Education Act 1944 (repealed 1.11.1996)

114 Interpretation. E+W

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “Agreed syllabus” means, subject to the provisions of subsection (4) of this section, an agreed syllabus of religious [F1 education] prepared in accordance with the provisions of the Fifth Schedule to this Act and adopted or deemed to be adopted thereunder;

• [F2 “alterations”, in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises;]

• “Assist”, in relation to any school . . . F3 or institution, has the meaning assigned to it by [F4 subsections (2) and (2A)] of this section;

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

• “Clothing” includes boots and other footwear;

• “Compulsory school age” has, . . . F5 , the meaning assigned to it by section thirty-five of this Act;

• “County” means [F6 a county within the meaning of the M1 Local Government Act 1972];

• [F7 “enlargement”, in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and “enlarge” shall be construed accordingly;]

• “Former authority” means any authority which was a local education authority within the meaning of any enactment repealed by this Act or any previous Act;

• [F8 “foundation governors” means, in relation to any voluntary school, governors appointed] otherwise than by a local education authority or a minor authority for the purpose of securing, so far as is practicable, that the character of the school as a voluntary school is preserved and developed, and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating thereto; and, unless the context otherwise requires, references in this Act to . . . F9 “governors” shall, in relation to any function thereby conferred or imposed exclusively on . . . F9 foundation governors, be construed as references to such . . . F9 governors;

• “Further education” has the meaning assigned to it by section forty-one of this Act [F10 as read with section 14 of the Further and Higher Education Act 1992];

• [F11 “Higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988;]

• “Independent school” means any school at which full–time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided for pupils under or over that age), not being a school maintained by a local education authority [F12 a grant-maintained school] or [F13 a special school not maintained by a local education authority];

• “Junior pupil” means a child who has not attained the age of twelve years;

• “Local education authority” means, in relation to any area for which a joint education board is constituted as the local education authority under the provisions of Part I of the First Schedule to this Act, the board so constituted, and, save as aforesaid, means, [F14 in relation to a non-metropolitan county, the council of the county, and in relation to a metropolitan district, the council of the district];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

• “Local government elector” has the meaning assigned to it by [F16 section 270(1) of the M2 Local Government Act 1972]; and in relation to the area of any joint education board constituted under Part I of the First Schedule to this Act a local government elector for the area of any council by whom members are appointed to the board shall be deemed to be a local government elector for the area of the authority;

• “Maintain” in relation to any school . . . F17 has the meaning assigned to it by subsection (2) of this section;

• “Maintenance contribution”, in relation to any voluntary school, means a contribution payable under section one hundred and two of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

• “Medical officer” means, in relation to any local education authority, a duly qualified medical practitioner employed or engaged, whether regularly or for the purposes of any particular case, by that authority [F19 or whose services are made available to that authority by the Secretary of State];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

• [F20 “Minor authority” means, in relation to a school maintained by a local education authority,—

  (a)

  where the area which appears to the local education authority to be served by the school is a parish or community, the parish or community council or, in the case of a parish which has no council, the parish meeting;

  (b)

  where the said area is a community having no community council or is an area in England which is not within a parish and is not situated in a metropolitan county, the council of the district for the area concerned;

  (c)

  where the said area comprises two or more of the following, a parish, a community or an area in England which is not within a parish and is not situated in a metropolitan county—

  (i)

  the parish or community council or councils, if any;

  (ii)

  in the case of a parish which has no council, the parish meeting;

  (iii)

  in the case of an area which is a community having no community council or which is in England and is not within a parish, the council of the district concerned;

  acting jointly];

• [F21 . . .]

• [F22 F23 . . .

• F24 . . .]

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

• “Prescribed”, means prescribed by regulations made by the [F25 Secretary of State for Education and Science];

• “Primary education” has the meaning assigned to it by section eight of this Act;

• [ “Primary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing primary education, whether or not it also provides further education]

• “Proprietor”, in relation to any school, means the person or body of persons responsible for the management of the school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools, includes any person or body of persons proposing to be so responsible;

• “Provisionally registered school” means an independent school registered in the register of independent schools, whereof the registration is provisional only;

• [ “Pupil” has the meaning assigned to it by section 14(6) of the Further and Higher Education Act 1992]

• “Registered pupil” means, in relation to any school, a pupil registered as such in the register kept in accordance with the requirements of this Act . . . F26

• “Registered school” means an independent school registered in the register of independent schools, whereof the registration is final;

• [ “School” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992]

• “Secondary education” has the meaning assigned to it by section [F27 14 of the Further and Higher Education Act 1992];

• [ “Secondary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing secondary education, whether or not it also provides primary or further education]

• “Senior pupil” means a person who has attained the age of twelve years but has not attained the age of nineteen years;

• [F28 “Significant”, in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school];

• “Special agreement” means an agreement made under the provisions of the Third Schedule to this Act;

• [F29 “Special educational needs” and “Special educational provision” have the meanings given to them by section 1 of the Education Act 1981;]

• “Trust deed”, in relation to any voluntary school, includes any instrument (not being an . . . F30 instrument of government, . . . F30 or articles of government, made under this Act) regulating the maintenance management or conduct of the school or the constitution of the body of . . . F30 governors thereof;

• “Young person” means a person over compulsory school age who has not attained the age of eighteen years.

(1A) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32 (1D) In this Act, unless the context otherwise requires, ’parent’, in relation to a child or young person, includes any person-

(a) who is not a parent of his but who has parental responsibility for him, or

(b) who has care of him,

except for the purposes of the enactments mentioned in subsection (1E) of this section, where it only includes such a person if he is an individual.

(1E) The enactments are—

(a) sections 5(4), 15(2) and (6), 31 and 65(1) of, and paragraph 7(6) of Schedule 2 to, the Education (No. 2) Act 1986; and

(b) sections 53(8), 54(2), 58(5)(k), 60 and 61 of the Education Reform Act 1988.

(1F) For the purposes of subsection (1D) of this section—

(a) “parental responsibility” has the same meaning as in the Children Act 1989; and

(b) in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.]

(2) [F33 Subject to subsection (2A) of this section] for the purposes of this Act:—

(a) the duty of a local education authority to maintain a school . . . F34 shall include the duty of defraying all the expenses of maintaining the school . . . F34 except, in the case of an aided school or a special agreement school, any expenses that by virtue of any provision of this Act or of any special agreement made thereunder are payable by the . . . F35 governors of the school, and the expression “maintain” shall be construed accordingly; and

(b) where a local education authority make to the proprietor of any school which is not maintained by the authority, or to the persons responsible for the maintenance of any [F36 institution other than a school], any grant in respect of the school . . . F37 or institution or any payment in consideration of the provision of educational facilities thereat, the school . . . F37 or institution shall be deemed to be assisted by the authority.

[F38 (2A) Neither a university nor any institution [F39 within the further education sector or] within the [F40 higher education sector other than a university] shall be deemed under subsection (2)(b) of this section to be assisted by a local education authority by virtue of the making by that authority to the persons responsible for the maintenance of that university or institution of any such grant or payment as is there mentioned.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(7) Where at any time before the date of the commencement of Part II of this Act the premises of any school which was for the time being a public elementary school within the meaning of the enactments repealed by this Act have ceased by reason of war damage, or by reason of any action taken in contemplation or in consequence of war, to be used for the purposes of a school, then, for the purposes of this Act, the school, unless it has been closed in accordance with those enactments, shall be deemed to have been a public elementary school within the meaning of those enactments immediately before that date and, if it was maintained by a former authority immediately before the premises ceased to be used for the purposes of a school, to have been maintained by such an authority immediately before that date.

(8) In this Act, unless the context otherwise requires, references to any enactment or any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Act.

Textual Amendments

F1 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 1, 231(7), 235(6), Sch. 1 para. 6

F2 Definition substituted by Education Act 1968 (c. 17), Sch. 1 para. 5(a)

F3 Word repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(4), 235(7), 237(2), Sch. 13 Pt. II

F4 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(4)(b), 235(6)

F5 Words repealed by Education (School-leaving Dates) Act 1976 (c. 5), Sch.

F6 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1) and Local Government Act 1972 (c. 70), s. 179(2)

F7 Definition inserted by Education Act 1968 (c. 17), Sch. 1 para. 5(b)

F8 Words substituted by Education Act 1980 (c.20, SIF 41:1), s. 1(3), Sch. 1 para. 13(a)

F9 Words repealed by Education Act 1980 (c.20, SIF 41:1), s. 1(3), Sch. 1 para. 13(a)

F10 Words in the definition of "further education" in s. 114(1) added (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(2)(a); S.I. 1992/831, art. 2, Sch. 1

F11 Definition inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 120(9)(a)(i), 231(7), 235(6)

F12 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 7(2)

F13 Words substituted by virtue of Education Act 1980 (c. 20, SIF 41:1), s. 34(1)

F14 Words substituted by S.I. 1977/293, art. 4(1)

F15 Definition repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

F16 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F17 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F18 Definitions repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F19 Words inserted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 8

F20 Definition substituted by Local Government Act 1972 (c. 70), s. 192(4)

F21 Definition repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 1(1), 27(4), Sch. 15; S.I. 1991/828, art. 3(2)

F22 Definitions inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 120(9)(a)(ii), 231(7), 235(6), 236(2)

F23 Definition of "part-time senior education" in s. 114(1) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(2)(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3

F24 Definition of "post-school age education" in s. 114(1) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1)(2), Sch. 8 para. 13(2)(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3

F25 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F26 Words repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2

F27 Words in the definition of "secondary school" in s. 114(1)(f) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), S. 93(1), Sch. 8 para. 13(2)(f); S.I. 1992/831, art. 2, Sch. 3

F28 Definition inserted by Education Act 1968 (c. 17), Sch. 1 para. 5(c)

F29 Definition substituted by Education Act 1981 (c. 60, SIF 41:1), Sch. 3 para. 6

F30 Words repealed by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 13(b)

F31 S. 114(1A)(1B) and (1C) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1)(2), Sch. 8 para. 13(3), Sch. 9, S.I. 1992/831, art. 2, Sch. 3

F32 S. 114(1D)(1E)(1F) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 10, Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

F33 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(2)(a), 235(6)

F34 Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F35 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F36 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(3)(a), 235(6)

F37 Word repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(3)(b), 235(6), 237(2), Sch. 13 Pt. II

F38 S. 114(2A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 234(2)(b) (with ss. 231(7). 235(7)) (which s. 234(2)(b) was repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 57(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3)

F39 Words in s. 114(2A) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(4)(b); S.I. 1992/831, art. 2, Sch. 3

F40 Words in s. 114(2A) substituted (1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(4)(a); S.I. 1992/831, art. 2, Sch. 3

F41 S. 114(3) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

F42 Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV

F43 S. 114(5) repealed by Education Act 1946 (c. 50), s. 8(4)

F44 S. 114(6) repealed by Education (School-leaving Dates) Act 1976 (c. 5), Sch.

Modifications etc. (not altering text)

C1 Definitions of “local education authority”, “minor authority” amended by London Government Act 1963 (c. 33), ss. 30(1), 31(10)

C2 S. 114(2)(a) explained by Rating and Valuation Act 1961 (c. 45), s. 12(6)

Marginal Citations

M1 1972 c. 70.

M2 1972 c. 70.