information as to their operation.

      2. Appointment and dismissal of staff during financial delegation

         1. 148. Delegation of powers as to appointment and dismissal of staff.

         2. 149. Costs of dismissal, premature retirement or voluntary severance.

      3. Withdrawal of delegated powers

         1. 150. Withdrawal of delegated powers for mismanagement, etc.

      4. Government and conduct of maintained further and higher education institutions

         1. 151. Instrument and articles of government required for maintained further and higher education institutions.

         2. 152. Provision required in instrument and articles of government.

      5. Government of designated assisted institutions

         1. 153. Government of designated assisted institutions.

      6. Miscellaneous and supplementary

         1. 154. New further and higher education institutions.

         2. 155. Interpretation of Chapter III and supplementary provisions.

   4. Chapter IV Miscellaneous and Supplementary

      1. 156. Government and conduct of certain further and higher education institutions.

      2. 157. Variation of trust deeds, etc.

      3. 158. Reports and returns to Secretary of State.

      4. 159. Information with respect to educational provision in institutions providing further or higher education.

      5. 160. Adjustments of block grant in respect of expenditure on advanced further education.

      6. 161. Interpretation of Part II.

4. Part III Education in Inner London

   1. Reorganisation of provision of education in inner London

      1. 162. Abolition of ILEA.

      2. 163. New local education authorities for areas in inner London.

      3. 164. Extension of functions of London Residuary Body.

   2. Disposal of functions and property of ILEA

      1. 165. Development plans for education.

      2. 166. Responsibility for schools.

      3. 167. Removal of certain governors.

      4. 168. Transfers of property, rights and liabilities.

      5. 169. Approval of management structure and senior appointments in initial period.

   3. Staff

      1. 170. Establishment and functions of staff commission.

      2. 171. Remuneration of employees.

      3. 172. Power to transfer staff.

      4. 173. Compensation for loss of employment or loss or diminution of emoluments.

      5. 174. Continuity of employment in certain cases of voluntary transfer.

      6. 175. Offers of employment by inner London councils.

   4. Functions of London Residuary Body

      1. 176. Provision of services and facilities by London Residuary Body.

      2. 177. Repayment by London Residuary Body of loans to ILEA.

      3. 178. Liability of London Residuary Body for redundancy and compensation payments.

      4. 179. Payment of pensions and pensions increase by London Residuary Body.

      5. 180. Custody of residuary property, etc.

      6. 181. Power of London Residuary Body to pay compensation.

      7. 182. Preparation of ILEA’s final accounts.

      8. 183. Directions of Secretary of State.

   5. Financial provisions and winding up of London Residuary Body

      1. 184. Preparatory expenditure of inner London councils.

      2. 185. London Residuary Body: financial provisions.

      3. 186. Transitional functions of London Residuary Body in respect of block grant.

      4. 187. Winding up of London Residuary Body.

   6. Control of ILEA’s contracts and disposals

      1. 188. Control of contracts.

      2. 189. Control of disposals.

      3. 190. Wrongful contracts or disposals.

      4. 191. Penalties for contravention of section 188 or 189.

   7. Miscellaneous and supplementary

      1. 192. Charities.

      2. 193. Information and access to documents.

      3. 194. Concurrent employment.

      4. 195. Continuity of exercise of functions.

      5. 196. Interpretation of Part III.

5. Part IV Miscellaneous and General

   1. Establishment and functions of Education Assets Board

      1. 197. Education Assets Board.

      2. 198. Transfers under Parts I and II.

      3. 199. Loan liabilities excepted from transfer under Part II.

      4. 200. Grant-maintained schools: school property.

      5. 201. Wrongful disposals.

   2. Academic tenure

      1. 202. The University Commissioners.

      2. 203. Duty of Commissioners.

      3. 204. Powers of Commissioners.

      4. 205. Procedure for exercise of Commissioners' powers.

      5. 206. Exclusion of visitor’s jurisdiction.

      6. 207. Power to make incidental, etc., provisions by Order in Council.

      7. 208. Corresponding provision for Northern Ireland.

   3. Grants

      1. 209. Grants in respect of mandatory awards.

      2. 210. Grants for the education of travellers and displaced persons.

      3. 211. Grants in respect of special provision for immigrants.

      4. 212. Grants relating to aided or special agreement schools.

      5. 213. Grants: miscellaneous.

   4. Unrecognised degrees

      1. 214. Unrecognised degrees.

      2. 215. Unrecognised degrees: enforcement.

      3. 216. Identification of bodies granting or providing courses for recognised awards.

      4. 217. Unrecognised degrees: Northern Ireland and Channel Islands.

   5. Miscellaneous provisions

      1. 218. School and further and higher education regulations.

      2. 219. Powers of Secretary of State in relation to certain educational institutions.

      3. 220. Extension of functions of Audit Commission.

      4. 221. Avoidance of certain contractual terms.

      5. 222. Application of employment law during financial delegation.

      6. 223. Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies.

      7. 224. Superannuation for staff of Further Education Unit.

      8. 225. Recoupment as between local education authorities.

      9. 226. Services for schools in other member States providing education for British children.

   6. Wales

      1. 227. Application to Wales.

      2. 228. Transfer of property to grant-aided institutions in Wales.

      3. 229. Power to make different provision for Wales in regulations under the 1944 and 1967 Acts.

   7. Supplementary

      1. 230. Stamp duty.

      2. 231. Power to make incidental, consequential, transitional and supplementary provisions.

      3. 232. Orders and regulations.

      4. 233. Expenses.

      5. 234. Meaning of “assisted” for the purposes of the 1944 Act and Acts construed as one with it.

      6. 235. General interpretation.

      7. 236. Commencement.

      8. 237. Amendments and repeals.

      9. 238. Citation, extent, etc.

6. Schedules:

   1. Schedule 1

      Consequential amendments relating to religious education.

   2. Schedule 2

      The Curriculum and Assessment Councils.

   3. Schedule 3

      Appointment and dismissal of school staff, etc., during financial delegation.

   4. Schedule 4

      New schools.

   5. Schedule 5

      Transition to grant-maintained status.

   6. Schedule 6

      Courses of higher education.

   7. Schedule 7

      The higher education corporations.

   8. Schedule 8

      The Funding Councils and the Assets Board.

   9. Schedule 9

      Determination of full-time equivalent enrolment numbers.

   10. Schedule 10

       Supplementary provisions with respect to transfers.

   11. Schedule 11

       The University Commissioners.

   12. Schedule 12

       Minor and consequential amendments.

       1. Part I Amendments relating to grant-maintained schools.

       2. Part II Amendments consequential on abolition of ILEA.

       3. Part III Other amendments.

   13. Schedule 13

       Repeals.

       1. Part I Repeals coming into force on abolition of ILEA.

       2. Part II Other repeals.