Learning and Skills Act 2000

110 Secondary education

(1) After section 2(2) of the [1996 c. 56.] Education Act 1996 (definition of secondary education) there shall be inserted—

“(2A) Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

(a) is maintained by a local education authority, and

(b) is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

(2B) Where—

(a) a person is in full-time education,

(b) he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and

(c) the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).”

(2) Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the [1996 c. 56.] Education Act 1996 (schools)).

(3) An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the [1998 c. 31.] School Standards and Framework Act 1998 (community or foundation mainstream or special school).

(4) A local education authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the [1996 c. 56.] Education Act 1996 (education for 16 to 18 year olds).

(5) Section 51(3A) of the [1992 c. 13.] Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.