Search Legislation

Education Act 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Education Act 1996, Section 579 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 579:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

579 General interpretation.E+W

(1)In this Act, unless the context otherwise requires—

  • F1...

  • [F2Academy” means [F3an educational institution] to which Academy arrangements relate;]

  • [F2Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;]

  • [F2Academy order” means an order under section 4 of that Act;]

  • [F4Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act; ]

  • [F5additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;]

  • [F5additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; ]

  • [F6assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;]

  • boarder” includes a pupil who boards during the week but not at weekends;

  • child” means a person who is not over compulsory school age;

  • clothing” includes footwear;

  • [F7“education functions” means the functions specified in Schedule 36A;]

  • [F8EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;]

  • F1...

  • financial year” means a period of twelve months ending with 31st March;

  • functions” includes powers and duties;

  • F1...

  • head teacher” includes acting head teacher;

  • higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

  • [F9income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

  • [F5individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;]

  • land” includes buildings and other structures, land covered with water, and any interest in land;

  • liability” includes obligation;

  • [F10“local authority” means—

    (a)

    a local authority in England;

    (b)

    a local authority in Wales;

  • “local authority in England” means—

    (a)

    a county council in England;

    (b)

    a metropolitan district council;

    (c)

    a non-metropolitan district council for an area for which there is no county council;

    (d)

    a London borough council; and

    (e)

    the Common Council of the City of London (in their capacity as a local authority);

  • “local authority in Wales” means—

    (a)

    a county council in Wales; and

    (b)

    a county borough council;]

  • F1...

  • local government elector” has the meaning given by section 270(1) of the M1Local Government Act 1972;

  • [F11maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;]

  • medical officer”, in relation to a [F12local authority], means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

  • modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

  • [F13the National Curriculum”(without more) means—

    (a)

    [F14in relation to England], the National Curriculum for England, [F15and]

    (b)

    [F15in relation to Wales, the National Curriculum for Wales;]]

  • premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

  • prescribed[F16(except in Chapter 5A)] means prescribed by regulations;

  • proprietor”, in relation to a school [F17or a 16 to 19 Academy] , means the person or body of persons responsible for the management of the school [F18or Academy] (so that, in relation to [F19a community, foundation or voluntary or community or foundation special school [F20or a maintained nursery school,] ,] [F21or a maintained nursery school,] it means the governing body);

  • F1...

  • regulationsF22... means regulations made by the Secretary of State [F23, except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales];

  • F1...

  • [F24sex education” includes education about—

    (a)

    Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

    (b)

    any other sexually transmitted disease;]

  • school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—

    (a)

    as a caretaker’s dwelling,

    (b)

    for use in connection with playing fields,

    (c)

    to afford facilities [F25for the carrying out of functions] under [F26paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or]

    (d)

    to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

  • [F27school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;]

  • [F28special educational needs”—

    (a)

    in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

    (b)

    [F29in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;]

  • special educational provision”—

    (a)

    in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;

    (b)

    [F30in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);]]

  • school day”, in relation to a school, means any day on which at that school there is a school session;

  • [F31trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;]

  • young person” means a person over compulsory school age but under the age of 18.

[F32(1A)For the purposes of this Act a person is subject to learning difficulty assessment if—

(a)an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or

(b)arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.]

(2)References in this Act to an interest in land include any easement, right or charge in, to or over land.

F33(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34(3A)References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales [F35or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

(3B)References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England [F36or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014].]

[F37(3C)The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.]

(4)For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular [F12local authority] in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

[F38(4A)For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.]

(5)For the purposes of this Act a school shall be regarded as “assisted” by a [F12local authority] who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

(6)Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a [F12local authority] if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

(7)Neither—

(a)a university, nor

(b)any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a [F12local authority] by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

Textual Amendments

F1S. 579(1): definitions of "the appropriate further education funding council", "exclude", "governing body" (and "governors"), "the local education authority", "reception class" and "relevant age group" repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 183(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2Words in s. 579(1) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 6; S.I. 2010/1937, art. 2, Sch. 1

F3Words in s. 579(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(17)(a); S.I. 2012/924, art. 2

F6Definition in s. 579(1) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F8Words in s. 579(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 59(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F11Words in s. 579(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 57(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F13S. 579(1): definition of "the National Curriculum" inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 57(b) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F19Words in s. 579(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(iii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F22Words in s. 579(1) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 23(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F23Words in s. 579(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 23(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F24S. 579(1): definition of "sex education" inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 57(c) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F27Definition in s. 579(1) inserted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 43; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

F28Words in s. 579(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 59(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F31Definition in s. 579(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(iv) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F34S. 579(3A)(3B) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 59(d); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F35Words in s. 579(3A) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 95(a), 100(3); S.I. 2020/1182, reg. 3(1)(m); S.I. 2021/373, art. 8(h)

F36Words in s. 579(3B) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 95(b), 100(3); S.I. 2020/1182, reg. 3(1)(m); S.I. 2021/373, art. 8(h)

F37S. 579(3C) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 95(c), 100(3); S.I. 2020/1182, reg. 3(1)(m); S.I. 2021/373, art. 8(h)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources