Part VI MISCELLANEOUS
Independent schools
291 Training for unqualified teachers in CTCs or CCTAs.
In section 218 of the Education Reform Act 1988 (school etc. regulations), after subsection (2) there is inserted—
2A
The regulations may impose requirements on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers; and such requirements shall have effect for the purposes of section 105 of this Act as requirements of the agreements under which the colleges are maintained.
Independent schools
I4293 Corporal punishment.
1
Section 47 of the M14Education (No. 2) Act 1986 (corporal punishment) is amended as follows.
2
In subsection (1), after “pupil” there is inserted “
to whom this subsection applies
”
and after that subsection there is inserted—
1A
Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
1B
In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.
3
In subsection (5)—
a
for the words preceding paragraph (a) there is substituted “Subsection (1) above applies to a pupil”, and
b
for “but” there is substituted “
and in this section “pupil”
.
E1I5294 Corporal punishment: Scotland.
1
Section 48A of the M15Education (Scotland) Act 1980 (corporal punishment) is amended as follows.
2
In subsection (1), after “pupil” there is inserted “
to whom this subsection applies
”
and after that subsection there is inserted—
1A
Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
1B
In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.
3
In subsection (5) for the words preceding paragraph (a) there is substituted
In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school.
5A
Subsection (1) above applies to a pupil-
4
In subsection (8)(a) for “(5)(a)(iii)” there is substituted “
(5A)(a)(iii)
”
.
Part VI MISCELLANEOUS
The curriculum
240 National Curriculum.
1
In section 2 of the Education Reform Act 1988 (the National Curriculum) in subsection (2)(c) (arrangements for assessing pupils at or near the end of each key stage) for “at or near the end” there is substituted “
in respect
”
.
2
After section 3(5) of that Act (power of head teacher to determine key stage for a particular pupil) there is inserted—
5A
If at any time, in the case of a pupil of compulsory school age, subsection (3) above does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—
a
in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attained a particular age were a reference to the school year in which that pupil attained that age, and
b
in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attained the age of fifteen and ending when he ceases to be of compulsory school age.
3
At the end of section 3(6) of that Act (interpretation) there is added—
and
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the next school year.
4
In section 4 of that Act (duty to establish National Curriculum by order) for subsection (5) there is substituted—
5
An order under subsection (2)(c) above—
a
may confer or impose such functions on the governing body and the head teacher and (in the case of maintained schools) on the local education authority as appear to the Secretary of State to be required, and
b
may specify any such assessment arrangements as may for the time being be made by a person specified in the order.
6
Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.
7
The duties that may be imposed by virtue of subsection (5)(a) above include, in relation to persons exercising power in pursuance of provision made by virtue of subsection (6) above, the duty to permit them—
a
to enter the premises of the school,
b
to observe the implementation of the arrangements, and
c
to inspect, and take copies of, documents and other articles.
8
An order under subsection (2)(c) above may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provisions conferring or imposing functions as mentioned in subsection (5)(a) above) as appear to the Secretary of State to be expedient; and any provision made under such an order shall, on being published by Her Majesty’s Stationery Office, have effect for the purposes of this Chapter as if made by the order.
5
In section 117 of that Act (obligation to enter pupils for prescribed examinations), at the end of subsection (2) (exceptions) there is added “
but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements” has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act
”
.
241 Sex education.
1
In section 2(1) of the M2Education Reform Act 1988 (content of curriculum), after “school” in paragraph (a) there is inserted—
aa
in the case of a secondary school, provision for sex education for all registered pupils at the school;
ab
in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education
2
In section 114(1) of the M3Education Act 1944 (interpretation), after the definition of “Senior pupil” there is inserted—
“Sex education” includes education about—
a
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
b
any other sexually transmitted disease
3
After section 17 of the Education Reform Act 1988 there is inserted—
17A Exemption from sex education.
If the parent of any pupil in attendance at any maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.
4
The Secretary of State shall so exercise the power conferred by section 4 of that Act to revise the National Curriculum as to secure that the subject of science does not include—
a
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,
b
any other sexually transmitted disease, or
c
aspects of human sexual behaviour, other than biological aspects,
and sections 20, 21 and 232(4) of that Act (procedure for making orders), and section 242 of this Act, shall not apply to any order made only for the purposes of this subsection.
C15
The governing body of every maintained or grant-maintained school and, in relation to pupils who are provided with secondary education, the governing body of every maintained special school shall—
a
make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and
b
make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.
6
In relation to any county, or controlled, secondary school, and in relation to any pupils who are provided with secondary education in a maintained special school, section 18 of the M4Education (No. 2) Act 1986 (policy for curriculum in county etc. schools), shall have effect with the omission of subsections (2) and (6)(c)(i) and of the references to the matters mentioned in subsection (2) of that section.
I1242 Temporary procedure for making certain orders.
1
Where this section applies in relation to any proposals by the Secretary of State to make an order under section 3(4) or 4(2)(a) or (b) of the M1Education Reform Act 1988 (orders relating to foundation subjects, key stages and attainment targets), or regulations under section 17 of that Act (exceptions from National Curriculum)—
a
the Secretary of State shall make such arrangements for consultation about the proposals as he considers appropriate, and
b
sections 20 and 21 of that Act (procedure for representations in relation to England and Wales) shall not apply.
2
Where, at any time after the commencement of this section and before 1st September 1996, the Secretary of State proposes to make such an order or such regulations, this section applies in relation to the proposals unless, at any time before the commencement of this section—
a
they were referred under section 20(2) of that Act, or
b
notice of them was given under section 21(2) of that Act.
3
Where the Secretary of State proposes, at any time on or after 1st September 1996, to make such an order or such regulations, this section applies in relation to the proposals if arrangements under this section for consultation about the proposals were made before that date.
I2243 Procedure for making certain orders: Wales.
In section 21 of the Education Reform Act 1988, for subsections (2) and (3) there are substituted—
2
The Secretary of State shall refer the proposal to the Curriculum Council for Wales (in this section referred to as “the Council”) and give to it directions as to the time within which it is to report to him.
3
The Council shall give notice of the proposal—
a
to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and
b
to any other persons with whom consultation appears to it to be desirable;
and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.
3A
The report of the Council to the Secretary of State shall contain—
a
a summary of the views expressed during the consultations;
b
its recommendations as to the proposal; and
c
such other advice relating to the proposal as it thinks fit;
and the Council shall, after submitting its report to the Secretary of State, arrange for the report to be published.
3B
Where the Council has reported to the Secretary of State, he shall—
a
publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education—
i
a draft of the proposed order or regulations and any associated document; and
ii
a statement explaining his reasons for any failure to give effect to the recommendations of the Council;
b
send copies of the documents mentioned in paragraph (a) above to the Council and to each of the persons consulted by the Council; and
c
allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.
School leaving date
C2277 Compulsory school age.
1
Subsections (2) and (3) below apply to determine for the purposes of any enactment whether a person is of compulsory school age.
2
A person begins to be of compulsory school age when he attains the age of five years.
3
A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year if—
a
he attains the age of sixteen years after that day but before the beginning of the school year next following,
b
he attains that age on that day, or
c
subject to paragraph (a) above, if that day is the school leaving date next following his attaining that age.
4
The Secretary of State may by order determine the day in any calendar year which is to be the school leaving date for that year.
Supplementary
299 Stamp duty.
1
Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: 38 (taken with section 198 of, and Schedule 10 to, the M8Education Reform Act 1988), 116(3) and (4), 226(1) and 247.
2
Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a funding authority under or by virtue of section 114 or 225(3) of this Act.
3
Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a local education authority—
a
under or by virtue of section 114(1)(a), 132(2) or 225(3) of this Act of property which immediately after the transfer is held by the authority for the purposes of a maintained school, or
b
under or by virtue of section 114(2) or 225(3) of this Act of property which immediately after the transfer is held by the authority for the purposes of a new county school.
4
Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to the governing body of a grant-maintained school—
a
under or by virtue of section 114(2) or 225(3) of this Act, or
b
in the case of a school established under section 48(2) or 49 of this Act, from the funding authority.
5
No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsections (1) to (4) above shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M9Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M10Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
300 Publication of guidance.
1
The Secretary of State shall publish any guidance given by him for the purposes of any of the provisions mentioned in subsection (2) below in such manner as he thinks fit.
2
Those provisions are sections 28, 48, 49, 96(3), 97(4), 104(2), 105(4) and 184(1) of this Act.
301 Orders, regulations and directions.
1
Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.
2
For the purposes of subsection (1) above the excepted provisions are sections 9, 12, 39, 57, 70, 111, 136, 150, 191, 225, 232, 233 and 295, the definition of “Church in Wales school” in section 305 and paragraph 5 of Schedule 4 and paragraph 3 of Schedule 11.
3
A statutory instrument containing any order or regulations under this Act, other than under section 218, 220, 226, 247(5), 248(8) or 308, or paragraph 1(4) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
No regulations shall be made under paragraph 1(4) of Schedule 3 to this Act unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.
5
Before making any regulations under section 56 of this Act, the Secretary of State shall consult—
a
a body appearing to him to be representative of the Church of England,
b
a body appearing to him to be representative of the Church in Wales, and
c
a body appearing to him to be representative of the Roman Catholic Church,
in matters relating to the provision of education in grant-maintained schools having foundation governors.
P16
Orders or regulations under this Act made by the Secretary of State, and orders made by the funding authority under section 57, 70 or 136 of this Act or paragraph 5 of Schedule 4 to this Act, may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit.
7
Section 111 of the M5Education Act 1944 (revocation and variation) applies to directions given by the funding authority under this Act as it applies to directions given under that Act.
302 Financial provisions.
There shall be paid out of money provided by Parliament—
a
any sums required for the payment by the Secretary of State of grants or other contributions under this Act,
b
any other expenses of the Secretary of State under this Act, and
c
any increase attributable to this Act in the sums so payable under any other enactment.
303 Construction of references to old and new law.
1
Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of Parts II to IV of this Act is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.
2
Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of Parts II to IV of this Act has effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.
3
Any reference in any provision of the Education Acts to a funding authority, in relation to any function which, under a corresponding provision of the repealed enactments, was exercisable by the Secretary of State is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as a reference to the Secretary of State.
4
In this section, “the repealed enactments” means the enactments specified in Part I of Schedule 21 to this Act.
304 Meaning of “school” in the Education Acts.
1
In section 14(5) of the M11Further and Higher Education Act 1992 (“school” means an institution providing primary or secondary education, whether or not it also provides further education, etc.) before “further education” there is inserted “
part-time education suitable to the requirements of junior pupils
”
.
2
In the definition of “primary school” in section 114(1) of the M12Education Act 1944 (“primary school” means, subject to regulations under section 1 of the M13Education Act 1964, a school for providing primary education, whether or not it also provides further education) before “further education” there is inserted “
part-time education suitable to the requirements of junior pupils or
”
.
305 General interpretation.
1
In this Act—
“alterations”, in relation to any school premises, includes improvements, extensions and additions and “alter” shall be read accordingly,
“Church in Wales school” means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese,
“Church of England school” means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated,
“contract of employment”, “employee” and “employer” have the same meaning as in the M6Employment Protection (Consolidation) Act 1978, and “employed” means employed under a contract of employment,
“financial year” means a period of twelve months ending with 31st March,
“functions” includes powers and duties,
“land” includes buildings and other structures, land covered with water, and any interest in land,
“liability” includes obligation,
“local authority” means a county council, a district council, a London borough council or the Common Council of the City of London,
“local education authority”—
- a
in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and
- b
in relation to a grant-maintained school, means the local education authority for the area in which the school is situated,
- a
“maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital,
“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly,
“prescribed” means prescribed by regulations,
“regulations” means regulations made by the Secretary of State, and
“Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
2
References in this Act to an interest in land include any easement, right or charge in, to or over land.
3
This Act shall be construed as one with the M7Education Act 1944; but where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that Act shall not apply for the purposes of that provision.
4
Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority”, the Secretary of State shall consult the bishop for the diocese.
306 Index.
The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.
Expression | Relevant provision |
|---|---|
admission for nursery education (in Part II) | section 155(5) |
admission to school (in Part II) | section 155(6) |
alterations | section 305(1) |
appropriate appointing authority (in Part V) | section 204(2) |
appropriate authority (in Part V) | section 204(2) |
appropriate diocesan authority (in relation to a Church of England, Church in Wales or Roman Catholic Church school) | section 305(1) |
authority responsible for election arrangements under the Education (No. 2) Act 1986 (in Chapter V of Part II) | section 80(2) |
capital grants | sections 83(1) and 89 |
the chairmen’s panel (in Part III) | section 177(2) |
change in character of a school (in Part II) | section 103(1) |
character of school (in Part II) | section 155(3) |
child (in Part III) | section 156(5) |
Church in Wales school | section 305(1) |
Church of England school | section 305(1) |
contract of employment | section 305(1) |
core governor | section 122 and Schedule 8 |
date of publication of proposals (in Part II) | section 155(7) |
date of implementation of proposals for acquisition of grant-maintained status | section 37(2) |
date of implementation of proposals for establishment of new grant-maintained school | section 54 |
dissolution date (in sections 111 to 116) | section 111(6) |
education associations | section 218(2) |
eligible governor (in Part II) | paragraph 4 of Schedule 7 |
employed, employee, employer | section 305(1) |
employed to work at a school (in Part II) | section 155(9) |
employed to work solely at a school (in Part II) | section 155(10) |
financial year | section 305(1) |
first governor (in Part II) | paragraphs 7 and 12 of Schedule 7 |
foundation governor (in Part II) | paragraphs 8 and 13 of Schedule 7 |
functions | section 305(1) |
funding authority | section 5 |
governing body (during transition to grant-maintained status) | sections 34(2) |
governing body in liquidation (in sections 111 to 116) | section 111(3) |
governor of an elected category (in Part II) | paragraph 3 of Schedule 7 |
grant-maintained school | sections 22(1) and 221(4) |
grant-maintained school formerly conducted by a governing body in liquidation (in sections 111 to 116) | section 111(5) |
grant-maintained special school | sections 182(3) and 187(3)(b) |
grant regulations (in Chapter VI of Part II) | section 81(2) |
incorporation date (in Part II) | sections 37(5) and 54 |
incorporation date (in Part III) | section 183(8) and 186(3) |
initial governor (in Part II) | paragraph 2 of Schedule 7 |
inspection by a member of the Inspectorate (in Part V) | section 204(2) |
interest in land | section 305(2) |
land | section 305(1) |
the lay panel (in Part III) | section 177(2) |
learning difficulty | section 156(2) |
liabilities incurred by a local education authority (in Part II) | section 155(8) |
liability | section 305(1) |
local authority | section 305(1) |
local education authority | section 305(1) |
maintained school | section 305(1) |
maintained special school | section 182(2) |
maintenance grants | sections 81(1) and 87(1) |
member of the Inspectorate (in Part V) | section 204(2) |
modifications | section 305(1) |
new governing body (in Part II) | section 34(2) |
parent governor (in Part II) | paragraphs 5 and 10 of Schedule 7 |
pending (in relation to proposals for the acquisition of grant-maintained status published under section 32) | section 32(4) |
pending (in relation to the procedure for acquisition of grant-maintained status) | section 40(1) |
premises (in Part II) | section 155(1) |
prescribed | section 305(1) |
the President (in Part III) | section 177(2) |
procedure applicable under the Education (No. 2) Act 1986 (in Chapter V of Part II) | section 80(3) |
promoters (in Part II) | section 49(1) |
proposals (in Chapter VII of Part II) | section 103(3) |
proposals for acquisition of grant-maintained status | section 22(2) |
proposals for the establishment of a new grant-maintained school | section 22(2) |
prospectively disqualified (in Chapter V of Part II) | section 80(4) |
pupil referral unit | section 298(2) |
the purposes of the school (in Chapter VI of Part II) | section 81(4) |
reception class (in Part II) | section 155(1) |
registered, in relation to parents or pupils, etc. (in Part II) | section 155(1) |
regulations | section 305(1) |
relevant age group (in Part II) | section 155(4) |
relevant education | section 12(7) |
relevant particulars (in relation to a proposed initial governor of a grant-maintained school) | section 37(4) |
Roman Catholic Church school | section 305(1) |
school attendance order | section 192(3) |
school property (in sections 111 to 116) | section 111(4) |
school which is eligible for grant-maintained status (in Part II) | section 23 |
schools the governing bodies of which are incorporated under Chapter II of Part II | section 221(5) |
schools the governing bodies of which are incorporated under Chapter IV of Part II | section 221(7) |
section 9 inspection (in Part V) | section 204(2) |
section 105 loan liabilities (in sections 111 to 116) | section 111(7) |
special educational needs | section 156(1) |
special educational provision | section 156(4) |
special measures (in Part V) | section 204(3) |
special purpose grants | sections 82(1) and 88 |
special school | section 182(1) |
sponsor governor (in Part II) | paragraphs 9 and 14 of Schedule 7 |
teacher governor (in Part II) | paragraphs 6 and 11 of Schedule 7 |
transfer date (in Part V) | section 220(2) |
the Tribunal (in Part III) | section 177(1) |
I3307 Amendments etc.
1
Schedule 19 to this Act (which makes minor and consequential amendments) shall have effect.
2
Schedule 20 to this Act (which makes transitional provisions and savings) shall have effect.
3
The enactments mentioned in Schedule 21 to this Act are repealed to the extent mentioned in the third column.
308 Short title, commencement, etc.
1
This Act may be cited as the Education Act 1993.
2
The Education Acts 1944 to 1992 and this Act may be cited together as the Education Acts 1944 to 1993 (referred to in this Act as “the Education Acts”).
P23
This Act (other than sections 240, 301 to 303, 305, 306 and this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.
4
Subject to subsection (5) below, this Act extends to England and Wales only.
5
The amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
Part VI MISCELLANEOUS
Independent schools
291 Training for unqualified teachers in CTCs or CCTAs.
In section 218 of the Education Reform Act 1988 (school etc. regulations), after subsection (2) there is inserted—
2A
The regulations may impose requirements on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers; and such requirements shall have effect for the purposes of section 105 of this Act as requirements of the agreements under which the colleges are maintained.