Education Act 1944
Part I CENTRAL ADMINISTRATION
1†Appointment of Minister in charge of education and establishment of Ministry of Education.
2 Transfer of property and functions to Minister and construction of Acts and documents.
3†Seal and acts of Minister.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II THE STATUTORY SYSTEM OF EDUCATION
Local Administration
6 Local education authorities.
The Three Stages of the System
7 Stages and purposes of statutory system of education.
Primary and Secondary Education
Provision and Maintenance of Primary and Secondary Schools
8 Duty of local education authorities to secure provision of primary and secondary schools.
9 County schools, voluntary schools, nursery schools, and special schools.
10 Requirements as to school premises.
11, 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Restrictions on discontinuance of voluntary schools by managers and governors.
15 Classification of voluntary schools as controlled schools, aided schools, or special agreement schools.
16 Transfer of county and voluntary schools to new sites, and substitution of new voluntary schools for old ones.
Management of Primary Schools and Government of Secondary Schools
17—21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Powers of local education authority as to use and care of premises of voluntary schools.
Secular Instruction and Appointment and Dismissal of Teachers in County and Voluntary Schools.
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 Appointment and dismissal of teachers in county schools and in voluntary schools.
Religious Education in County and Voluntary Schools
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Special provisions as to religious education in county schools.
27 Special provisions as to religious education in controlled schools.
28 Special provisions as to religious education in aided schools and in special agreement schools.
29 Provisions as to religious instruction in accordance with agreed syllabus.
30 Saving as to position of teachers.
Transitional Provisions as to County and Voluntary Schools
31 Transitional provisions as to the separation of primary and secondary schools.
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33, 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compulsory Attendance at Primary and Secondary Schools
35 Compulsory school age.
36 Duty of parents to secure the education of their children.
37 School attendance orders.
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Duty of parents to secure regular attendance of registered pupils.
40 Enforcement of school attendance.
40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further Education
41 Functions of local education authorities with respect to further education.
42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43—46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Interim provisions as to further education.
Supplementary Provisions as to Primary, Secondary and Further Education
Ancillary Services
48 Medical inspection and treatment of pupils.
49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 Provision of board and lodging otherwise than at boarding schools or colleges.
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52†Recovery of cost of boarding accommodation and of clothing.
53 Provision of facilities for recreation and social and physical training.
54 Power to ensure cleanliness.
55 Provision of transport and other facilities.
56 Power to provide primary and secondary education otherwise than at school.
57—57B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment of Children and Young Persons
58 Adaptation of enactments relating to the employment of children or young persons.
59 Power of local education authorities to prohibit or restrict employment of children.
60, 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62†Duties of Minister and of local education authorities as to the training of teachers.
63 Exemption from building byelaws of buildings approved by the Minister.
64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 Endowments for maintenance of voluntary schools.
66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 Determination of disputes and questions.
68†Power of Minister to prevent unreasonable exercise of functions.
69†Powers of Minister as to medical examinations and inspections.
Part III INDEPENDENT SCHOOLS
70 Registration of independent schools.
71 Complaints.
72 Determination of complaints.
73 Enforcement.
74 Removal of disqualifications.
75 Proceedings before Independent Schools Tribunals and matters relating thereto.
Part IV GENERAL
General Principle to be observed by Minister and Local Education Authorities
76 Pupils to be educated in accordance with the wishes of their parents.
Miscellaneous Provisions
77 Inspection of educational establishments.
78 Provision of certain ancillary services for pupils not in attendance at schools maintained by local education authorities.
79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 Registration of pupils at schools.
81 Power of local education authorities to give assistance by means of scholarships and otherwise.
82 Powers of local education authorities as to educational research.
83 Powers of local education authorities as to educational conferences.
84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Power of local education authorities to accept gifts for educational purposes.
86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administrative Provisions
88 Appointment of chief education officers of local education authorities.
89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Compulsory purchase of land and other dealings in land by local education authorities.
91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 Reports and returns.
93 Power of Minister to direct local inquiries.
94 Certificates of birth and registrars’ returns.
95 Provisions as to evidence.
96 Provisions consequential on cessation of functions of former authorities.
97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Compensation of persons prejudicially affected by this Act.
99 Powers of Minister in default of local education authorities or . . . governors.
Financial Provisions
100 Grants in aid of educational services.
101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
102†Maintenance contributions payable by the Minister in respect of aided schools and special agreement schools.
103 Power of the Minister to make grants in respect of aided schools and special agreement schools transferred to new sites or established in substitution for former schools.
104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105†Power of the Minister to make loans to aided schools and special agreement schools in respect of initial expenditure.
106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V SUPPLEMENTAL
108—110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 Revocation and variation of orders and directions.
111A Regulations: different provision for Wales.
112 Regulations to be laid before Parliament.
113 Notices.
114 Interpretation.
115 Saving as to persons in the service of the Crown.
116 Saving as to persons of unsound mind and persons detained by order of a court.
117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118 Application to Isles of Scilly.
119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120 Amendment of enactments.
121 Repeal of enactments.
122 Short title and extent.
SCHEDULES
FIRST SCHEDULE LOCAL ADMINISTRATION
Part I Joint Education Boards
1Where it appears to the Secretary of State for Education...
2A joint education board so constituted shall be a body...
3An order constituting a joint education board:—
4An order constituting a joint education board shall be laid...
5This Part of this Schedule applies to the council of...
Part II Education Committees
1Every local education authority shall, in accordance with arrangements approved...
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3Where it appears to the Secretary of State for Education...
4In the following provisions of this Part of this Schedule...
5Every education committee of a local education authority shall include...
5A(1) The Secretary of State may by directions to local...
6At least a majority of every education committee of a...
7Every local education authority shall consider a report from an...
8A local education authority may authorise an education committee of...
9The minutes of proceedings of an education committee of the...
10Every education committee of a local education authority may, subject...
11Nothing in this Part of this Schedule shall require the...
Part III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECOND SCHEDULE TRANSFER TO A LOCAL EDUCATION AUTHORITY OF AN INTEREST IN THE PREMISES OF A VOLUNTARY SCHOOL
1A local education authority and the . . . governors...
2No such agreement shall take effect unless it has been...
3The Secretary of State for Education and Science shall not...
4Before approving any such agreement, the Secretary of State for...
5An agreement under this Schedule may provide for the transfer...
6Where any agreement made under this Schedule has been approved...
7Where any person other than the . . . governors...
8In this Schedule, the expression “premises” includes a teacher’s dwelling-house....
THIRD SCHEDULE SPECIAL AGREEMENTS IN RESPECT OF CERTAIN VOLUNTARY SCHOOLS
1Where proposals for the establishment of a school or for...
2If upon the application of any persons interested in any...
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Any such agreement shall provide for the making of a...
5The amount of the grant to be made in pursuance...
6Where the agreement relates to proposals for the establishment of...
7Any agreement made under this Schedule may provide for the...
8Any agreement made by a local education authority under this...
9Where a grant has been made in respect of any...
10Where an agreement has been made under this Schedule in...
11Where any local authority have, before the date of the...
FOURTH SCHEDULE . . .
FIFTH SCHEDULE PROCEDURE FOR PREPARING AND BRINGING INTO OPERATION AN AGREED SYLLABUS OF RELIGIOUS INSTRUCTION
1For the purpose of preparing any syllabus of religious education...
2For the purpose of constituting such a conference as aforesaid,...
3Before appointing a person to represent any denomination or associations...
4A person so appointed may resign his membership of any...
5The conference shall consist of the committees aforesaid and it...
6Where the local education authority propose to adopt more than...
7Any sub-committees appointed by the conference shall include at least...
8Upon any question to be decided by the conference or...
9If the conference unanimously recommend any syllabus of religious education,...
10If the authority report to the Secretary of State that...
11The body of persons so appointed:— (a) shall give to...
Reconsideration of agreed syllabus
12Whenever a local education authority are of opinion (whether upon...
13(1) The following provisions of this paragraph apply where a...
SIXTH SCHEDULE CONSTITUTION OF INDEPENDENT SCHOOLS TRIBUNALS
1For the purpose of enabling Independent Schools Tribunals to be...
2No person shall be qualified to be appointed to the...
3Any person appointed to be a member of either of...
3ANo appointment of a person to be a member of...
4Where any appeal is required to be determined by an...
SEVENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EIGHTH SCHEDULE AMENDMENT OF ENACTMENTS.
PART I ENACTMENTS AMENDED FROM DATE OF COMMENCEMENT OF PART II OF THIS ACT.
PART II ENACTMENTS AMENDED FROM DATE ON WHICH SECTION FORTY-FOUR OF THIS ACT COMES INTO OPERATION . . .
NINTH SCHEDULE
. . . . . . . . . ....

Education Act 1944

1944 c.31

An Act to reform the law relating to education in England and Wales.

Annotations:
Commencement Information
I1

Act wholly in force at Royal Assent.

Modifications etc. (not altering text)
C1

Act to be construed as one with 1993 c. 35 (27.7.1993) by virtue of 1993 c. 35, s. 305(3)

C2

Act explained (1.1.1994) by 1993 c. 35, s. 156(1)(4); S.I. 1993/3106, art. 4, Sch. 1

C3

Act explained (6.5.1992, 30.9.1992, 1.4.1993 and 1.8.1993 for specified purposes) by Further and Higher Education Act 1992 (c. 13), ss.1(6),14 and 62(6); S.I. 1992/831, art.2, Schs. 1-3

C4

Functions of Secretary of State for Education and Science, in relation to Wales, now exercisable (with exceptions) by Secretary of State for Wales: S.I. 1970/1536, arts. 2(1)(3)(4), 3(1), 5 and S.I. 1978/274, art. 2(1)(2)(4)(5)(6)

C8

Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)

Act modified (1.4.1993) by S.I. 1993/563, art. 2

Act modified (27.7.1993) by 1993 c. 35, s. 303(3)

C9

Act applied (Canterbury and York) (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 7(3); Archbishops' Instrument made 26.7.1991

C11

By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 10(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch. 1 (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be constued as references to juvenile courts.