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Education and Inspections Act 2006

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Part 1E+WEducation functions of local authorities

1Duties in relation to high standards and the fulfilment of potentialE+W

For section 13A of EA 1996 substitute—

13ADuty to promote high standards and the fulfilment of potential

(1)A [F1local authority] shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards,

(b)in the case of a [F1local authority] in England, ensuring fair access to educational opportunity, and

(c)promoting the fulfilment by every child concerned of his educational potential.

(2)This section applies to education for—

(a)children of compulsory school age (whether at school or otherwise); and

(b)children under or over that age who are registered as pupils at schools maintained by the authority,

and in subsection (1) “functions” means functions of whatever nature.

(3)In this section “child” means a person under the age of 20.

Textual Amendments

Commencement Information

I1S. 1 in force at 25.5.2007 for E. by S.I. 2007/935, art. 6(a)

I2S. 1 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

2Duties in relation to diversity and choiceE+W

In section 14 of EA 1996 (functions of [F1local authorities] in relation to the provision of primary and secondary education) after subsection (3) insert—

(3A)A [F1local authority] in England shall exercise their functions under this section with a view to—

(a)securing diversity in the provision of schools, and

(b)increasing opportunities for parental choice.

Textual Amendments

Commencement Information

I3S. 2 in force at 25.5.2007 by S.I. 2007/935, art. 7(a)

3Duty to consider parental representationsE+W

After section 14 of EA 1996 insert—

14ADuty of [F1local authority] to consider parental representations

(1)Where a [F1local authority] in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—

(a)consider the representation and what action (if any) to take in response to it, and

(b)within a reasonable time provide the parent with a statement setting out—

(i)any action which the authority propose to take in response to the representation, or

(ii)where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

(2)In subsection (1) “qualifying child”, in relation to a [F1local authority], means any child in the authority's area who is of or under compulsory school age.

(3)Subsection (1) does not apply in relation to any representation which—

(a)appears to the [F1local authority] to be frivolous or vexatious, or

(b)is the same as, or similar to, a representation previously received by the authority from the same person.

(4)In exercising their functions under this section, a [F1local authority] must have regard to any guidance given from time to time by the Secretary of State.

Textual Amendments

Commencement Information

I4S. 3 in force at 25.5.2007 by S.I. 2007/935, art. 7(a)

4Duty to identify children not receiving educationE+W

(1)In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—

Children not receiving suitable educationE+W

436ADuty to make arrangements to identify children not receiving education

(1)A [F1local authority] must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—

(a)are not registered pupils at a school, and

(b)are not receiving suitable education otherwise than at a school.

(2)In exercising their functions under this section a [F1local authority] must have regard to any guidance given from time to time by the Secretary of State.

(3)In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

(2)In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.

(3)In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “ section 436A(3) ”.

Textual Amendments

Commencement Information

I5S. 4 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(a)

I6S. 4 in force at 1.9.2009 for W. by S.I. 2009/1027, art. 3(a)

F25School improvement partnersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 5 repealed (15.11.2011) by Education Act 2011 (c. 21), ss. 33(1), 82(1)(a)

6Functions in respect of youth work, recreation etcE+W

(1)Before section 508 of EA 1996 (functions of [F3local authority] in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert—

507A [F3Local authorities] in England: functions in respect of recreational and training facilities for children under 13

(1)A [F1local authority] in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.

(2)For the purposes of subsection (1) a [F1local authority] may—

(a)establish, maintain and manage, or assist the establishment, maintenance and management of—

(i)camps, holiday classes, playing fields, play centres, and

(ii)other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;

(b)organise games, expeditions and other activities for such persons; and

(c)defray, or contribute towards, the expenses of such games, expeditions and other activities.

(3)When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a [F1local authority] must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

507B [F3Local authorities] in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24

(1)A [F1local authority] in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—

(a)sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and

(b)sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.

(2)“Qualifying young persons”, for the purposes of this section, are—

(a)persons who have attained the age of 13 but not the age of 20; and

(b)persons who have attained the age of 20 but not the age of 25 and have a learning difficulty (within the meaning of section 13(5)(a) and (6) of the Learning and Skills Act 2000).

(3)For the purposes of subsection (1)(a)—

(a)“sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and

(b)“sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.

(4)References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).

(5)For the purposes of subsection (1) a [F1local authority] may —

(a)provide facilities for positive leisure-time activities;

(b)assist others in the provision of such facilities;

(c)make arrangements for facilitating access for qualifying young persons to such facilities;

(d)organise positive leisure-time activities;

(e)assist others in the organisation of such activities;

(f)make arrangements for facilitating access for qualifying young persons to such activities;

(g)enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);

(h)take any other action which the authority think appropriate.

(6)For the purposes of subsection (5)—

(a)the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;

(b)the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;

(c)the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.

(7)Before taking any action for the purposes of subsection (1) (“the proposed action”), a [F1local authority] must—

(a)consider whether it is expedient for the proposed action to be taken by another person, and

(b)where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.

(8)For the purposes of subsection (7)(a) a [F1local authority] must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.

(9)In exercising their functions under this section a [F1local authority] must—

(a)take steps to ascertain the views of qualifying young persons in the authority's area about—

(i)positive leisure-time activities, and facilities for such activities, in the authority's area;

(ii)the need for any additional such activities and facilities; and

(iii)access to such activities and facilities; and

(b)secure that the views of qualifying young persons in the authority's area are taken into account.

(10)A [F1local authority] in England must—

(a)publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and

(b)keep the information publicised under paragraph (a) up to date.

(11)A [F1local authority] may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).

(12)In exercising their functions under this section a [F1local authority] must have regard to any guidance given from time to time by the Secretary of State.

(13)In this section—

  • recreation” includes physical training (and “recreational” is to be construed accordingly);

  • sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;

  • well-being”, in relation to a person, means his well-being so far as relating to—

    (a)

    physical and mental health and emotional well-being;

    (b)

    protection from harm and neglect;

    (c)

    education, training and recreation;

    (d)

    the contribution made by him to society;

    (e)

    social and economic well-being.

(2)Schedule 1 contains amendments related to the provision made by subsection (1).

Part 2E+WEstablishment, discontinuance or alteration of schools

Establishment of new schoolsE+W

[F46ARequirement to seek proposals for establishment of new AcademiesE+W

(1)If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy.

(2)The local authority must specify a date by which any proposals sought under subsection (1) must be submitted to them.

(3)After the specified date, the local authority must notify the Secretary of State—

(a)of the steps they have taken to seek proposals for the establishment of an Academy, and

(b)of any proposals submitted to them as a result before the specified date, or of the fact that no such proposals have been submitted to them before that date.

(4)A notification under subsection (3) must—

(a)identify a possible site for the Academy, and

(b)specify such matters as may be prescribed.]

Textual Amendments

F4S. 6A inserted (1.2.2012 for specified purposes, 1.9.2012 for specified purposes) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 2; S.I. 2012/84, art. 3 (with art. 4); S.I. 2012/2213, art. 2

7Invitation for proposals for establishment of new schoolsE+W

(1)A [F1local authority] in England may [F5with the consent of the Secretary of State] publish a notice under this section inviting proposals from persons other than [F1local authorities] for the establishment of any new school falling within subsection (2).

(2)The schools falling within this subsection are—

(a)a foundation, voluntary or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or

(b)an [F6Academy school].

(3)A notice under this section must—

(a)identify a possible site for the school,

(b)state whether or not the proposed school is to be a special school,

(c)specify a date, being a date after the prescribed interval, by which proposals must be submitted,

(d)specify such other matters as may be prescribed, and

(e)be published in the prescribed manner.

(4)Proposals made pursuant to a notice under this section must—

(a)contain the prescribed information, and

(b)be submitted to the [F1local authority] before the date specified in the notice.

(5)After the date specified in a notice published by a [F1local authority] under this section, the authority—

(a)must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4),F7...

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Regulations may prescribe—

(a)the time within which proposals under this section must be published, [F9and ]

(b)the manner in which they must be published, F10...

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

[F117AWithdrawal of notices under section 7E+W

(1)This section applies where a local authority have published a notice under section 7.

(2)At any time before the date specified in the notice—

(a)the local authority may withdraw it, with the consent of the Secretary of State, or

(b)the Secretary of State may direct the local authority to withdraw it.]

Textual Amendments

F128Proposals under section 7 relating to community or community special schoolsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9S. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

9Consultation and publicity in relation to notice and proposals under section 7E+W

(1)Before publishing a notice under section 7, the [F1local authority] must consult such persons as appear to the authority to be appropriate; and in discharging their duty under this subsection the authority must have regard to any guidance given from time to time by the Secretary of State.

(2)Regulations may require the [F1local authority] to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under section 7.

Textual Amendments

Commencement Information

I10S. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

10Publication of proposals with consent of Secretary of StateE+W

(1)A [F1local authority] in England may with the consent of the Secretary of State publish under this section their proposals to establish [F13a new community, community special, foundation or foundation special school, which—

(a)is not to be one providing education suitable only to the requirements of persons above compulsory school age, and

(b)is to replace one or more maintained schools, except where section 11(A2) applies or in a case within section 11(A3).]

(2)Any persons (“proposers”) may with the consent of the Secretary of State publish under this section their proposals to establish (otherwise than pursuant to a notice under section 7) a new foundation, voluntary [F14 controlled] or foundation special school in England other than—

(a)one providing education suitable only to the requirements of persons above compulsory school age, or

(b)one in relation to which proposals fall to be published under section 11 by virtue of subsection [F15 (2)] of that section.

(3)Proposals under this section must—

(a)contain such information, and

(b)be published in such manner,

as may be prescribed.

(4)Before publishing any proposals under this section, the [F1local authority] or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

(5)Where any proposals are published under subsection (2), the proposers must submit the proposals in accordance with regulations to the [F1local authority] who it is proposed should maintain the school.

(6)Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

11Publication of proposals to establish maintained schools: special casesE+W

[F16(A1)Subsection (A2) applies where a local authority in England publish a notice under section 7 (notice inviting proposals for establishment of new schools), and—

(a)no proposals are made pursuant to the notice, or

(b)proposals are made pursuant to the notice but none of the proposals are approved under Schedule 2 or result in Academy arrangements being entered into.

(A2)The local authority may publish under this section proposals of their own to establish a new community, community special, foundation or foundation special school, which is not to be one providing education suitable only to the requirements of persons above compulsory school age.

(A3)Where a local authority in England propose to establish a new community, community special, foundation or foundation special school, which—

(a)is to be a primary school, and

(b)is to replace a maintained infant school and a maintained junior school,

the authority must publish their proposals under this section.]

(1)Where a [F1local authority] in England propose to establish—

(a)a new maintained nursery school, or

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the authority must publish their proposals under this section.

[F18(1A)Where any persons (“proposers”) propose to establish a new voluntary aided school in England, they may publish their proposals under this section.]

(2)Where any persons (“proposers”) propose to establish a new foundation, voluntary [F19controlled] or foundation special school in England which—

F20(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(aa)is to replace one or more foundation or voluntary schools which have a religious character,]

(b)is to replace an independent school that is not an Academy, a city technology college or a city college for the technology of the arts, or

(c)in the case of a new foundation special school, is to replace a non-maintained special school,

they must publish their proposals under this section.

[F22(2A)For the purposes of subsection (2)(aa), a new foundation or voluntary controlled school replaces a foundation or voluntary school which has a religious character if it is proposed that the new school—

(a)should have the same religious character,

(b)should have a different religious character, or

(c)should not have a religious character.]

(3)A new foundation, voluntary [F23controlled] or foundation special school is not to be regarded for the purposes of subsection (2)(b) as replacing an independent school unless—

(a)the independent school has been registered under [F24Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England)] for a continuous period of at least two years ending with the date of the publication of the proposals under this section, and

(b)it is proposed that the independent school should continue in existence but should then close as an independent school immediately before the proposals are implemented.

(4)A new foundation special school is not to be regarded for the purposes of subsection (2)(c) as replacing a non-maintained special school unless—

(a)the non-maintained special school has been approved under section 342 of EA 1996 (approval of non-maintained special schools) for a continuous period of at least two years ending with the date of the publication of the proposals, and

(b)it is proposed that the non-maintained special school should continue in existence but should then close as a non-maintained special school immediately before the proposals are implemented.

(5)Proposals under this section must—

(a)contain such information, and

(b)be published in such manner,

as may be prescribed.

(6)Before publishing any proposals under this section, the authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

(7)Where any proposals are published under subsection [F25(1A) or] (2), the proposers must submit the proposals in accordance with regulations to the [F1local authority] who it is proposed should maintain the school.

(8)Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

(9)[F26In this section “non-maintained special school” means a school which is [F27approved] under section 342 of EA 1996.]

[F26In this section—

  • maintained infant school” means a maintained school that provides primary education suitable to the requirements of children of compulsory school age who have not attained the age of 8;

  • maintained junior school” means a maintained school that provides primary education suitable to the requirements of junior pupils who have attained the age of 7;

  • non-maintained special school” means a school which is approved under section 342 of EA 1996.]

Textual Amendments

F16S. 11(A1)-(A3) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(2); S.I. 2012/84, art. 3 (with art. 4)

F19Word in s. 11(2) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(4)(a); S.I. 2012/84, art. 3 (with art. 4)

F23Word in s. 11(3) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(6); S.I. 2012/84, art. 3 (with art. 4)

F25Words in s. 11(7) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(7); S.I. 2012/84, art. 3 (with art. 4)

F26S. 11(9) substituted (1.2.2012 for certain purposes) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(8); S.I. 2012/84, art. 3 (with art. 4)

Modifications etc. (not altering text)

Commencement Information

I12S. 11 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

12Establishment of school as federated schoolE+W

(1)Proposals under—

(a)section 7, 10 or 11, or

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the establishment of a new [F29maintained] school in England may relate to the establishment of the school as a federated school.

(2)In this section “federated school” has the meaning given by section 24(2) of EA 2002.

13Schools established outside area of relevant [F3local authority] E+W

Regulations may modify the provisions of sections 7 to 12 and Schedule 2 in their application to cases where—

(a)in the case of proposals published under section 7, the school is proposed to be established in an area in England other than that of the [F1local authority] who published the notice under that section, or

(b)in the case of proposals published under section 10 or 11, the school is proposed to be established in an area in England other than that of the [F1local authority] who it is proposed should maintain the school.

14 [F3Local authority] in England not to establish school in WalesE+W

No proposals may be published under this Part or any other enactment for the establishment of a school in Wales which is proposed to be maintained by a [F1local authority] in England.

Discontinuance of schoolsE+W

15Proposals for discontinuance of schools maintained by [F1local authority] E+W

(1)Where a [F1local authority] in England propose to discontinue—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, or

(c)a maintained nursery school,

the authority must publish their proposals under this section.

(2)Where the governing body of—

(a)a foundation or voluntary school in England, or

(b)a foundation special school in England,

propose to discontinue the school, the governing body must publish their proposals under this section.

(3)Proposals under this section must—

(a)contain such information, and

(b)be published in such manner,

as may be prescribed.

(4)The matters to which the relevant body must have regard in formulating any proposals under this section in relation to a rural primary school include—

(a)the likely effect of the discontinuance of the school on the local community,

(b)the availability, and likely cost to the [F1local authority], of transport to other schools,

(c)any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

(d)any alternatives to the discontinuance of the school;

and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.

(5)Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the [F1local authority].

(6)Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.

(7)In this section—

(a)the relevant body” means the [F1local authority] mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);

(b)rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.

(8)In this Part any reference to a [F1local authority]

(a)discontinuing a school, or

(b)implementing proposals to discontinue a school (whether published by the authority or the governing body),

is a reference to the authority ceasing to maintain the school.

Textual Amendments

Modifications etc. (not altering text)

C8Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I16S. 15 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

16Consultation in relation to proposals under section 15E+W

(1)Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—

(a)the registered parents of registered pupils at the school,

(b)in the case of the rural primary school—

(i)the [F1local authority] (where they are not the relevant body),

(ii)where the [F1local authority] are a county council, any district council for the area in which the school is situated, and

(iii)any parish council for the area in which the school is situated,

(c)in the case of a community or foundation special school, any [F1local authority] which maintain [F30an EHC plan or] a statement under section 324 of EA 1996 (statement of special educational needs) in respect of a registered pupil at the school, and

(d)such other persons as appear to the relevant body to be appropriate.

(2)Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.

(3)In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.

(4)In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.

Textual Amendments

Modifications etc. (not altering text)

C8Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I17S. 16 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

17Direction requiring discontinuance of community or foundation special schoolE+W

(1)The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the [F1local authority] by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.

(2)A direction under subsection (1) may require the [F1local authority] to notify any persons or class of persons specified in the direction.

(3)Before giving a direction under subsection (1), the Secretary of State must consult—

(a)the [F1local authority],

(b)any other [F1local authority] who would in his opinion be affected by the discontinuance of the school,

(c)in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and

(d)such other persons as the Secretary of State considers appropriate.

(4)On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(5)Where a [F1local authority] are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.

Alterations to schoolsE+W

18Alterations that may be made under section 19E+W

(1)Regulations may prescribe alterations to maintained schools that may be implemented in pursuance of proposals published under section 19.

(2)The prescribed alterations must include any alteration that involves one or more of the following—

(a)in the case of a school falling within any of the categories set out in section 20(1) of SSFA 1998, any change in the category within which the school falls (other than a change prevented by subsection (4)(c) to (f) of this section),

(b)the acquisition by a foundation or foundation special school of a foundation established otherwise than under SSFA 1998, and

(c)in the case of a school whose instrument of government does not provide for a majority of the governing body to be foundation governors, any change in the instrument of government which results in the majority of governors being foundation governors.

(3)The prescribed alterations may include other alterations of any nature (other than those prevented by subsection (4)).

(4)None of the following alterations may be made to a maintained school—

(a)any change in the religious character of the school;

(b)any change whereby the school would acquire or lose a religious character;

(c)any change of category from foundation or voluntary school to community school;

(d)any change of category from foundation special school to community special school;

(e)any change of category from mainstream school to community or foundation special school or from community or foundation special school to mainstream school;

(f)any change from maintained nursery school to any other kind of maintained school, or from any other kind of maintained school to maintained nursery school.

(5)In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.

Commencement Information

I19S. 18(1)-(3) in force at 1.4.2007 by S.I. 2007/935, art. 5(b)

I20S. 18(4)(5) in force at 25.5.2007 by S.I. 2007/935, art. 7(c)

19Publication of proposals for alteration of schoolE+W

(1)Where—

(a)the [F1local authority] propose to make a prescribed alteration to a maintained school, and

(b)the prescribed alteration is one that under subsection (2) is capable of being proposed by a [F1local authority],

the authority must publish their proposals under this section.

(2)A prescribed alteration is capable of being proposed by a [F1local authority] if—

(a)in the case of a community school, a community special school or a maintained nursery school, it is an alteration designated by regulations under this subsection as one capable of being proposed by the [F1local authority],

(b)in the case of a foundation or voluntary school, it consists of any one or more of the following—

(i)an enlargement of the premises,

(ii)an increase in the number of pupils in any relevant age group,

(iii)the establishment or discontinuance of educational provision for pupils with special educational needs, and

(iv)the establishment of educational provision suitable to the requirements of pupils over compulsory school age, and

(c)in the case of a foundation special school, it consists of any one or more of the following—

(i)an enlargement of the premises,

(ii)an increase in the number of pupils for whom the school is organised to make provision, and

(iii)a change in the type of special educational needs for which the school is organised to make provision.

(3)Where—

(a)the governing body of a maintained school propose to make a prescribed alteration to the school, and

(b)in the case of a community school, a community special school or a maintained nursery school, the prescribed alteration is designated by regulations under this subsection as one capable of being proposed by the governing body,

the governing body must publish their proposals under this section.

(4)If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), they must publish proposals under this section for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.

(5)This section has effect subject to section 20.

(6)In this section—

  • prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18;

  • relevant age group” has the same meaning as in SSFA 1998.

Textual Amendments

Commencement Information

I21S. 19 in force at 25.5.2007 by S.I. 2007/935, art. 7(d)

20Restriction on power of governing body to publish foundation proposalsE+W

(1)The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—

(a)the trustees of the school, and

(b)the person or persons by whom the foundation governors are appointed.

TABLE
SchoolPrescribed alteration
1. A foundation school which, immediately before the commencement date, was a foundation school having a foundation.A relevant change in the instrument of government.
2. A voluntary school.A change of category from voluntary controlled school or voluntary aided school to foundation school.
3. A foundation school which, having been a voluntary school immediately before the commencement date, changed category to foundation school on or after that date.A relevant change in the instrument of government.

(2)For the purposes of this section, a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

(3)In this section—

  • the commencement date” means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;

  • prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

Commencement Information

I22S. 20 in force at 25.5.2007 by S.I. 2007/935, art. 7(d)

21Proposals under section 19: procedureE+W

(1)Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).

(2)The provision that may be made includes provision—

(a)about the information to be included in, or provided in relation to, the proposals;

(b)about consultation on the proposals;

(c)about the manner in which proposals are to be published under section 19;

(d)for the making of objections to or comments on the proposals;

(e)requiring the proposals to be considered with related proposals published under section 19 or any other enactment;

(f)for the consideration and determination of the proposals by a prescribed person (who may be the person who published the proposals);

(g)for the referral of proposals to the adjudicator in prescribed cases for consideration and determination by him (instead of by a person prescribed by virtue of paragraph (f));

(h)for the referral of proposals to the adjudicator, at the request of a prescribed person, after their initial determination by a person other than the adjudicator;

(i)for the approval of proposals with or without modification;

(j)for the making in prescribed cases of a conditional approval;

(k)for the withdrawal of proposals;

(l)as to the manner in which, and time within which, anything required or authorised by the regulations must be done.

(3)The regulations may confer functions on the [F1local authority], on any other [F1local authority] affected by the proposals, on the governing body of the school concerned and on the adjudicator.

(4)Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.

(5)In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the [F1local authority] or the adjudicator to make a transitional exemption order for the purposes of [F31paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational)], and to vary or revoke any order so made.

(6)The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.

Textual Amendments

F31Words in s. 21(5) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 93 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2))

Commencement Information

I23S. 21 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)

22Right of governing body to determine own foundation proposalsE+W

(1)Subsection (3) applies to proposals which are published under section 19 by the governing body of a community, voluntary controlled or community special school and relate only to—

(a)a change of category from community or voluntary controlled school to foundation school, without the acquisition of a foundation or a relevant change in the instrument of government, or

(b)a change of category from community special school to foundation special school, without the acquisition of a foundation.

(2)For the purposes of this section a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

(3)In relation to proposals to which this subsection applies, regulations under section 21—

(a)must provide for the proposals to be determined by the governing body, and

(b)may not make any provision under subsection (2)(g) or (h) of that section enabling the proposals to be referred to the adjudicator.

(4)Subsection (5) applies to—

(a)proposals which are published under section 19 by the governing body of a community or voluntary controlled school and relate only to a change of category from community or voluntary controlled school to foundation school, together with the acquisition of a foundation or a relevant change in the instrument of government (or both),

(b)proposals which are published under that section by the governing body of a community special school and relate only to a change of category from community special school to foundation special school, together with the acquisition of a foundation or together with both the acquisition of a foundation and a relevant change in the instrument of government, and

(c)proposals which are published under that section by the governing body of a foundation or foundation special school and relate only to the acquisition of a foundation or a relevant change in the instrument of government (or both).

(5)In relation to proposals to which this subsection applies, regulations under section 21—

(a)must provide for the proposals to be determined by the governing body unless the [F1local authority] exercise the right conferred on them by regulations made by virtue of section 23(1), and

(b)may not make any provision under subsection (2)(g) or (h) of section 21 enabling a person other than the [F1local authority] to require the proposals to be referred to the adjudicator.

Textual Amendments

Commencement Information

I24S. 22 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)

23Rights of interested bodies in relation to proposals under section 21E+W

(1)Any regulations under section 21 which enable any proposals falling within subsection (2) which are published by the governing body of the school to which they relate to be determined by the governing body must include provision by virtue of subsection (2)(g) of that section enabling the [F1local authority] to require the proposals to be referred to the adjudicator.

(2)Proposals fall within this section if the proposed alteration would result in a community, voluntary controlled or foundation school or community or foundation special school becoming either or both of the following—

(a)a foundation or foundation special school having a foundation established otherwise than under SSFA 1998;

(b)a foundation or foundation special school whose instrument of government provides for the majority of governors to be foundation governors.

(3)Regulations under section 21 may restrict the matters to which a [F1local authority] may have regard in deciding whether to require proposals to be referred to the adjudicator in accordance with provision included in the regulations by virtue of subsection (1).

(4)If regulations under section 21 provide for any proposals, other than proposals to which section 22(3) or (5) applies, to be determined by a person other than the adjudicator, the regulations must include provision by virtue of section 21(2)(h) enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the other person—

(a)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the authority,

(b)the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the authority, and

F32(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If regulations under section 21 provide for any proposals published by a [F1local authority] in relation to a foundation or voluntary school or a foundation special school to be determined by the [F1local authority], the regulations must include provision by virtue of subsection (2)(h) of that section enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the authority—

(a)the governing body of the school, and

(b)the trustees of the school.

(6)In this section “proposals” means proposals under section 19.

24Proposals under section 19: implementationE+W

(1)Regulations may make provision in connection with the implementation of—

(a)proposals under section 19 which have been approved in accordance with regulations under section 21, or

(b)proposals under section 19 in respect of which approval in accordance with those regulations is not required, and which the person making the proposals has determined to implement.

(2)Regulations under this section may, in particular—

(a)enable a prescribed person to determine in prescribed cases that proposals are not to be implemented or are to be implemented with modifications,

(b)enable prescribed matters relating to the implementation of proposals to be referred to the adjudicator in prescribed cases, and

(c)make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.

(3)Regulations under this section relating to an alteration falling within subsection (2)(a), (b) or (c) of section 18 may include provision with respect to—

(a)the revision or replacement of the school's instrument of government and the reconstitution of its governing body,

(b)the transfer of property, rights and liabilities (including such a transfer to or from a foundation body or trustees),

(c)the transfer of staff, and

(d)any transitional matters.

(4)Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may, in particular, make provision with respect to—

(a)restricting the disposal by a local authority of land which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under section 19, as from—

(i)the date of publication of such proposals, or

(ii)such other time as may be prescribed,

(b)restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent,

(c)the consequences of any contravention of any such restriction as is mentioned in paragraph (a) or (b), and

(d)conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.

(5)Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may also make provision with respect to—

(a)the division and apportionment of property, rights and liabilities any part of which fall to be transferred by or under the regulations where the property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or for the purposes of one or more schools and for other purposes,

(b)excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer,

(c)identifying and defining the property, rights and liabilities which fall to be transferred,

(d)requiring prescribed persons to enter into agreements and execute instruments,

(e)the resolution of disputes relating to a transfer,

(f)the construction of agreements,

(g)the position of third parties affected by a transfer,

(h)the production or delivery of documents, or the provision of information, by a prescribed person to another prescribed person, and

(i)enabling a certificate issued by a prescribed person to be conclusive evidence as to whether or not any property, rights or liabilities were transferred by virtue of the regulations.

(6)Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

(7)Regulations under this section may, in particular, make provision corresponding to that made by, or that which may be made by regulations under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of proposals for establishment or discontinuance).

(8)A school's change of category in pursuance of proposals published under section 19 is not to be taken as authorising any change in the religious character of the school, or the acquisition or loss of religious character.

[F33(9)In subsection (4) “local authority” includes a non-metropolitan district council for an area for which there is a county council.]

Removal of foundation or reduction in foundation governorsE+W

25Proposals for removal of foundation or reduction in foundation governorsE+W

(1)This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.

(2)Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.

(3)Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 24.

(4)The governing body of any foundation or foundation special school to which this section applies may at any time publish proposals under this section for either or both of the following alterations to the school—

(a)the removal of the foundation, or

(b)the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors.

(5)A prescribed proportion of the governors of a foundation or foundation special school to which this section applies may in the prescribed manner require the governing body of the school to publish proposals under this section for either or both of the alterations mentioned in subsection (4).

(6)Subsection (5) does not require the governing body of a foundation or foundation special school to publish proposals under this section—

(a)at any time within a prescribed period beginning with the date on which—

(i)proposals for the establishment of the school were implemented under Schedule 2, or

(ii)proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24, or

(b)at any time within a prescribed period beginning with the date on which previous proposals published under this section in pursuance of a requirement under subsection (5) were rejected by the governing body in accordance with regulations under section 26.

(7)In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).

(8)In this section “foundation” means a foundation established otherwise than under SSFA 1998.

Commencement Information

I27S. 25(1)-(4) (8) in force at 25.5.2007 by S.I. 2007/935, art. 7(e)

I28S. 25(5)-(7) in force at 1.4.2007 by S.I. 2007/935, art. 5(d)

26Proposals under section 25: procedureE+W

(1)Regulations may make provision about the publication and determination of proposals under section 25.

(2)The provision that may be made includes provision—

(a)about the information to be included in, or provided in relation to, the proposals;

(b)about consultation on the proposals;

(c)about the manner in which proposals are to be published under section 25;

(d)for the making of objections to or comments on the proposals;

(e)for the withdrawal of proposals in prescribed cases;

(f)for the consideration of the proposals by the governing body;

(g)enabling the governing body to approve or reject the proposals;

(h)enabling the governing body to reject any proposals published in pursuance of a requirement under section 25(5) (“required proposals”) only by a decision made with the support of a prescribed proportion of the governors;

(i)for the approval of required proposals given in the prescribed manner by a prescribed proportion of the governors to be treated as approval by the governing body;

(j)for the approval of proposals either without modifications or in prescribed cases with modifications of a prescribed kind;

(k)as to the manner in which, and time within which, anything authorised or required by the regulations must be done.

(3)Regulations under this section may in prescribed cases—

(a)require the governing body to ensure that matters relating to—

(i)any transfer which may be required by virtue of subsection (2)(b) of section 27, or

(ii)any payment which might be required by virtue of subsection (4) or (5) of that section,

are agreed or determined before the proposals are published, and

(b)enable or require any such matter to be referred to the adjudicator for determination before the proposals are published.

(4)Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

Commencement Information

I29S. 26 in force at 1.4.2007 by S.I. 2007/935, art. 5(e)

27Proposals under section 25: implementationE+W

(1)Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.

(2)Regulations under this section may, in particular—

(a)make provision for the revision or replacement of the school's instrument of government and the reconstitution of its governing body;

(b)make provision for the transfer of property, rights and liabilities;

(c)make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.

(3)Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).

(4)Where—

(a)any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and

(b)the governing body, a [F1local authority] or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,

regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the [F1local authority] or a prescribed person.

(5)Where—

(a)any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and

(b)the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,

regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.

(6)Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

(7)The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.

(8)In this section “foundation” means a foundation established otherwise than under SSFA 1998.

Textual Amendments

Commencement Information

I30S. 27(1)-(6) (8) in force at 1.4.2007 by S.I. 2007/935, art. 5(f)

I31S. 27(7) in force at 25.5.2007 by S.I. 2007/935, art. 7(f)

GeneralE+W

28Restriction on establishment, alteration or discontinuance of schoolsE+W

(1)Except in pursuance of proposals falling to be implemented under this Part F34...—

(a)no maintained school may be established or discontinued;

(b)no prescribed alteration may be made to a maintained school.

(2)In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

(3)Subsection (1) has effect subject to—

(a)sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued),F35...

(b)section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school)[F36, and

(c)section 6(2) of the Academies Act 2010 (requirement to cease to maintain school in respect of which Academy order has effect).]

(4)Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.

Textual Amendments

F35Word in s. 28(3) omitted (29.7.2010) by virtue of Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 20; S.I. 2010/1937, art. 2, Sch. 1

F36S. 28(3)(c) and word inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 20; S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I32S. 28 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)

29Abolition of school organisation committeesE+W

Section 24 of, and Schedule 4 to, SSFA 1998 (which require [F1local authorities] in England to establish a school organisation committee for their area) cease to have effect.

Textual Amendments

Commencement Information

I33S. 29 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)

30Amendments relating to school organisationE+W

Schedule 3 contains amendments relating to school organisation.

Commencement Information

I34S. 30 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)

31Transitional provisionsE+W

(1)The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.

(2)Regulations under this section may, in particular, make provision with respect to—

(a)the determination or implementation of proposals made under the previous enactments,

(b)references made to school organisation committees or adjudicators under the previous enactments.

(3)This section does not limit the powers conferred by section 183.

(4)In this section “the previous enactments” means—

(a)sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998 (establishment, alteration, discontinuance or change of category of schools) so far as applying to England, and

(b)sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.

Commencement Information

I35S. 31 in force at 1.4.2007 by S.I. 2007/935, art. 5(g)

32Interpretation of Part 2E+W

(1)In this Part, except where the contrary intention appears—

  • adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;

  • discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);

  • foundation”, in relation to a foundation or voluntary school, has (subject to sections 25(8) and 27(8)) the meaning given by section 21(3) of SSFA 1998;

  • [F1local authority]”, in relation to a school maintained (or proposed to be maintained) by a [F1local authority], means that authority;

  • maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;

  • maintained school” means any of the following schools in England—

    (a)

    a community, foundation or voluntary school,

    (b)

    a community or foundation special school, or

    (c)

    a maintained nursery school;

  • prescribed” means prescribed by regulations;

  • regulations” means regulations made under this Part by the Secretary of State.

(2)For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.

Textual Amendments

Commencement Information

I36S. 32 in force at 1.4.2007 by S.I. 2007/935, art. 5(g)

Part 3E+WFurther provisions about maintained schools

Foundation, voluntary and foundation special schoolsE+W

33Requirements as to foundationsE+W

(1)After section 23 of SSFA 1998 insert—

23AFoundation and foundation special schools: requirements as to foundations

(1)This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.

(2)Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.

(3)Condition B is that the school—

(a)acquired its foundation, or

(b)became a school whose instrument of government provides for the majority of governors to be foundation governors,

in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.

(4)Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.

(5)No institution may act as the foundation of a school to which this section applies unless—

(a)it is a body corporate of a prescribed description,

(b)it is a charity (whether by virtue of section 23(3) or otherwise), and

(c)it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.

(6)The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.

(7)Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.

(8)Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—

(a)the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and

(b)the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.

(9)Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.

(10)In this section and section 23B—

  • charity” has the same meaning as in the Charities Act 1993;

  • charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 1993 a charity trustee in relation to the school's foundation;

  • foundation” means a foundation established otherwise than under this Act;

  • institution” has the same meaning as in the Charities Act 1993;

  • purpose” includes object.

23BPowers of Secretary of State in relation to charity trustees of foundations

(1)Regulations may make provision enabling the Secretary of State in prescribed cases by direction—

(a)to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;

(b)to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).

(2)Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 18 of the Charities Act 1993 for the removal or appointment of a charity trustee.

(3)Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.

(2)In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.

Commencement Information

I37S. 33 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(h)

I38S. 33 in force at 25.5.2007 in so far as not already in force by S.I. 2007/935, art. 7(h)

34Parent councils for certain foundation or foundation special schoolsE+W

After section 23 of EA 2002 insert—

23AParent councils

(1)A school is for the purposes of this section a “qualifying school” if—

(a)it is a foundation or foundation special school in England,

(b)it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

(c)the instrument of government for the school provides that the majority of governors are to be foundation governors.

(2)The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

(3)The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

(4)Regulations may make provision as to—

(a)the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

(b)eligibility for election or appointment,

(c)the duration of membership, and

(d)meetings and proceedings of a parent council.

(5)Regulations—

(a)must require the majority of members of a parent council to be parent members, and

(b)may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

(6)Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

(7)The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.

(8)The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

(9)In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.

Commencement Information

I39S. 34 in force at 25.5.2007 by S.I. 2007/935, art. 7(i)

35Funding of voluntary aided schools: meaning of “capital expenditure”E+W

(1)Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is amended as follows.

(2)In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the definition of “capital expenditure” for the purposes of the Schedule).

(3)After paragraph 9 insert—

9AMeaning of “capital expenditure”

(1)This paragraph applies for the purposes of this Schedule as it applies in relation to England.

(2)Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—

(a)expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or

(b)expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.

(3)The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—

(a)any appropriate body, or any prescribed class or description of appropriate body;

(b)any promoters, or any prescribed class or description of promoters.

(4)The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—

(a)expenditure of a particular appropriate body which is expenditure of a particular class or description;

(b)expenditure of particular promoters which is expenditure of a particular class or description,

is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.

(5)Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.

(6)In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—

(a)the governing body of the school, or

(b)a relevant body in relation to the school (within the meaning of paragraph 5).

(1)For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, means those accounting practices—

(a)which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the appropriate body, or as the case may be, the promoters, or

(b)which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the [F1local authority].

(2)In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

(3)In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.

Textual Amendments

Commencement Information

I40S. 35 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(i)

I41S. 35 in force at 25.5.2007 in so far as not already in force by S.I. 2007/935, art. 7(j)

36Disposals and changes of use of landE+W

Schedule 4 contains amendments of—

(a)Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary or foundation special schools and disposals on discontinuance), and

(b)section 77 of that Act (control of disposals or changes of use of school playing fields in relation to England),

and amendments which are consequential to those amendments.

Commencement Information

I42S. 36 in force at 25.5.2007 by S.I. 2007/935, art. 7(k)

37Staff at foundation or voluntary schools with religious characterE+W

(1)In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher).

(2)In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)—

(a)in subsection (4), after “(whether foundation or voluntary controlled)” insert “ in a case where the head teacher is not to be a reserved teacher ”, and

(b)in subsection (6), after “voluntary aided school” insert “ in Wales ”.

Commencement Information

I43S. 37 in force at 1.9.2008 for E. by S.I. 2008/1971, art. 2(a) (with art. 3)

I44S. 37(1)(2)(a) in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

General duties of governing bodyE+W

38General duties of governing body of maintained schoolE+W

(1)In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—

(5)The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—

(a)promote the well-being of pupils at the school, and

(b)in the case of a school in England, promote community cohesion.

(6)The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.

(7)In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

(8)In this section “well-being”—

(a)in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and

(b)in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.

(9)In this section “relevant children and young people's plan” means—

(a)in relation to a school in England—

(i)any plan published by the [F1local authority] under section 17 of the Children Act 2004 (children and young people's plans: England), or

(ii)in a case where the [F1local authority] are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section, and

(b)in relation to a school in Wales—

(i)any plan published by the [F1local authority] under section 26 of the Children Act 2004 (children and young people's plans: Wales), or

(ii)in a case where the [F1local authority] are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.

(2)In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—

(4A)In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.

(4B)In subsection (4A) “relevant children and young people's plan” has the meaning given by section 21(9).

(4C)In exercising the power under section 27(1), the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils in circumstances where subsection (4)(a)(iii) does not apply.

Textual Amendments

Commencement Information

I45S. 38 in force at 1.9.2008 for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3

I46S. 38(1) in force at 25.5.2007 for specified purposes for E. by S.I. 2007/1271, art. 2

I47S. 38(1) in force at 1.9.2007 for E. in force in so far as not already in force by S.I. 2007/1801, art. 3(a)

I48S. 38(2) in force at 25.5.2007 for E. by S.I. 2007/1271, art. 3

School admissionsE+W

39General restriction on selection by abilityE+W

(1)No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—

(a)they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or

(b)the school is a grammar school.

(2)For the purposes of subsection (1) a school's admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.

(3)In this section—

  • ability” means either general ability or ability in any particular subject or subjects;

  • admission arrangements” has the meaning given by section 88(2) of SSFA 1998;

  • grammar school” has the meaning given by section 104(7) of SSFA 1998;

  • relevant age group” has the meaning given by section 142(1) of SSFA 1998.

(4)In section 99 of SSFA 1998—

(a)omit subsection (1) (which is re-enacted as subsection (1) of this section), and

(b)in subsection (2) after “are” insert “ for the purposes of section 39(1) of the Education and Inspections Act 2006 ”.

Commencement Information

I49S. 39 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(b)

I50S. 39 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

40Code for school admissionsE+W

(1)Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).

(2)In subsection (1)—

(a)for “a code of practice containing such practical guidance” substitute “ a code for school admissions containing such provision ”, and

(b)after paragraph (b) insert—

(ba)admission forums,.

(3)In subsection (2), for the words from “include” to “other matters” substitute “ impose requirements, and may include guidelines setting out aims, objectives and other matters, ”.

(4)In subsection (3), for “to have regard to” substitute “ to act in accordance with ”.

(5)In subsection (5), omit “of practice” (in each place where it occurs).

(6)In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—

admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;.

(7)In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “ for school admissions ”.

(8)In section 85 of SSFA 1998 (making and approval of code of practice)—

(a)in subsection (1) omit “of practice”, and

(b)for the heading substitute “ Making and approval of code for school admissions ”.

(9)In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.

Commencement Information

I51S. 40 in force at 12.12.2006 for E. by S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)

I52S. 40 in force at 1.9.2008 for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

41Role of admission forumsE+W

F37(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—

(10)In this section, “the appropriate bodies”, in relation to an admission authority, means—

(a)the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, and

(b)in the case of an admission authority for a maintained school in England, the admission forum for the area of the [F1local authority] in which the school is situated.

(8)In section 90 (reference of objections to adjudicator or Secretary of State)—

(a)in subsection (1) for paragraph (b) substitute—

(b)an appropriate body wishes to make an objection about those arrangements, and, and

(b)after subsection (10) insert—

(11)In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—

(a)any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, and

(b)in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the [F1local authority] in which the school is situated.

42Support for parental preferencesE+W

In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—

(1A)A [F1local authority] in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).

Textual Amendments

Commencement Information

I54S. 42 in force at 27.2.2007 by S.I. 2006/3400, art. 7(b)

43Duty of governing body to implement decisions relating to admissionsE+W

(1)In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—

(1A)Where the admission authority for a community or voluntary controlled school is the [F1local authority], it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

(1B)Subsection (1A) does not affect—

(a)any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

(b)any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

(c)the application of section 101(2A) or section 109(2).

(2)In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a [F1local authority] and the governing body of a maintained school” substitute “ the admission authority for a maintained school ”.

(3)In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—

(a)in subsection (3) for “by virtue of this section” substitute “ by virtue of section 89B ”, and

(b)after subsection (3) insert—

(3A)Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the [F1local authority] although they are not the admission authority, the governing body of the school must implement the decision.

(4)In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “ in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority ”.

Textual Amendments

Commencement Information

I55S. 43 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(a)

I56S. 43 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

44Prohibition on interviewsE+W

After section 88 of SSFA 1998 insert—

88AProhibition on interviews

(1)No admission arrangements for a maintained school may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

(2)If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

(3)Where the admission arrangements for a maintained school make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

(4)In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).

Commencement Information

I57S. 44 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(c)

I58S. 44 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

45Admission arrangements for schools with religious character: consultation and objectionsE+W

In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—

(a)omit the “and” at the end of paragraph (c), and

(b)after paragraph (d) insert and

(e)in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.

Commencement Information

I59S. 45 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(b)

I60S. 45 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F3846Restrictions on alteration of admission arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I61S. 46 in force at 27.2.2007 by S.I. 2006/3400, art. 7(c)

47Objections to admission arrangementsE+W

(1)Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.

(2)After subsection (5) insert—

(5A)Where the adjudicator or the Secretary of State is required by virtue of subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an objection to admission arrangements, he may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not he would be required to do so for the purpose of determining the objection.

(5B)In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) must publish a report containing the following—

(a)his decision on the objection,

(b)any decision he has made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of his decision on the objection or otherwise,

(c)if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify, and

(d)his reasons for the decisions mentioned in paragraphs (a) to (c).

(5C)Where the adjudicator or the Secretary of State (as the case may be) decides that it would be appropriate for changes to be made to the admission arrangements, his decision may specify the modifications that are to be made to the arrangements.

(3)Subsections (6) and (7) are omitted.

(4)For subsection (8) substitute—

(8)The decisions of the adjudicator or the Secretary of State mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if the adjudicator or the Secretary of State has decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.

(5)In subsection (9)—

F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “ a report required to be published under subsection (5B) is ”.

(6)Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).

Textual Amendments

Commencement Information

I62S. 47 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(d)

I63S. 47 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

48Looked after children to whom section 87(2) of SSFA 1998 appliesE+W

(1)In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—

(2A)Subsection (2) does not apply in relation to a decision made by or on behalf of a [F1local authority] in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).

(2)After that section insert—

95AReferences relating to looked after children to whom section 87(2) applies

(1)This section applies where—

(a)a [F1local authority] in England are the admission authority for a community or voluntary controlled school, and

(b)a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.

(2)The [F1local authority] must give notice of the decision to the governing body of the school.

(3)The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.

(4)A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

(5)If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—

(a)the decision to admit the child to the school shall cease to have effect, but

(b)the adjudicator may determine that another maintained school in England is to be required to admit the child.

(6)A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.

(7)A determination under subsection (5)(b) may not be made if—

(a)the child is permanently excluded from the other school, or

(b)the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

(8)If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—

(a)the admission authority for the school shall admit the child to the school, and

(b)if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.

(9)Regulations may make provision—

(a)requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;

(b)requiring an admission authority for a maintained school to provide information which—

(i)falls within a prescribed description, and

(ii)is requested by the adjudicator for the purposes of any such determination.

Textual Amendments

Commencement Information

I64S. 48 in force at 8.1.2007 by S.I. 2006/3400, art. 3(a)

49Procedure for giving directions under section 96 of SSFA 1998E+W

In section 97 of SSFA 1998 (procedure for giving directions under section 96)—

(a)in subsection (2)(b)—

(i)for “the Secretary of State” (in both places where it occurs) substitute “ the appropriate authority ”, and

(ii)for “his determination” substitute “ its determination ”,

(b)in subsection (3), for “the Secretary of State” substitute “ the appropriate authority ”,

(c)in subsection (4)—

(i)for “the Secretary of State” substitute “ the appropriate authority ”,

(ii)for “if he does so” substitute “ if it does so ”, and

(iii)in paragraph (a)(ii) for “the Secretary of State's” substitute “ the appropriate authority's ”,

(d)in subsection (5) for “The Secretary of State” substitute “ The appropriate authority ”, and

(e)after subsection (6) insert—

(6A)In this section, “the appropriate authority” means—

(a)in relation to a [F1local authority] in England, the adjudicator, and

(b)in relation to a [F1local authority] in Wales, the Assembly.

Textual Amendments

Commencement Information

I65S. 49 in force at 8.1.2007 by S.I. 2006/3400, art. 3(b)

50Direction to admit looked after child to specified schoolE+W

(1)After section 97 of SSFA 1998 insert—

97ADirection to admit looked after child to specified school

(1)A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.

(2)A direction under this section shall not specify a school from which the child is permanently excluded.

(3)Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.

(4)Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

97BProcedure for giving direction under section 97A

(1)Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.

(2)The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.

(3)Where the local authority decide to give a direction under section 97A specifying a school—

(a)they shall, before doing so, serve a notice in writing of their decision on—

(i)the admission authority for the school,

(ii)if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,

(iii)if the school is maintained by a [F1local authority] who are not the authority proposing to give the direction and are not the admission authority, the [F1local authority] who maintain the school, and

(iv)the head teacher of the school, and

(b)they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.

(4)The following persons—

(a)the admission authority on whom a notice is served under subsection (3)(a)(i), and

(b)in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),

may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.

(5)A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

(6)If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—

(a)the local authority may not give a direction under section 97A that the school admit the child, but

(b)the adjudicator may determine that another school in England is to be required to admit the child.

(7)A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.

(8)A determination under subsection (6)(b) may not be made if—

(a)the child is permanently excluded from the other school, or

(b)the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

(9)If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—

(a)if the local authority referred to in subsection (1) are the admission authority for that school they shall—

(i)admit the child to the school, and

(ii)give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and

(b)in any other case, the local authority shall specify that school in their direction under section 97A.

(10)A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.

(2)In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—

(7)In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.

F40(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—

child looked after by a local authority (in Chapter 1 of Part 3)section 84(7).

51Directions to admit child to specified school: supplementary provisionsE+W

(1)In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.

(2)In section 96 of SSFA 1998 (direction to admit child to specified school)—

(a)in subsection (3) for “the Secretary of State” substitute “ the appropriate authority (within the meaning of section 97) ”, and

(b)in subsection (8) for “section 97” substitute “ sections 97 to 97C ”.

(3)After section 97B of SSFA 1998 (inserted by section 50) insert—

97CDeterminations under section 97 or 97B: supplemental

Regulations may make provision in relation to England—

(a)requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;

(b)requiring an admission authority for a school to provide information which—

(i)falls within a prescribed description, and

(ii)is requested by the adjudicator for the purposes of any such determination.

Commencement Information

I67S. 51 in force at 8.1.2007 by S.I. 2006/3400, art. 3(d)

52Power of Assembly to make regulations about looked after childrenE+W

(1)After section 97C of SSFA 1998 (inserted by section 51) insert—

Looked after children in WalesE+W
97DPower of Assembly to make regulations about admission of looked after children

(1)The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.

(2)Regulations under subsection (1) may include provision requiring the admission authorities for such schools—

(a)to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;

(b)to admit looked after children in prescribed circumstances, subject to prescribed exceptions.

(3)Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—

(a)shall not apply in relation to looked after children;

(b)shall apply in relation to such children with prescribed modifications.

F41(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I68S. 52 in force at 8.1.2007, see s. 188(2)

53Schools with pre-1998 arrangements for selection by ability or aptitudeE+W

(1)Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.

(2)In subsection (1) for the words from “so long as” to the end of the subsection substitute so long as—

(a)the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and

(b)there is no significant change in the basis of selection.

(3)After subsection (1) insert—

(1A)In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.

Commencement Information

I69S. 53 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(e)

I70S. 53 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

54Pupil bandingE+W

(1)In section 101 of SSFA 1998 (permitted selection: pupil banding)—

(a)in subsection (1)—

(i)for “subsections (2) to (4)” substitute “ subsections (2) and (2A) ”, and

(ii)after “a maintained school” insert “ in England or Wales ”,

(b)after subsection (1) insert—

(1A)Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—

(a)that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—

(i)children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the [F1local authority],

(ii)children in that age group who live in the area of the [F1local authority], or

(iii)children in that age group who live in England, and

(b)that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.,

(c)in subsection (2) for “Subsection (1)” substitute “ Subsection (1) or (1A) ”,

(d)after subsection (2) insert—

(2A)If the admission authority for a maintained school in England is the [F1local authority], the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.,

F42(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in subsection (4), for the words from the beginning to “any school” substitute “ In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised ”, and

(g)in subsection (5), for “subsection (1)” substitute “ subsection (1) or (1A) ”.

(2)In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.

(3)In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—

(a)in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute constitutes—

(a)in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and

(b)in relation to Wales, a prescribed alteration for the purposes of section 28, and

(b)in subsection (3) —

(i)for “section 101(1)” substitute “ section 101(1) or (1A) ”, and

(ii)for “the objectives mentioned in section 101(1)(a) and (b)” substitute “ the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b) ”.

Textual Amendments

Commencement Information

I71S. 54(1)(2)(3)(b) in force at 8.1.2007 by S.I. 2006/3400, art. 3(e)

I72S. 54(3)(a) in force at 25.5.2007 by S.I. 2007/935, art. 7(l)

MiscellaneousE+W

55Right of sixth-form pupils to be excused from attendance at religious worshipE+W

(1)Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

(2)For subsection (1) substitute—

(1)If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn.

(1A)If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn.

(1B)If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.

(3)In subsection (2), for “subsection (1)” substitute “ subsections (1) to (1B) ”.

(4)In subsection (3), after “subsection (1)” insert “ or (1A) ”.

(5)In subsection (5), after “voluntary school” insert “ and is not a sixth-form pupil ”.

(6)After subsection (5) insert—

(5A)Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted—

(a)to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or

(b)to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs,

the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.

(7)In subsection (6), after “subsection (5)” insert “ or (5A) ”.

(8)For subsection (7) substitute—

(7)Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school—

(a)receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and

(b)attends religious worship unless withdrawn from attendance at such worship—

(i)in the case of a sixth-form pupil, in accordance with his own wishes, and

(ii)in any other case, in accordance with the wishes of his parent.

(9)After subsection (7) insert—

(8)In this section “sixth-form pupil” means any pupil who—

(a)has ceased to be of compulsory school age, and

(b)is receiving education suitable to the requirements of pupils over compulsory school age.

Commencement Information

I73S. 55 in force at 9.2.2009 for W. by S.I. 2009/49, art. 2

I74S. 55(1)-(7) in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(b)

I75S. 55(8)(9) in force at 25.6.2007 for E. by S.I. 2007/1801, art. 2

56Charges for music tuitionE+W

(1)In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—

(3)Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.

(2)In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “ singing or in ”.

Commencement Information

I76S. 56 in force at 25.5.2007 for E. by S.I. 2007/935, art. 6(b) (with transitional provisions and savings in S.I. 2007/1271, art. 5)

57School fundingE+W

Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing of maintained schools).

Commencement Information

I77S. 57 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(a)

I78S. 57 in force at 15.3.2010 for specified purposes for W. by S.I. 2010/736, art. 2(a)

I79S. 57 in force at 2.4.2010 for W. in so far as not already in force by S.I. 2010/736, art. 3(a)

F4358Removal of requirement to issue code of practice as to relationships between local authorities and maintained schools in England etcE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4E+WSchools causing concern: England

IntroductionE+W

59Meaning of “maintained school” and “eligible for intervention”E+W

(1)In this Part “maintained school” means any of the following schools in England—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, or

(c)a maintained nursery school.

(2)In this Part, references to a school being “eligible for intervention” are to be read in accordance with—

  • section 60 ([F44performance standards and safety warning notice]),

  • [F45section 60A (teachers' pay and conditions warning notice),]

  • [F46section 60B (coasting schools),]

  • section 61 (school requiring significant improvement), and

  • section 62 (school requiring special measures).

Textual Amendments

F46Words in s. 59(2) inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(2), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

Commencement Information

I80S. 59 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Schools that are eligible for interventionE+W

60[F47Performance standards and safety warning notice]E+W

[F48(1)A maintained school is by virtue of this section eligible for intervention if—

(a)a relevant authority have given the governing body a warning notice in accordance with subsection (2),

(b)the period for compliance specified in the notice (“the compliance period”) has expired,

(c)the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and

(d)the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).]

(2)A [F49relevant authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied—

(a)that the standards of performance of pupils at the school are unacceptably low, and are likely to remain so unless the authority exercise their powers under this Part, or

(b)that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or

(c)that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).

(3)For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain,

(b)where relevant, the standards previously attained by them, or

(c)the standards attained by pupils at comparable schools.

(4)For the purposes of this section a “warning notice” is a notice in writing by the [F49relevant authority] setting out—

(a)the matters on which the conclusion mentioned in subsection (2) is based,

(b)the action which they require the governing body to take in order to remedy those matters,

(c)[F50the compliance period for the purposes of subsection (1)(c),] and

(d)the action which the [F49relevant authority] are minded to take (under one or more of sections 63 to [F5169] or otherwise) if the governing body fail to take the required action.

[F52(4A)If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.

(4B)If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.]

F53(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The [F49relevant authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

(a)the Chief Inspector,

(b)the head teacher of the school,

(c)in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d)in the case of a foundation or voluntary school, the person who appoints the foundation governors.

[F54(6A)If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.

(6B)If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.]

F55(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56(10)In this section “relevant authority” means—

(a)the local authority, or

(b)the Secretary of State.]

Textual Amendments

F49Words in s. 60 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F51Word in s. 60(4)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F53S. 60(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(f), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F55S. 60(7)-(9) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(h), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I81S. 60 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

[F5760ATeachers' pay and conditions warning noticeE+W

[F58(1)A maintained school is by virtue of this section eligible for intervention if—

(a)the local authority have given the governing body a warning notice in accordance with subsection (2),

(b)the period for compliance specified in the notice (“the compliance period”) has expired,

(c)the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and

(d)the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.]

(2)A [local authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

(a)the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(b)the governing body have failed to secure that the head teacher of the school complies with such a provision.

(3)In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

(4)For the purposes of this section a “warning notice” is a notice in writing by the [local authority] setting out—

(a)the matters on which the conclusion mentioned in subsection (2) is based,

(b)the action which they require the governing body to take in order to remedy those matters,

(c)[F59the compliance period for the purposes of subsection (1)(c),] and

(d)the action which the [local authority] are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.

F60(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The [local authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

[F61(za)the Secretary of State,]

(a)the head teacher of the school,

(b)in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c)in the case of a foundation or voluntary school, the person who appoints the foundation governors.

F62(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(10)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6360BCoasting schoolsE+W

(1)A maintained school is by virtue of this section eligible for intervention if—

(a)the school is coasting, and

(b)the Secretary of State has notified the governing body that it is coasting.

(2)The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.

(3)The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.]

Textual Amendments

F63S. 60B inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(3), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

Modifications etc. (not altering text)

61School requiring significant improvementE+W

A maintained school is by virtue of this section eligible for intervention if—

(a)following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and

(b)where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the notice has not been superseded by—

(i)the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or

(ii)the Chief Inspector giving the Secretary of State a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).

Modifications etc. (not altering text)

C11Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

Commencement Information

I82S. 61 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

62School requiring special measuresE+W

A maintained school is by virtue of this section eligible for intervention if—

(a)following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and

(b)where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.

Modifications etc. (not altering text)

C11Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

Commencement Information

I83S. 62 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Intervention by [F1local authority] E+W

63Power of [F3local authority] to require governing body to enter into arrangementsE+W

(1)If at any time a maintained school is eligible for intervention [F64other than by virtue of section 60A], then (subject to subsection (3)) the [F1local authority] may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a)to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b)to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c)to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d)to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2)Before exercising the power conferred by subsection (1), the [F1local authority] must consult—

(a)the governing body of the school,

(b)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3)Where the school is eligible for intervention by virtue of section 60 (school subject to [F65performance standards and safety warning]), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F66section 60(1)(b)]).

(4)A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

64Power of [F3local authority] etc. to appoint additional governorsE+W

(1)If at any time a maintained school is eligible for intervention, then (subject to [F67subsection (2)]) the [F1local authority] may appoint such number of additional governors as they think fit.

F68(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where the school is eligible for intervention by virtue of section 60 (school subject to [F69performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F70section 60(1)(b)] [F71or as the case may be [F72section 60A(1)(b)]]).

(3)In relation to any appointment made by the [F1local authority] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the [F1local authority] to appoint such number of additional governors as they think fit.

(4)If at any time—

(a)a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to [F73performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], and

(b)the [F1local authority] have exercised their power to appoint additional governors under subsection (1),[F74and]

[F74(c)the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,]

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

(5)Any additional foundation governors appointed under subsection (4)—

(a)shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

(b)shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

(6)If at any time—

(a)a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),

(b)the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),

(c)the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and

(d)the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

(7)In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).

(8)Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

(a)to the appropriate diocesan authority, if it is a Church of England school or a Roman Catholic Church school; or

(b)in any other case, to the person or persons by whom the foundation governors are appointed.

(9)Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

(a)to all those persons who have any such power acting jointly, or

(b)if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

Textual Amendments

F67Words in s. 64(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(2)(a), 19(2); S.I. 2016/466, reg. 2

F68S. 64(1A) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 6(2)(b), 19(2); S.I. 2016/466, reg. 2

F70Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F72Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

Commencement Information

I85S. 64 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

65Power of [F3local authority] to provide for governing body to consist of interim executive membersE+W

(1)If at any time a maintained school is eligible for intervention, the [F1local authority] may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

(2)Before exercising the power conferred by subsection (1), the [F1local authority] must consult—

(a)the governing body of the school,

(b)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Textual Amendments

Commencement Information

I86S. 65 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

66Power of [F3local authority] to suspend right to delegated budgetE+W

(1)If at any time—

(a)a maintained school is eligible for intervention, and

(b)the school has a delegated budget within the meaning of Part 2 of SSFA 1998,

then (subject to subsection (2)) the [F1local authority] may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body's right to a delegated budget with effect from the receipt of the notice by the governing body.

(2)Where the school is eligible for intervention by virtue of section 60 (school subject to [F75performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F76section 60(1)(b)] [F77or as the case may be [F78section 60A(1)(b)]]).

(3)A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.

(4)A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.

Intervention by Secretary of StateE+W

[F7966APower of Secretary of State to require governing body to enter into arrangementsE+W

(1)If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a)to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b)to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c)to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d)to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2)Before exercising the power conferred by subsection (1), the Secretary of State must consult—

(a)the governing body of the school,

(b)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3)Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).

(4)A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.]

Textual Amendments

67Power of Secretary of State to appoint additional governorsE+W

(1)If at any time a maintained school is eligible for intervention F80..., the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.

(2)Before making any such appointment, the Secretary of State must consult—

(a)the [F1local authority],

(b)the governing body of the school,

(c)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3)A governor appointed under this section—

(a)shall hold office as governor for such term, and

(b)if nominated as chairman of the governing body, shall be chairman of that body for such period,

as the Secretary of State may determine.

(4)The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

(5)In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.

(6)Where the Secretary of State has exercised his power under this section in relation to a school, then—

(a)in any such case—

(i)the [F1local authority] may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and

(ii)if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and

(b)in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.

(7)The revocation of a suspension under subsection (6)(a)—

(a)must be notified to the [F1local authority] in writing, and

(b)takes effect from such date as is specified in that notification.

68Power of Secretary of State to direct closure of schoolE+W

(1)If at any time a maintained school is eligible for intervention [F81other than by virtue of section 60A], the Secretary of State may give a direction to the [F1local authority] requiring the school to be discontinued on a date specified in the direction.

(2)Before giving a direction under subsection (1), the Secretary of State must consult—

(a)the [F1local authority] and the governing body of the school,

(b)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,

(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,

F82(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)such other persons as the Secretary of State considers appropriate.

(3)On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(4)Where the [F1local authority] are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

(5)In this section any reference to the discontinuance of a maintained school is a reference to the [F1local authority] ceasing to maintain it.

69Power of Secretary of State to provide for governing body to consist of interim executive membersE+W

(1)If at any time a maintained school is eligible for intervention F83... ,the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

(2)Before exercising the power conferred by subsection (1), the Secretary of State must consult—

(a)the [F1local authority],

(b)the governing body of the school,

(c)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3)The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the [F1local authority] have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.

[F84(4)Subsection (2) does not apply if an Academy order has effect in respect of the school.]

Textual Amendments

Modifications etc. (not altering text)

C13S. 69 applied (with modifications) by S.I. 2007/2978 reg. 24(1) (as inserted (1.9.2012) by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 2(10))

Commencement Information

I90S. 69 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

F8569APower of Secretary of State to direct local authority to give performance standards and safety warning noticeE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85S. 69A omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(6), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[F8669BPower of Secretary of State to direct [local authority] to give teachers' pay and conditions warning noticeE+W

(1)This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2)The condition is that there are reasonable grounds for a [local authority] to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).

(3)The condition is that one of the following applies—

(a)the authority have not given a warning notice to the governing body under section 60A on those grounds;

(b)the authority have done so, but in inadequate terms;

F87(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section [F8860A(1)(b)]) has ended.

(4)The Secretary of State may direct the [local authority] to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.

(5)If the Secretary of State gives a direction under subsection (4) to a [local authority] in respect of a governing body, the authority must—

(a)give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,

(b)when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and

(c)give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.

(6)The [local authority]'s response to the direction must do one of the following—

(a)state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b)state that the authority have decided not to give a warning notice to the governing body in those terms.

(7)If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a)give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and

(b)on the same day as they do so, give the Secretary of State a copy of the notice.

(8)If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

(a)the response must set out the authority's reasons for the decision, and

(b)the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).

(9)If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

(a)comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and

(b)on the same day as they do so, give the Secretary of State a copy of the notice.

(10)Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

(11)A direction under this section must be in writing.]

Governing bodies consisting of interim executive members: further provisionsE+W

70Governing bodies consisting of interim executive membersE+W

Schedule 6 has effect in relation to any school in respect of which a notice has been given—

(a)under section 65(1) by the [F1local authority], or

(b)under section 69(1) by the Secretary of State.

Textual Amendments

Commencement Information

I91S. 70 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

[F89Interaction between different intervention powers etcE+W

Textual Amendments

70ADuties for local authorities and Secretary of State to notify each otherE+W

(1)A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.

(2)The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.

70BRestriction on use of local authority intervention powersE+W

(1)This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.

(2)The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.

70CSecretary of State's power to take over responsibility for interim executive membersE+W

(1)This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).

(2)The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—

(a)the notice given by the local authority in accordance with section 65 is to be treated as having been given by the Secretary of State in accordance with section 69, and

(b)anything done by or in relation to the local authority under Schedule 6 is to be treated as having been done by or in relation to the Secretary of State.]

Amendments relating to schools causing concernE+W

71Amendments relating to schools causing concernE+W

Schedule 7 contains amendments related to the provisions of this Part.

Commencement Information

I92S. 71 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

SupplementaryE+W

72Duty of [F3local authority] to have regard to guidanceE+W

A [F1local authority] must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.

73Interpretation of Part 4E+W

In this Part—

  • appropriate diocesan authority” has the same meaning as in SSFA 1998;

  • Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

  • Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;

  • eligible for intervention”, in relation to a maintained school, has the meaning given by section 59(2);

  • maintained school” has the meaning given by section 59(1).

  • F90...

Textual Amendments

F90Words in s. 73 omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(7), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I94S. 73 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Part 5E+WCurriculum and entitlements

74Curriculum requirements for the fourth key stageE+W

(1)For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

85Curriculum requirements for the fourth key stage

(1)For the fourth key stage, the National Curriculum for England shall comprise—

(a)the core and other foundation subjects,

(b)work-related learning, and

(c)in relation to any pupil, such other courses of study as are necessary to satisfy the entitlements conferred on him by subsection (5) and section 85A.

(2)The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3)The following are the core subjects for the fourth key stage—

(a)mathematics,

(b)English, and

(c)science.

(4)The following are the other foundation subjects for the fourth key stage—

(a)information and communication technology,

(b)physical education, and

(c)citizenship.

(5)A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a)approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b)specified by the Secretary of State by order for the purposes of this subsection.

(6)In the exercise of their functions under this Part so far as those functions relate by virtue of this section to work-related learning a [F1local authority], governing body or head teacher shall have regard to any guidance issued from time to time by the [F91Secretary of State].

(7)In this section “work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work.

85AEntitlement areas for the fourth key stage

(1)A pupil in the fourth key stage is also entitled to [F92follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose.]

(2)The entitlement areas referred to in subsection [F93(1)] are—

(a)arts, comprising—

(i)art and design,

(ii)music,

(iii)dance,

(iv)drama, and

(v)media arts,

(b)design and technology (comprising only that subject),

(c)humanities, comprising—

(i)geography, and

(ii)history, and

(d)modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(3)An order under subsection (2)(d) may—

(a)specify circumstances in which a language is not to be treated as falling within subsection (2)(d), and

(b)provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(4)The entitlement conferred on a pupil by this section is to be taken to be satisfied[F94if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil.]

(5)In the exercise of their functions by virtue of this Part in relation to courses of study falling within subsection [F95 (1)], a [F1local authority], governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State F96....

(6)In this section “course of study” means[F97a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act.]

(2)In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

(a)in paragraph (a), for “section 85,” substitute “ sections 85 and 85A, ”,

(b)in paragraph (b), for “that section is” substitute “ those sections are ”, and

(c)renumber the section as so amended as subsection (1) of the section and at the end insert—

(2)An order under this section may make such amendments of this Act as appear to the Secretary of State to be necessary or expedient in connection with the provision made by virtue of subsection (1).

F98(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

(a)in subsection (1) after “other foundation subjects” insert “ , the entitlement conferred by subsection (3A) ”, and

(b)after subsection (3) insert—

(3A)A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a)approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b)specified by the Secretary of State by order for the purposes of this subsection.

(5)Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

Textual Amendments

F92Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(a), 82(2)(b)

F93Word in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(b), 82(2)(b)

F94Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(c), 82(2)(b)

F95Word in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(d), 82(2)(b)

F97Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(e), 82(2)(b)

F98S. 74(3) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 31(3), 82(2)(b)

Commencement Information

I95S. 74(4) in force at 1.4.2007 by S.I. 2007/935, art. 5(k)

Prospective

F9975Education and training to satisfy entitlementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 6E+WSchool travel and school food

Travel to schools etcE+W

76 [F3Local authorities] in England: duty to promote sustainable modes of travel etcE+W

After section 508 of EA 1996 insert—

508A [F3Local authorities] in England: duty to promote sustainable modes of travel etc

(1)A [F1local authority] in England must—

(a)prepare for each academic year a document containing their strategy to promote the use of sustainable modes of travel to meet the school travel needs of their area (“a sustainable modes of travel strategy”),

(b)publish the strategy in such manner and by such time as may be prescribed, and

(c)promote the use of sustainable modes of travel to meet the school travel needs of their area.

(2)Before preparing a sustainable modes of travel strategy, an authority must in particular—

(a)assess the school travel needs of their area, and

(b)assess the facilities and services for sustainable modes of travel to, from and within their area.

(3)“Sustainable modes of travel” are modes of travel which the authority consider may improve either or both of the following—

(a)the physical well-being of those who use them;

(b)the environmental well-being of the whole or a part of their area.

(4)The “school travel needs” of a [F1local authority]'s area are—

(a)the needs of children and persons of sixth form age in the authority's area as regards travel mentioned in subsection (5), and

(b)the needs of other children and persons of sixth form age as regards travel mentioned in subsection (6).

(5)The needs of children and persons of sixth form age in the authority's area as regards travel referred to in subsection (4)(a) are their needs as regards travel to and from—

(a)schools at which they receive or are to receive education or training,

(b)institutions within the further education sector at which they receive or are to receive education or training, or

(c)any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1).

(6)The needs of other children and persons of sixth form age as regards travel referred to in subsection (4)(b) are their needs as regards travel to and from—

(a)schools at which they receive or are to receive education or training,

(b)institutions within the further education sector at which they receive or are to receive education or training, or

(c)any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority's area.

(7)The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a [F1local authority] of their duties under this section.

(8)Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate.

(9)In discharging their duties under this section an authority must—

(a)consult such persons as they consider appropriate, and

(b)have regard to any guidance given from time to time by the Secretary of State under subsection (7).

(10)References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC.

(11)In this section, “academic year” has the same meaning as in section 509AC in the case of [F1local authorities] in England.

77 [F3Local authorities] in England: provision of travel arrangements etc for childrenE+W

(1)After section 508A of EA 1996 (inserted by section 76 above) insert—

508B [F3Local authorities] in England: travel arrangements for eligible children

(1)A [F1local authority] in England must make, in the case of an eligible child in the authority's area to whom subsection (2) applies, such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made and provided free of charge in relation to the child.

(2)This subsection applies to an eligible child if—

(a)no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided free of charge in relation to him by any person who is not the authority, or

(b)such travel arrangements are provided free of charge in relation to him by any person who is not the authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

(3)Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.

(4)Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

(a)arrangements for the provision of transport, and

(b)any of the following arrangements only if they are made with the consent of a parent of the child—

(i)arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;

(ii)arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii)arrangements for the payment of allowances in respect of the use of particular modes of travel.

(5)Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.

(6)Travel arrangements”, in relation to an eligible child, do not comprise or include travel arrangements which give rise to additional costs and do not include appropriate protection against those costs.

(7)For the purposes of subsection (6)—

(a)travel arrangements give rise to additional costs only if they give rise to any need to incur expenditure in order for the child to take advantage of anything provided for him in pursuance of the arrangements, and

(b)travel arrangements include appropriate protection against those costs only if they include provision for any expenditure that needs to be incurred for the purpose mentioned in paragraph (a) in the case of the child to be met by the person by whom the arrangements are made.

(8)Travel arrangements are provided free of charge if there is no charge for anything provided in pursuance of the arrangements.

(9)Schedule 35B has effect for the purposes of defining “eligible child” for the purposes of this section.

(10)References to a “relevant educational establishment”, in relation to an eligible child, are references to—

(a)in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and

(b)in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

(11)Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

508C [F3Local authorities] in England: travel arrangements etc for other children

(1)A [F1local authority] in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority's area to whom this section applies, for the purpose of facilitating the child's attendance at any relevant educational establishment in relation to the child.

(2)This section applies to a child who is not an eligible child for the purposes of section 508B.

(3)School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

(4)Travel arrangements”, in relation to such a child, are travel arrangements of any description and include—

(a)arrangements for the provision of transport, and

(b)any of the following arrangements only if they are made with the consent of a parent of the child—

(i)arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child;

(ii)arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii)arrangements for the payment of allowances in respect of the use of particular modes of travel.

(5)A [F1local authority] in England may pay, in the case of a child in the authority's area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person's reasonable travelling expenses in relation to that child's travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

(6)References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to—

(a)any school at which he is a registered pupil,

(b)any institution within the further education sector at which he is receiving education, or

(c)any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1).

508DGuidance etc in relation to sections 508B and 508C

(1)The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a [F1local authority] of their functions under sections 508B and 508C.

(2)Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate.

(3)In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1).

(4)Regulations may require a [F1local authority] to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the discharge of their functions under section 508B or 508C.

(2)Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.

Textual Amendments

Commencement Information

I97S. 77(1) in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(m)

I98S. 77(1) in force at 1.9.2007 in so far as not already in force by S.I. 2007/1801, art. 4(b)

I99S. 77(2) in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(c)

I100S. 77(2) in force at 1.9.2008 in so far as not already in force by S.I. 2008/1971, art. 2(b)

78 [F3Local authorities] in England: school travel schemesE+W

(1)After section 508D of EA 1996 (inserted by section 77 above) insert—

508E [F3Local authorities] in England: school travel schemes

(1)Schedule 35C has effect in relation to school travel schemes.

(2)Where a school travel scheme is in force under Schedule 35C, the [F1local authority] in England by which the scheme is made must give effect to the scheme by—

(a)making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority,

(b)complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements),

(c)complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and

(d)complying with the scheme's policy applicable to charging and any other requirements of the scheme.

(3)Where a school travel scheme is in force under Schedule 35C, the [F1local authority] in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area.

(4)The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a [F1local authority] in England of any duty under subsection (2) or of any functions under Schedule 35C.

(5)Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate.

(6)In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a [F1local authority] in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).

(2)Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

79Piloting of school travel scheme provisionsE+W

(1)The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.

(2)Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.

(3)In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

Commencement Information

I102S. 79 in force at 1.4.2007 by S.I. 2007/935, art. 5(n)

80Power to repeal school travel scheme provisions etcE+W

(1)The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.

(2)The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect F100... from such date as may be specified in the order.

(3)The earliest date which may be specified under subsection (2) is 1st August 2012.

(4)The latest date which may be specified under subsection (2) is 1st August 2015.

(5)Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.

(6)In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

Prospective

F10181[Local authorities] in England: provision of transport etc for certain adult learnersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82Amendments of section 444 of EA 1996 in relation to school travelE+W

(1)Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

(2)After subsection (3) insert—

(3A)Subsections (3B) and (3D) apply where the child's home is in England.

(3B)The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

(a)the [F1local authority] have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

(b)the [F1local authority] have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

(3C)For the purposes of subsection (3B)—

(a)the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

(b)the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

(3D)Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a)that the school is not within walking distance of the child's home,

(b)that no suitable arrangements have been made by the [F1local authority] for boarding accommodation for him at or near the school, and

(c)that no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

(3E)For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

(3F)Subsection (4) applies where the child's home is in Wales.

(3)In subsection (5) for “subsection (4)” substitute “ subsections (3D) and (4) ”.

(4)In subsection (6) for “subsection (4)” substitute “ subsections (3B), (3D) and (4) ”.

(5)The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

Textual Amendments

Commencement Information

I104S. 82 in force at 1.9.2007 by S.I. 2007/1801, art. 4(d)

83Learning and Skills Council for England: transport etc for persons of sixth form ageE+W

F102(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 509AB of EA 1996 (further provision about transport policy statements)—

(a)in subsection (5), for the words from “by the Secretary” to the end substitute under this section—

(a)by the Learning and Skills Council for England F103...

F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,

F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

(6)The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit.

(7)A power or duty falls within this subsection if it is exercisable in connection with—

(a)the Secretary of State's function under section 509AA(9) of the Education Act 1996 (power to direct [F3local authority] to make arrangements additional to those specified in transport policy statement), or

(b)any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a [F1local authority] in England under section 509AA or 509AB of that Act.

84 [F3Local authorities] in England: duty to have regard to religion or belief in exercise of travel functionsE+W

After section 509AC of EA 1996 insert—

509AD [F3Local authorities] in England: duty to have regard to religion or belief in exercise of travel functions

(1)A [F1local authority] in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place, to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief.

(2)The “travel functions” of a [F1local authority] in England are their functions under any of the following provisions—

  • section 508A (duty to promote sustainable modes of travel etc);

  • section 508B (travel arrangements for eligible children);

  • section 508C (travel arrangements etc for other children);

  • section 508E and Schedule 35C (school travel schemes);

  • section 508F (transport etc for certain adult learners);

  • section 509AA (transport etc for persons of sixth form age).

(3)For the purposes of this section—

(a)religion” means any religion,

(b)belief” means any religious or philosophical belief,

(c)a reference to religion includes a reference to lack of religion, and

(d)a reference to belief includes a reference to lack of belief.

Textual Amendments

Commencement Information

I106S. 84 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(p)

I107S. 84 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(e)

85Further amendments relating to travel to schools etcE+W

Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.

Commencement Information

I108S. 85 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(q)

I109S. 85 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(f)

Food and drink provided on school premises etcE+W

86Provision of food and drink on school premises etcE+W

(1)For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

Food and drink provided on school premises etcE+W
114ARequirements for food and drink provided on school premises etc

(1)Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with—

(a)food or drink provided on the premises of any school maintained by a [F1local authority], or

(b)food or drink provided at a place other than school premises by a [F1local authority] or the governing body of a school maintained by such an authority to any registered pupil at the school.

(2)Regulations under this section may in particular—

(a)specify nutritional standards, or other nutritional requirements, which are to be complied with;

(b)require that drinking water is to be available, free of charge, on the premises of any school maintained by a [F1local authority];

(c)require that specified descriptions of food or drink are not to be provided.

(3)Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a [F1local authority] where the food or drink is brought on to those premises by any person for his own consumption.

(4)Where a [F1local authority] or the governing body of a school maintained by such an authority provide food or drink—

(a)to anyone on the premises of the school, or

(b)to any registered pupil at the school at a place other than school premises,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(5)Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise.

(6)Where—

(a)food or drink is provided on the premises of a school maintained by a [F1local authority],

(b)the provision is by a person (“X”) other than the authority or the governing body of the school, and

(c)X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(7)A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises.

(8)Without prejudice to the generality of section 138(7), regulations under this section may prescribe—

(a)different requirements in relation to different classes or descriptions of school as specified in the regulations;

(b)different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations;

(c)requirements which apply during different periods of the day as specified in the regulations.

(9)A “place other than school premises” means a place other than the premises of any school maintained by a [F1local authority].

(10)References in this section to food or drink provided by a [F1local authority] or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.

(2)In section 512(4) of EA 1996 ( [F3local authority] functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by [F3local authorities] to meet nutritional standards)” substitute “ section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc) ”.

(3)Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

87Power to charge for provision of meals etcE+W

(1)In section 512ZA of EA 1996 (duty of [F3local authority] to charge for meals etc)—

(a)in subsection (1), for “shall” substitute “ may ”,

F105(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the heading, for “Duty” substitute “ Power ”.

(2)In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

(a)in subsection (3), for the words from “shall” to the end substitute “ may charge for anything so provided. ”,

F106(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the heading, for “Duties” substitute “ Functions ”.

Part 7E+WDiscipline, behaviour and exclusion

Chapter 1E+WSchool Discipline

Certain schools required to have behaviour policyE+W

88Responsibility of governing body for disciplineE+W

(1)The governing body of a relevant school must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2)In particular, the governing body—

(a)must make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under section 89(1), and

(b)where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i)shall notify him of those measures or matters, and

(ii)may give him such guidance as they consider appropriate.

(3)Before making or revising the statement required by subsection (2)(a) the governing body must consult (in such manner as appears to them to be appropriate)—

(a)the head teacher,

(b)such other persons who work at the school (whether or not for payment) as it appears to the governing body to be appropriate to consult,

(c)parents of registered pupils at the school, and

(d)registered pupils at the school.

(4)In exercising their functions under subsection (2) the governing body must have regard to any guidance given from time to time—

(a)in relation to England, by the Secretary of State, and

(b)in relation to Wales, by the Assembly.

(5)In this section and section 89—

  • relevant school” means—

    (a)

    a community, foundation or voluntary school,

    (b)

    a community or foundation special school,

    (c)

    a maintained nursery school,

    (d)

    a pupil referral unit, or

    (e)

    a school approved by the Secretary of State or the Assembly under section 342 of EA 1996 (approval of non-maintained special schools);

  • governing body”, in relation to a school approved by the Secretary of State or the Assembly under section 342 of EA 1996, means the proprietor of the school.

Modifications etc. (not altering text)

Commencement Information

I110S. 88 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I111S. 88 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(a)

89Determination by head teacher of behaviour policyE+W

(1)The head teacher of a relevant school must determine measures to be taken with a view to—

(a)promoting, among pupils, self-discipline and proper regard for authority,

(b)encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils,

(c)securing that the standard of behaviour of pupils is acceptable,

(d)securing that pupils complete any tasks reasonably assigned to them in connection with their education, and

(e)otherwise regulating the conduct of pupils.

(2)The head teacher [F107of a relevant school in England ] must in determining such measures—

(a)act in accordance with the current statement made by the governing body under section 88(2)(a), and

(b)have regard to any notification or guidance given to him under section 88(2)(b).

[F108(2A)The head teacher of a relevant school in Wales must in determining such measures—

(a)act in accordance with the current statement made by the governing body under section 88(2)(a),

(b)have regard to any notification or guidance given to him under section 88(2)(b), and

(c)require pupils at the school to comply with the travel behaviour code made by the Welsh Ministers under section 12 of the Learner Travel (Wales) Measure 2008.]

(3)[F109In relation to a relevant school in England, the] standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.

[F110(3A)In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—

(a)the governing body, or

(b)the Welsh Ministers.]

(4)The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).

[F111(4A)In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.]

(5)The measures which the head teacher [F112of a relevant school in England ] determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

[F113(5A)The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.]

(6)The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—

(a)he must make the measures generally known within the school and to parents of registered pupils at the school, and

(b)he must in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons who work at the school (whether or not for payment).

Textual Amendments

Commencement Information

I112S. 89 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I113S. 89(1)-(3) (5)(6) in force at 1.1.2009 for W. by S.I. 2009/2545, art. 3(2)(a) (with art. 4)

I114S. 89(4) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(b)

Enforcement of discipline (including compliance with instructions)E+W

90Meaning of “disciplinary penalty”E+W

(1)In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him (whether because he fails to follow a rule in force at any such school or an instruction given to him by a member of its staff or for any other reason).

(2)In subsection (1), the reference to conduct, in relation to a pupil, includes—

(a)conduct which occurs at a time when the pupil is not on the premises of a school and is not under the lawful control or charge of a member of the staff of a school, but only to the extent that it is reasonable for the school imposing the penalty to regulate the pupil's conduct at such a time, and

(b)conduct which consists of a failure by the pupil to comply with a penalty previously imposed on him.

Commencement Information

I115S. 90 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I116S. 90 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(c)

91Enforcement of disciplinary penalties: generalE+W

(1)This section applies in relation to a disciplinary penalty imposed on a pupil by any school at which education is provided for him, other than a penalty which consists of exclusion.

(2)The imposition of the disciplinary penalty is lawful if the following three conditions are satisfied.

(3)The first condition is that the imposition of the penalty on the pupil—

(a)is not in breach of any statutory requirement or prohibition, and

(b)is reasonable in all the circumstances.

(4)The second condition is that the decision to impose the penalty on the pupil was made—

(a)by any paid member of the staff of the school, except in circumstances where the head teacher has determined that the member of staff is not permitted to impose the penalty on the pupil, or

(b)by any other member of the staff of the school, in circumstances where the head teacher has authorised the member of the staff to impose the penalty on the pupil and it was reasonable for the head teacher to do so.

(5)The third condition is that the decision to impose the penalty was made, and any action taken on behalf of the school to implement the decision was taken—

(a)on the premises of the school, or

(b)elsewhere at a time when the pupil was under the lawful control or charge of a member of staff of the school.

(6)In determining for the purposes of subsection (3)(b) whether the imposition of the penalty is reasonable, the following matters must be taken into account—

(a)whether the imposition of the penalty constitutes a proportionate punishment in the circumstances of the case, and

(b)any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i)the pupil's age,

(ii)any special educational needs he may have,

(iii)any disability he may have, and

(iv)any religious requirements affecting him.

(7)For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a disability for the purposes of the [F114Equality Act 2010].

(8)A determination or authorisation by the head teacher for the purpose of subsection (4)(a) or (b) may be made—

(a)in relation to a particular member of staff or members of staff of a particular description;

(b)in relation to a particular disciplinary penalty or disciplinary penalties of a particular description;

(c)in relation to a particular pupil or pupils of a particular description or generally in relation to pupils.

(9)Where the disciplinary penalty is detention outside school sessions, this section has effect subject to section 92.

(10)Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(11)This section is not to be construed as restricting what may lawfully be done apart from this section.

(12)In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.

Textual Amendments

F114Words in s. 91(7) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 94 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2))

Commencement Information

I117S. 91 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I118S. 91 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(c)

92Enforcement of disciplinary penalties: detention outside school sessionsE+W

(1)This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.

(2)In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.

(3)The additional conditions are—

(a)that the pupil has not attained the age of 18,

(b)that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,

(c)that the detention is on a permitted day of detention, and

(d)that [F115 , in relation to a pupil at a school in Wales,] the pupil's parent has been given at least 24 hours' notice in writing that the detention is due to take place.

(4)The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.

(5)If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.

(6)Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.

(7)This section is not to be construed as restricting what may lawfully be done apart from this section.

(8)In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—

(a)a school day, other than a day on which the pupil has leave to be absent, and for this purpose “leave” means leave granted by a person authorised to do so by the governing body or proprietor of the school;

(b)a Saturday or Sunday during a school term, other than a Saturday or Sunday which falls during, or at a weekend immediately preceding or immediately following, a half-term break;

(c)a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of the school other than teaching, other than such a day which is excluded by regulations made—

(i)in relation to England, by the Secretary of State, and

(ii)in relation to Wales, by the Assembly.

Textual Amendments

F115Words in s. 92(3)(d) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 5, 82(3); S.I. 2012/84, art. 2

Modifications etc. (not altering text)

Commencement Information

I119S. 92 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I120S. 92(1)-(7) (8)(a)(c) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(d)

Use of reasonable forceE+W

93Power of members of staff to use forceE+W

(1)A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—

(a)committing any offence,

(b)causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c)prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.

(2)This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.

(3)The power conferred by subsection (1) may be exercised only where—

(a)the member of the staff and the pupil are on the premises of the school in question, or

(b)they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.

(4)Subsection (1) does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(5)The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(6)In this section, “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

Commencement Information

I121S. 93 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I122S. 93 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(e)

Confiscation from pupilsE+W

94Defence where confiscation lawfulE+W

(1)This section applies where, as a disciplinary penalty—

(a)an item which a pupil has with him or in his possessions is seized, and

(b)the item is retained for any period or is disposed of.

(2)A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—

(a)the seizure, retention or disposal (as the case may be), or

(b)any damage or loss which arises in consequence of it,

if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

(3)Nothing in this section applies where an item is seized under section [F116550ZC or] 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).

(4)This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

Textual Amendments

F116Words in s. 94(3) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Commencement Information

I123S. 94 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I124S. 94 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(e)

Interpretation of Chapter 1E+W

95Interpretation of Chapter 1E+W

In this Chapter—

  • disciplinary penalty” has the meaning given by section 90;

  • member of the staff”, in relation to a school, means—

    (a)

    any teacher who works at the school, and

    (b)

    any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

  • possessions”, in relation to a pupil, includes any goods over which he appears to have control.

Commencement Information

I125S. 95 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I126S. 95 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(e)

RepealsE+W

96Repeals consequential on provisions of Chapter 1E+W

The following provisions (which are superseded by sections 88 to 93) cease to have effect—

(a)sections 550A and 550B of EA 1996;

(b)section 61 of SSFA 1998.

Commencement Information

I127S. 96 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I128S. 96(a) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(f)

I129S. 96(b) in force at 1.1.2009 for specified purposes for W. by S.I. 2009/2545, art. 3(2)(b)

I130S. 96(b) in force at 31.10.2010 for W. in so far as not already in force by S.I. 2010/2543, art. 2(f)

Chapter 2E+WParental responsibilities and excluded pupils

Parenting contracts and parenting ordersE+W

97Parenting contractsE+W

(1)Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.

(2)After subsection (1) insert—

(1A)This section also applies where a [F1local authority] or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which—

(a)has caused, or is likely to cause—

(i)significant disruption to the education of other pupils, or

(ii)significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or

(b)forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds.

(1B)For the purposes of subsection (1A) the child's behaviour is connected with the school to the extent that it consists of—

(a)conduct at the school, or

(b)conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.

(3)In subsection (6), after “subsection (1)” insert “ or (1A) ”.

(4)In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “ misbehaviour at ”.

Textual Amendments

Commencement Information

I131S. 97 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)

I132S. 97 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(g)

98Parenting orders in case of exclusion or misbehaviourE+W

(1)Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.

(2)In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3)In subsection (2), for “A [F1local authority]” substitute “ A relevant body ”.

(4)After subsection (2) insert—

(2A)A relevant body may also apply to a magistrates' court for a parenting order in respect of a pupil at a relevant school if—

(a)it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and

(b)such conditions as may be prescribed in regulations made by the appropriate person are satisfied.

(2B)For the purposes of subsection (2A), there are to be disregarded—

(a)any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and

(b)any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.

(5)For subsection (3) substitute—

(3)If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied—

(a)in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and

(b)in any case, that the making of the order would be desirable in the interests of improving the behaviour of the pupil.

(6)After subsection (8) insert—

(9)In this section “a relevant body” means—

(a)a [F1local authority],

(b)the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.

(7)In the heading, after “exclusion” insert “ or potential exclusion ”.

Textual Amendments

Commencement Information

I133S. 98 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)

I134S. 98 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)

I135S. 98 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(a)

99Parenting contracts and parenting orders: further provisionsE+W

(1)The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

(2)In section 21 (parenting orders: supplemental)—

(a)in subsection (1)(a), after “subsection (1)” insert “ or (1A) ”,

(b)after subsection (1) insert—

(1A)In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.,

(c)omit subsection (4), and

(d)in subsection (5), after “authorities,” insert “ governing bodies ”.

(3)After section 22 insert—

22AParenting contracts and parenting orders: further provisions

(1)The appropriate person may by regulations make further provision about the exercise by [F1local authorities] and the governing bodies of relevant schools of their functions relating to—

(a)parenting contracts under section 19, and

(b)parenting orders under section 20.

(2)The provision that may be made under subsection (1) includes—

(a)provision limiting the power of a [F1local authority] to enter into a parenting contract, or apply for a parenting order, in prescribed cases where—

(i)the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or

(ii)the child by reference to whom the contract is entered into or the application is made does not reside in that area;

(b)provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another;

(c)provision requiring one [F1local authority] or governing body to consult with another before taking any prescribed step;

(d)provision authorising or requiring the provision of information by one [F1local authority] or governing body to another;

(e)provision as to how the costs associated with parenting contracts entered into by [F1local authorities] or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met.

(3)In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).

(4)In section 24 (interpretation)—

(a)for “sections 19 to 21” substitute “ sections 19 to 22A ”, and

(b)after the definition of “child of compulsory school age” insert—

governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;.

Textual Amendments

Commencement Information

I136S. 99 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c) (with art. 5(2))

I137S. 99 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)

I138S. 99 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(a)

Excluded pupilsE+W

100Duty of governing body or proprietor where pupil excluded for fixed periodE+W

(1)Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

(2)The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3)The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

(a)are made jointly with the governing body of at least one other relevant school, and

(b)make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

(4)In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

(5)In this section—

  • governing body”, in relation to a relevant school which is an [F117Academy school, an alternative provision Academy,] a city technology college or a city college for the technology of the arts, means proprietor;

  • prescribed” means prescribed by regulations;

  • regulations” means regulations made by the Secretary of State;

  • relevant school” does not include a pupil referral unit;

  • suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

Textual Amendments

F117Words in s. 100(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(3); S.I. 2012/924, art. 2

Commencement Information

I139S. 100 in force at 1.9.2007 by S.I. 2007/1801, art. 4(g)

101Duty of [F1local authority] in relation to excluded pupilsE+W

(1)Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.

(2)After subsection (3) insert—

(3A)In relation to England, the duty imposed by subsection (1) includes, except in prescribed cases, a duty to make arrangements for the provision of suitable full-time education at school or otherwise than at school for—

(a)children of compulsory school age who have been permanently excluded on disciplinary grounds from relevant schools or pupil referral units, and have not subsequently been admitted to schools other than pupil referral units, and

(b)children of compulsory school age who are excluded for a fixed period on disciplinary grounds from any pupil referral unit maintained by the authority.

(3B)The education referred to in subsection (3A) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3)For subsection (6) substitute—

(6)In this section—

  • relevant school” means—

    (a)

    a maintained school,

    (b)

    an Academy,

    (c)

    a city technology college, or

    (d)