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Education Act 1996 is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Chapter I The statutory system of education
13A.Duty to promote high standards and fulfilment of potential
14. Functions in respect of provision of primary and secondary schools.
14A.Duty of local authority to consider parental representations
15ZA.Duty in respect of education and training for persons over compulsory school age: England
15ZC.Encouragement of education and training for persons over compulsory school age: England
15A.Powers in respect of education and training for 16 to 18 year olds.
Other arrangements for provision of education
18. Power to arrange provision of education at non-maintained schools.
18A.Provision of education for persons subject to youth detention
19. Exceptional provision of education in pupil referral units or elsewhere : England
19A. Exceptional provision of education in pupil referral units or elsewhere: Wales
Chapter IV The Funding Authorities
Chapter V Allocation of responsibility for education at school between LEA and funding authority
Part II Schools maintained by local education authorities
Chapter II Establishment, alteration etc. of county and voluntary schools
Voluntary schools: establishment, alteration or change of site
Change of status from aided or special agreement school to controlled or aided school
Chapter III Funding of voluntary schools
Obligations of local authorities as regards new sites and buildings
Financial assistance by Secretary of State for aided and special agreement schools
Assistance by local authorities for governing bodies of aided and special agreement schools
Assistance by local authorities for promoters of new voluntary schools
Miscellaneous and supplemental
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Chapter IV Government of county, voluntary and maintained special schools
Governing bodies of county, controlled and maintained special schools
Chapter VI Conduct and staffing of county, voluntary and maintained special schools
Staffing of schools with delegated budgets
136. Staffing of county, controlled and special agreement schools with delegated budgets.
138. Staffing of aided schools with delegated budgets: advisory rights of chief education officer.
139. Staffing of schools with delegated budgets: payments in respect of dismissal, etc.
140. Staffing for non-school activities in community schools.
141. Amendment of articles of government relating to staffing.
142. Application of provisions to maintained special schools.
Appointment and dismissal of teachers of religious education
Chapter VII Discontinuance of local education authority schools
167. Proposals for discontinuance of a county, voluntary or nursery school.
169. Approval or rejection by Secretary of State of proposals under section 167.
170. Determination by local education authority whether to implement proposals.
172. Restriction on taking steps before sections 167 and 169 have been complied with.
Chapter VIII Miscellaneous and supplementary provisions
Part III Grant-maintained schools
Chapter II Procedure for acquisition of grant-maintained status
Chapter IV Establishing new grant-maintained schools
Chapter V Government, conduct etc. of grant-maintained schools
Schools acquiring grant-maintained status: determination etc. of initial governors
236. Determination of initial first or foundation governors.
237. Replacement of proposed initial parent and teacher governors before incorporation.
238. Replacement of proposed initial first or foundation governors before incorporation.
239. Elections and appointments required for determining initial governors of an elected category: supplementary provisions.
New grant-maintained schools: determination etc. of initial governors
Chapter VI Funding of grant-maintained schools
Chapter VIII Discontinuance of grant-maintained schools
Part IV Special educational needs
Chapter I Children in wales with special educational needs
Special educational provision: general
316. Duty to educate children with special educational needs in mainstream schools
317. Duties of governing body or local authority in relation to pupils with special educational needs.
317A. Duty to inform parent where special educational provision made
318. Provision of goods and services in connection with special educational needs.
319. Special educational provision otherwise than in schools.
320. Provision outside England and Wales for certain children.
Identification and assessment of children with special educational needs
321. General duty of local authority towards children for whom they are responsible.
328A.Appeal against determination of local authority in England not to amend statement following review
329. Assessment of educational needs at request of child’s parent.
329A. Review or assessment of educational needs at request of responsible body
332. Duty of Local Health Board or National Health Service trust to notify parent etc.
General functions of LEA, governing body and head teacher in relation to curriculum
371. Functions of governing body: county, controlled and maintained special schools.
372. Functions of head teacher: county, controlled and maintained special schools.
373. Functions of governing body and head teacher: aided and special agreement schools.
374. Functions of governing body and head teacher: grant-maintained schools.
Chapter III Religious education and worship
Required provision for religious education
378. Religious education: aided and special agreement schools.
379. Religious education: grant-maintained schools (former county schools and certain new schools).
380. Religious education: grant-maintained schools (former controlled schools).
381. Religious education: grant-maintained schools (former aided or special agreement schools and certain new schools).
382. Meaning of “the appropriate agreed syllabus” in sections 379 and 380.
384. Duty to secure religious education is given in accordance with required provision in curriculum.
Constitution of standing advisory councils on religious education
Chapter IV Miscellaneous and supplementary provisions
Part VI School admissions, attendance and charges
Chapter I Admission, registration and withdrawal of pupils
Withdrawal of pupils from primary school for secondary education
438. Choice of school: child without EHC plan , or an individual development plan which names a school.
439. Specification of schools in notices under section 438(2).
440. Amendment of order at request of parent: child without EHC plan , or an individual development plan which names a school.
441. Choice of school: child with EHC plan or statement of special educational needs.
441A.Choice of school: child with individual development plan which names a school
School attendance: offences and education supervision orders
443. Offence: failure to comply with school attendance order.
444. Offence: failure to secure regular attendance at school of registered pupil.
444ZA.Application of section 444 to alternative educational provision
444A.Penalty notice in respect of failure to secure regular attendance at school of registered pupil
Chapter III Charges in connection with education at maintained schools
Chapter II Registration of independent schools
Complaints about registered and provisionally registered schools
Chapter I Ancillary functions of Secretary of State
Chapter II Ancillary functions of local authorities
507A.Local authorities in England: functions in respect of recreational and training facilities for children under 13
507B.Local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24
508.Local authorities in Wales: functions in respect of facilities for recreation and social and physical training.
508A.Local authorities in England: duty to promote sustainable modes of travel etc
508B.Local authorities in England: travel arrangements for eligible children
508C.Local authorities in England: travel arrangements etc for other children
508F.Local authorities in England: provision of transport etc for adult learners
508G.Local authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment
508I.Complaints about transport arrangements etc for young adult for whom EHC plan is maintained: England
509AA. Local authorities in England: provision of transport etc. for persons of sixth form age
509AB. Local authorities in England: further provision about transport policy statements for persons of sixth form age
509AD.Local authorities in England: duty to have regard to religion or belief in exercise of travel functions
509AE. Complaints about transport arrangements etc for persons of sixth form age in England
509A. Local authorities in England: travel arrangements for children receiving early years education otherwise than at school.
512. Local authorityfunctions concerning provision of meals, etc.
512ZC.Protection of identity of pupils receiving free school lunches or milk
512A. Transfer of functions under section 512 to governing bodies.
513. Provision of meals etc. at schools not maintained by local authorities.
514. Provision of board and lodging otherwise than at school.
514A.Provision of boarding accommodation for person for whom an EHC plan is maintained
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Chapter III Ancillary functions of governing bodies
Chapter IV Provision of information by governing bodies etc.
537. Power of Secretary of State to require information from governing bodies etc.
537B.Provision of information about children receiving funded education outside school
537C.Disclosure of information by or to principal regulators of exempt charities
538. Provision of information to Secretary of State by governing bodies of maintained schools.
539. Provision of information by governing body of grant-maintained schools.
540. Distribution of information about schools providing secondary education.
541. Distribution of information about further education institutions.
Part X Miscellaneous and general
Chapter I Educational premises
Chapter III Other provisions about schools
Chapter 5A Persons detained in youth accommodation
Provisions applying to detained persons
562C.Detained persons with statement of special educational needs
562D.Appropriate special educational provision: arrangements between local authorities
562G.Information to be provided where statement of special educational needs previously maintained
562H.Release of detained person appearing to host authority to require assessment
SCHEDULES
1.In connection with proposals by a local education authority under...
3.The Secretary of State shall not approve such an agreement...
4.Before approving an agreement under this Schedule, the Secretary of...
5.An agreement under this Schedule— (a) may provide for the...
6.Where an agreement under this Schedule has been approved by...
8.In this Schedule “premises” includes a teacher’s dwelling-house.
Contents of statements under section 122(2) and section 124(1)
Staffing of county, controlled, special agreement and maintained special schools
10.Before taking any of the steps mentioned below, the governing...
11.(1) The local education authority may nominate for consideration for...
12.(1) The governing body may advertise the vacancy at any...
13.(1) Where the governing body advertise the vacancy, they shall—...
14.(1) The local education authority shall appoint the person recommended...
Advice of chief education officer on appointments of teachers
Suspension of direction for reinstatement pending appeal etc.
5.In the following provisions of this Schedule— “appeal” means an...
7A.(1) For the purpose of fixing the time (falling within...
10.(1) The body responsible for making any arrangements under section...
12A.(1) In deciding— (a) whether the pupil in question should...
14.The decision of an appeal committee and the grounds on...
15.(1) Subject to paragraphs 6 to 14, all matters relating...
5.The report shall give such information as is available to...
7A.The report shall give the information about public examinations and...
8.The report shall describe what steps have been taken by...
9.The report shall draw attention to the information made available...
9A.The report shall summarise, where the school is in England,...
9D.The report shall indicate in relation to the period since...
9F.The report shall summarise any changes to information contained in...
Conduct and staffing of new county, voluntary and maintained special schools
Part II Staffing of new schools: financial delegation not proposed
Staffing of new county, controlled or maintained special schools
5.Subject to paragraph 19(4), paragraphs 6 to 11 apply in...
6.(1) The complement of teaching and non-teaching posts for the...
7.(1) Whenever a selection panel is required by virtue of...
8.(1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11)...
9.(1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11)...
10.(1) The general staff appointment provisions shall apply in relation...
11.(1) The clerk to the temporary governing body shall be...
12.Subject to paragraph 19(4), a local authority shall, in discharging...
Part III Staffing of new schools: financial delegation proposed
Part IV Other matters relating to conduct etc. of new schools
Governing bodies of grant-maintained schools
Content of articles of government for grant-maintained schools
Appeals against exclusion of pupils from grant-maintained schools
3.(1) Subject to sub-paragraph (2), the appeal committee shall meet...
5.(1) The appeal committee shall give the relevant person an...
6.An appeal shall be held in private except when otherwise...
8.(1) In deciding whether the pupil in question should be...
10.Subject to paragraph 11, the decision of the appeal committee...
11.Where the governing body extend the period for the consideration...
12.Subject to paragraphs 2 to 11, all matters relating to...
13.(1) Subject to sub-paragraph (2), where joint arrangements for appeals...
Making of assessments under section 323
Making and maintenance of statements under section 324
15.(1) A representative of the Secretary of State shall be...
16.(1) Her Majesty’s Chief Inspector of Schools in England, or...
17.(1) The chairman of the Curriculum and Assessment Authority for...
18.The validity of the Authority’s proceedings shall not be affected...
19.Subject to the preceding provisions of this Schedule, the Authority...
Agreed syllabuses of religious education
Special provisions applicable where order under section 27(1)(b) applies
4.In the following provisions of this Schedule— “appeal” means an...
8.In considering an appeal the appeal committee shall have regard...
9.Appeals shall be heard in private except when otherwise directed...
12.The decision of an appeal committee and the grounds on...
13.(1) Subject to paragraphs 5 to 12, all matters relating...
Meaning of “eligible child” for purposes of section 508B
1.For the purposes of section 508B (travel arrangements for eligible...
Children with special educational needs, a disability or mobility problems
Children who cannot reasonably be expected to walk because of nature of routes
Children outside walking distance where no suitable alternative arrangements made
Part I Amendments coming into force on 1st November 1996
Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)
Sex Discrimination Act 1975 (c. 65)
32.In section 23A of that Act (discrimination by Further Education...
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34.In section 24(2)(c) of that Act (designated establishments) for “the...
36.In section 82 of that Act (general interpretation), in subsection...
37.In Schedule 2 to that Act (transitional exemption orders for...
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Education Reform Act 1988 (c. 40)
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71.In section 161(1)(b)(i) of that Act (interpretation of Part II)...
72.In section 163(1) of that Act (new education authorities for...
73.In section 166(5) of that Act (responsibility for schools) for...
74.(1) Section 197 of that Act (Education Transfer Council) shall...
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77.For section 219 of that Act there is substituted— Powers...
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81.(1) Section 235 of that Act (general interpretation) shall be...
82.(1) Schedule 10 to that Act (supplementary provisions with respect...
84.In section 28(4) of the Children Act 1989 (local authority...
85.In section 36(5) of that Act (education supervision orders: presumption...
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87.In section 87(10) of that Act (welfare of children accommodated...
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91.In section 105(1) of that Act (interpretation) for “the Education...
Diocesan Boards of Education Measure 1991 (1991 No. 2)
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Further and Higher Education Act 1992 (c. 13)
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109.In section 28(3)(a) of that Act (institutions which are grant-aided...
110.(1) Section 37 of that Act (attribution of surpluses and...
111.In section 54(2) of that Act (duty to give information)...
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113.For section 57(6) of that Act (intervention in event of...
114.In section 89(5) of that Act (orders, regulations and directions)...
115.(1) Section 90 of that Act (interpretation) shall be amended...
Nursery Education and Grant-Maintained Schools Act 1996 (c. 57)
Transitional provisions and savings
Part III Miscellaneous savings etc.
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