Education Act 1996

Educational institutions E+W

4 Schools: general. E+W

[F1 (1) In this Act [F2 (subject to [F3 subsections (1A) to (1C)])] “school” means an educational institution which is outside the further education sector and the [F4 wider] higher education sector and is an institution for providing—

(a) primary education,

(b) secondary education, or

(c) both primary and secondary education,

whether or not the institution also provides [F5 part-time education suitable to the requirements of junior pupils or] further education.]

[F6 (1A) An institution which—

(a) provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and

(b) is not a maintained nursery school,

is not a school.]

[F7 (1B) A 16 to 19 Academy is not a school.

(1C) An alternative provision Academy is a school.]

(2) [F8 Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) F9 . . ..

(3) For the purposes of this Act an institution is outside the further education sector if it is not—

(a) an institution conducted by a further education corporation established under section 15 or 16 of the M1 Further and Higher Education Act 1992, or

(b) a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) [F10 , or

(c) a sixth form college]

and references to institutions within that sector shall be construed accordingly.

[F11 (4) For the purposes of this Act an institution is outside the wider higher education sector if —

(a) in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or

(b) in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

and references to institutions within the wider higher education sector are to be construed accordingly.]

Textual Amendments

F1 S. 4(1) substituted (1.9.1997) by 1997 c. 44, s. 51; S.I. 1997/1468, art. 2, Sch. 1 Pt. II

F2 Words in s. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(2), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in s. 4(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(a); S.I. 2012/924, art. 2

F4 Word in s. 4(1) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(a)

F5 Words in s. 4(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F6 S. 4(1A) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(3), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F7 S. 4(1B)(1C) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(b); S.I. 2012/924, art. 2

F8 Words in s. 4(2) substituted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 10(a); S.I. 1998/386, art.2, Sch. 1 Pt. IV

F9 Words in s. 4(2) repealed (1.9.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 10(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV

F10 S. 4(3)(c) and word inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 97 (with art. 2(3))

F11 S. 4(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(b)

Modifications etc. (not altering text)

C1 S. 4(1) restricted (1.9.2000 (E.) and 1.4.2001 (W.)) by 2000 c. 21, s. 110(3) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I

Marginal Citations

M1 1992 c. 13.

5 Primary schools, secondary schools and middle schools. E+W

(1) In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides [F12 part-time education suitable to the requirements of junior pupils or] further education.

(2) In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.

[F13 (3) In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

(a) have attained a specified age below 10 years and six months, and

(b) are under a specified age above 12 years.

(3A) The enactments mentioned in subsection (3) are—

(a) in relation to England—

(i) section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

(ii) section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

(iii) section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

(b) in relation to Wales,

[F14 (i)] section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998[F15 , and

(ii) section 48, 59 or 68 of the School Standards and Organisation (Wales) Act 2013]]

(4) The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.

(5) [F16 The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection] (4) above are exercisable—

(a) notwithstanding anything in this Act (and in particular section 1); but

(b) without prejudice to the exercise of any other power conferred by this Act.

Textual Amendments

F12 Words in s. 5(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F13 S. 5(3)(3A) substituted for s. 5(3) (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 7(2); S.I. 2007/935, art. 7(o)

F14 Words in s. 5(3A)(b) renumbered as s. 5(3A)(b)(i) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(2)(a); S.I. 2013/1800, art. 3(j)

F15 S. 5(3A)(b)(ii) and word inserted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(2)(b); S.I. 2013/1800, art. 3(j)

F16 Words in s. 5(5) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 1(3); S.I. 2006/2129, art. 4

6 Nursery schools F17 ... . E+W

(1) A primary school is a nursery school if it is used [F18 wholly or] mainly for the purpose of providing education for children who have attained the age of two but are under [F19 compulsory school age].

F20 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in s. 6 title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 2(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F18 Words in s. 6(1) inserted (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 156(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F19 Words in s. 6(1) substituted (1.8.1998) by 1997 c. 44, s. 51(1), Sch. 7 para. 11; S.I. 1998/386, art. 2, Sch. 1 Pt. III

F20 S. 6(2) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 2(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)