Education Act 1996
Part I General
Chapter I The statutory system of education
General
1 The stages of education.
2 Definition of primary, secondary and further education.
3 Definition of pupil etc.
Educational institutions
4 Schools: general.
5 Primary schools, secondary schools and middle schools.
6 Nursery schools ... .
Compulsory education
7 Duty of parents to secure education of children of compulsory school age.
8 Compulsory school age.
Education in accordance with parental wishes
9 Pupils to be educated in accordance with parents’ wishes.
Chapter II Functions of the Secretary of State
10 General duty of Secretary of State.
11 Duty in the case of primary, secondary and further education.
Chapter III local authorities
The authorities
12 Local authorities and their areas.
General functions
13 General responsibility for education.
13ADuty to promote high standards and fulfilment of potential
14 Functions in respect of provision of primary and secondary schools.
14ADuty of local authority to consider parental representations
15 Functions in respect of provision of further education.
15ZADuty in respect of education and training for persons over compulsory school age: England
15ZBCo-operation in performance of section 15ZA duty
15ZCEncouragement of education and training for persons over compulsory school age: England
15ZDSections 15ZA to 15ZC: duty to have regard to guidance
15A Powers in respect of education and training for 16 to 18 year olds.
15B Functions in respect of education for persons over 19.
Establishment etc. of schools
16 Power to establish, maintain and assist primary and secondary schools.
17 Powers in respect of nursery schools .
Other arrangements for provision of education
18 Power to arrange provision of education at non-maintained schools.
18AProvision of education for persons subject to youth detention
19 Exceptional provision of education in pupil referral units or elsewhere.
Chapter IV The Funding Authorities
The Authorities
20 The Funding Agency for Schools.
21 The Schools Funding Council for Wales.
Functions
22 Functions of funding authorities.
23 Value-for-money studies of grant-maintained schools.
24 Supervision of funding authorities by the Secretary of State.
Supplemental
25 Grants to funding authorities.
26 Meaning of “funding authority”.
Chapter V Allocation of responsibility for education at school between LEA and funding authority
27 Responsibility for providing sufficient school places.
Chapter VI Supplemental
Allocation of functions
28 Resolution of disputes as to allocation of functions.
Provision of information
29 Provision of information by local authorities .
30 Provision of information by funding authorities.
Part II Schools maintained by local education authorities
Chapter I Preliminary
31 County schools and voluntary schools.
32 Categories of voluntary schools: controlled, aided and special agreement schools.
33 Maintained nursery schools and maintained special schools.
34 Meaning of “maintain”
Chapter II Establishment, alteration etc. of county and voluntary schools
County schools: establishment, alteration or change of site
35 County school: proposals for establishment, alteration or new site.
36 Objections to proposals under section 35.
37 Approval or rejection by Secretary of State of proposals under section 35.
38 Determination by LEA whether to implement proposals under section 35.
39 Approval of school premises.
40 Implementation of proposals under section 35,
Voluntary schools: establishment, alteration or change of site
41 Voluntary school: proposals for establishment, alteration or new site.
42 Objections to proposals under section 41.
43 Approval or rejection by Secretary of State of proposals under section 41.
44 Approval of school premises.
45 Implementation of proposals under section 41,
46 Establishment of a new voluntary school in substitution for an old one.
47 Order authorising transfer of voluntary school to new site.
Status of new voluntary school
48 Order that school is to be controlled or aided school.
Proposals for a middle school
49 Proposals under section 35 or 41 for a middle school.
Division of a single school into two or more schools
50 Division of a county school.
51 Division of a voluntary school.
Change of status from controlled school to aided school
52 Proposals for changing a controlled school to an aided school.
53 Objections to proposals.
54 Order by Secretary of State.
55 Variation of order under section 54.
56 Compensation payable by governing body to local education authority.
Change of status from aided or special agreement school to controlled or aided school
57 Change to controlled school where governing body unable or unwilling to carry out financial obligations.
58 Change to controlled or aided school on repayment of grant under special agreement.
Chapter III Funding of voluntary schools
Obligations of governing bodies
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obligations of local authorities as regards new sites and buildings
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial assistance for controlled schools
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial assistance by Secretary of State for aided and special agreement schools
65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assistance by local authorities for governing bodies of aided and special agreement schools
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assistance by local authorities for promoters of new voluntary schools
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous and supplemental
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IV Government of county, voluntary and maintained special schools
Instruments of government
76 Instruments of government.
77 Procedure for making and altering instruments of government.
Categories of governor
78 Categories of governor.
Governing bodies of county, controlled and maintained special schools
79 Constitution of the governing body of a county, controlled or maintained special school.
80 Appointment of representative governors in place of co-opted governors.
81 Appointment of parent governors by governing bodies.
82 Review of the constitution of governing bodies.
83 Adjustment in number of governors.
Governing bodies of aided and special agreement schools
84 Constitution of the governing body of an aided or special agreement school.
85 Sponsor governors for aided secondary schools.
Governing bodies: general
86 Instrument of government to reflect current circumstances of school.
87 Effect of change in circumstances of school.
88 Incorporation, membership and proceedings of governing bodies.
Grouping of schools under a single governing body
89 Grouping of schools under a single governing body.
90 Consent of Secretary of State as to grouping.
91 Consent of, or consultation with, governing body as to grouping.
92 Procedure for making or altering the instrument of government for a group.
93 Election of parent and teacher governors for a group.
94 Review of grouping.
95 Termination of grouping.
Government of new schools
96 Temporary governing bodies for new county or maintained special schools.
97 Temporary governing bodies for new voluntary schools.
98 Constitution, membership and proceedings of temporary governing bodies.
99 Transition from temporary governing body to governing body constituted under an instrument of government.
Grouping of new schools
100 Grouping of new schools.
Chapter V
Chapter VI Conduct and staffing of county, voluntary and maintained special schools
Articles of government
127 Articles of government.
128 Procedure for making and altering articles of government.
129 Overriding, and amendment, of articles where school has a delegated budget.
Conduct of schools: general
130 Governing body to have general responsibility for conduct of school.
131 Consultation with governing body not required in urgent cases.
132 Separate departments of school to be treated as separate schools.
Staffing of schools without delegated budgets
133 Staffing of county, controlled, special agreement and maintained special schools without delegated budgets.
134 Staffing of aided schools without delegated budgets.
135 Appointment etc. of clerk to governing body of school other than aided school.
Staffing of schools with delegated budgets
136 Staffing of county, controlled and special agreement schools with delegated budgets.
137 Staffing of aided 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
143 Appointment etc. of reserved teachers in controlled schools.
144 Appointment etc. of reserved teachers in special agreement schools.
145 Dismissal of teachers of religious education in aided schools.
Religious opinions of staff etc.
146 Religious opinions of staff etc.
School terms, holidays and sessions
147 Responsibility for determining dates of terms and holidays and times of sessions.
148 Procedure for changing times of sessions at a county, controlled or maintained special school.
Control of school premises
149 County and maintained special schools: control of use of premises outside school hours.
150 Voluntary schools: control of use of premises.
151 Voluntary schools: transfer of control agreements.
152 Voluntary schools: use of premises outside school hours.
Instruction or training outside school premises
153 Instruction or training outside school premises.
Discipline: general
154 Responsibility of governing body and head teacher for discipline.
155 LEA’s reserve power to prevent a breakdown of discipline.
156 Power of head teacher to exclude pupils.
157 Exclusion of pupils: duty to inform parents etc.
158 Reinstatement of excluded pupils.
159 Appeals against exclusion or reinstatement of pupils.
160 Additional provision for appeals against exclusion of pupils.
Reports, meetings and information
161 Governors’ annual reports.
162 Annual parents’ meetings.
163 No annual parents’ meeting required in case of certain special and boarding schools.
164 Governors’ reports and annual parents’ meetings for grouped schools.
165 Provision of information by governing body and head teacher.
New schools
166 Conduct and staffing of new schools.
Chapter VII Discontinuance of local education authority schools
Procedure for discontinuance of county, voluntary or maintained nursery school by local education authority
167 Proposals for discontinuance of a county, voluntary or nursery school.
168 Objections to proposals.
169 Approval or rejection by Secretary of State of proposals under section 167.
170 Determination by local education authority whether to implement proposals.
171 Duty to implement proposals.
172 Restriction on taking steps before sections 167 and 169 have been complied with.
Discontinuance of voluntary school by governing body
173 Discontinuance of a voluntary school by its governing body.
174 Conduct by local education authority of a voluntary school which is subject to notice of discontinuance.
175 Discontinuance of voluntary school in consequence of proposal to establish a further education corporation.
Chapter VIII Miscellaneous and supplementary provisions
Further education
176 Provision of further education.
Teacher training
177 Provision of courses of initial teacher training.
Modification of employment law
178 Application of employment law during financial delegation.
Modification of trust deeds and other instruments
179 Variation of trust deeds etc. by order.
180 Modification of provisions whereby governors of voluntary schools are ex officio trustees.
Interpretation of Part II
181 Meaning of expressions relating to new schools.
182 Meaning of “governing body” and “governor” in Chapters IV to VI.
Part III Grant-maintained schools
Chapter I Preliminary
183“Grant-maintained schools”.
Chapter II Procedure for acquisition of grant-maintained status
Eligibility
184 Schools eligible for grant-maintained status.
185 Duty of governing body to consider ballot on grant-maintained status.
Initiation of procedure
186 Initiation of procedure by governing body.
187 Initiation of procedure by parents.
Information
188 Information as to parents of registered pupils.
Ballot of parents
189 Ballot of parents.
190 Persons eligible to vote in ballot.
191 Second ballot to be held if insufficient votes cast.
192 Power to declare ballot void for irregularity.
193 Publication of proposals.
Approval and implementation of proposals
194 Withdrawal, approval or rejection of proposals.
195 Incorporation of governing body.
196 Exercise of powers before proposed date of implementation.
Expenses in connection with proposals
197 Expenses in connection with proposals for acquisition of grant-maintained status.
Alteration of county school proposed for grant-maintained status
198 Proposals by governing body for alteration of county school proposed for grant-maintained status.
199 Approval or rejection by Secretary of State of proposals under section 198.
Supplementary
200 Chapter II: interpretation, etc.
Chapter III Property, staff and contracts
Transfer of property and staff, etc.
201 Transfer of property etc.
202 Transfer of staff.
Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.
203“Pending” procedure for acquisition of grant-maintained status.
204 Control of disposals of land.
205 Wrongful disposals of land.
206 Control of contracts.
207 Wrongful contracts.
208 Restriction on change of purpose for which property used or held.
209 Restriction on staff changes.
Supplementary
210 Supplementary provisions about transfers.
Chapter IV Establishing new grant-maintained schools
Proposals for establishment of new grant-maintained school
211 Proposals by funding authority.
212 Proposals by promoters.
213 Provisions supplementary to sections 211 and 212.
Approval and implementation of proposals
214 Approval, adoption or rejection of proposals.
215 Implementation of proposals.
216 Exercise of powers before proposed date of implementation, and payment of grant.
Supplementary
217 Chapter IV: interpretation.
Chapter V Government, conduct etc. of grant-maintained schools
The governing instruments
218 Constitution of governing body and conduct of school.
219 Initial instruments and articles of government.
220 Subsequent instruments of government.
221 Subsequent articles of government.
Governors
222 Categories of governors.
223 Parent governors.
224 Teacher governors.
225 Head teacher.
226 First governors.
227 Power of the Secretary of State to replace first governors.
228 Foundation governors.
229 Sponsor governors.
230 Additional governors.
Powers
231 Powers of governing body.
232 Joint schemes.
233 Making and varying joint schemes.
Schools acquiring grant-maintained status: determination etc. of initial governors
234 Determination of initial parent and teacher governors.
235 Section 234: supplementary provisions.
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.
240 Initial sponsor governors.
New grant-maintained schools: determination etc. of initial governors
241 Initial governors for new grant-maintained schools.
General and supplementary
242 Saving for defects in selection or nomination.
243 Chapter V: interpretation.
Chapter VI Funding of grant-maintained schools
Grants: general
244 Maintenance grants.
245 Special purpose grants.
246 Capital grants.
247 Imposition of requirements on governing body in receipt of grant.
248 Grants: further provisions.
Grants: Wales (until establishment of the SFCW)
249 Application of sections 250 to 254.
250 Maintenance grants.
251 Special purpose grants.
252 Capital grants.
253 Imposition of requirements on governing body in receipt of grant.
254 Grants: further provisions.
Loans
255 Loans to governing bodies.
Recovery from local funds
256 Recovery from local funds of sums in respect of maintenance grant.
257 Determination of total amount recoverable under section 256.
258 Provisions consequential on section 256.
Chapter VII Alteration etc. of grant-maintained schools
259 Proposals for change of character etc. by governing body.
260 Proposals for change of character etc. by funding authority.
261 Approval, adoption or rejection of proposals.
262 Approval of school premises.
263 Implementation of proposals, etc.
264 Power to transfer functions under preceding provisions etc.
265 Proposals for change of character approved before school becomes grant-maintained.
266 Chapter VII: interpretation.
Chapter VIII Discontinuance of grant-maintained schools
Proposals for discontinuance
267 Proposals by governing body for discontinuance.
268 Proposals by funding authority for discontinuance.
269 Approval, adoption or rejection of proposals.
270 Implementation of proposals.
271 Power to transfer functions under preceding provisions.
Withdrawal of grant
272 Withdrawal of grant where school is unsuitable to continue as grant-maintained school.
273 Withdrawal or variation of notice under section 272.
Winding up and disposal of property
274 Power to provide by order for winding-up and disposal of property.
275 Winding up.
276 Grants to governing body in liquidation.
277 Disposal of school property.
278 Disposal of school property: supplementary.
279 Surplus money and investments.
Chapter IX Groups of grant-maintained schools
280 Nature of group.
281 Instruments and articles of government for group.
282 Parent governors.
283 Teacher governors.
284 Head teacher governors.
285 Core governors.
286 Power of the Secretary of State to replace core governors.
287 Additional governors.
288 Powers.
289 Application of maintenance grants in the case of groups.
290 School acquiring grant-maintained status as a member of a group, etc.
Chapter X General and Miscellaneous
Middle schools
291 Grant-maintained middle schools.
Nursery education
292 Nursery education in grant-maintained schools.
Further education
293 Provision of further education in grant-maintained schools.
Teacher training
294 Provision of courses of initial teacher training.
Provision of benefits and services by local education authority
295 Provision of benefits and services for pupils etc. by local education authority.
Transfer and disposal of premises
296 Transfer of premises to trustees.
297 Disposal of premises on transfer of school to new site.
298 Disposal of premises transferred under section 201.
299 Disposal of premises held by trustees.
300 Disposal of premises provided, etc. by the funding authority.
301 Interpretation of sections 296 to 300.
Modification of instruments
302 Variation of trust deeds etc. by order.
303 Modification of instruments relating to land held for purposes of voluntary schools.
Religious opinions etc. of staff
304 Former county schools and certain schools established as grant-maintained schools.
305 Former voluntary schools and certain schools established as grant-maintained schools.
306 Changes in religious character of schools.
Discipline
306AResponsibility of governing body and head teacher for discipline.
Exclusion of pupils
307 Restrictions on power to exclude pupils.
307AExclusion appeals.
Appeal committees
308 Duties of governing body in relation to appeal committees.
Supplementary
309 Manner of giving notification to governing body.
310 Inspection of accounts and reports to Parliament.
Interpretation
311 Interpretation of Part III.
Part IV Special educational needs
Chapter I Children in wales with special educational needs
Introductory
311AApplication of this Chapter: children in Wales
312 Meaning of “special educational needs” and “special educational provision” etc.
312AChildren subject to detention
Code of Practice
313 Code of Practice.
314 Making and approval of code.
Special educational provision: general
315 Review of arrangements.
316 Duty to educate children with special educational needs in mainstream schools
316A Education otherwise than 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.
322Duty of certain bodies to help local authority.
323 Assessment of educational needs.
324 Statement of special educational needs.
325 Appeal against decision not to make statement.
326 Appeal against contents of statement.
326A Unopposed appeals
327 Access for local authority to certain schools.
328 Reviews of educational needs.
328AAppeal 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
330. . . . . . . . . ....
331 Assessment of educational needs of children under two.
332 Duty of Local Health Board or National Health Service trust to notify parent etc.
Appeals by children
332ZARight of a child to appeal to the ... Tribunal
332ZBNotice and service of documents on a child
332ZCCase friends ...
General duties of local authorities
332A Advice and information for parents — England
332AAAdvice and information ...
332B Resolution of disputes — England
332BAResolution of disputes ...
332BBIndependent advocacy services ...
...
332CProvision of information
332DPublication of information
332EInterpretation of sections 332C and 332D
Special Educational Needs Tribunal for Wales
333 Constitution of ... Tribunal.
334 The President and members of the panels.
335 Remuneration and expenses.
336 Tribunal procedure.
336ZA Special Educational Needs Tribunal for Wales
336ZBAppeals from the ... Tribunal to the Upper Tribunal
336A Compliance with orders
Chapter II Schools providing for special educational needs
Interpretation
337Special schools
337AInterpretation of Chapter
Establishment etc. of special schools
338 Power of funding authority to establish grant-maintained special school.
339 Establishment, of maintained or grant-maintained special schools.
340 Procedure for dealing with proposals.
341 Approval of premises of maintained or grant-maintained special schools.
Approval of non-maintained special schools
342 Approval of non-maintained special schools.
Non-maintained special schools in England: protection of pupils in an emergency
342AApplication to justice of the peace: power to make regulations
Non-maintained special schools in England: appeals
342BAppeal against decision of Secretary of State
342CAppeal against order of justice of peace
343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Government etc. of special schools
344 Government of special schools.
Maintained special school becoming grant-maintained
345 Maintained special school becoming grant-maintained special school.
Grouping of grant-maintained special schools
346 Groups including grant-maintained special schools.
Independent schools providing special education
347 Approval of independent schools.
348 Provision of special education at non-maintained schools —Wales.
Variation of deeds
349 Variation of trust deeds etc. by order.
Part V The Curriculum
Chapter I Preliminary
350 Meaning of “maintained school” etc. in Part V.
351 General duties in respect of the curriculum.
352 Basic curriculum for every maintained school.
Chapter II Secular education
The National Curriculum: general
353 The National Curriculum.
354 The core subjects and other foundation subjects.
355 The key stages.
356 Establishment of the National Curriculum by order.
357 Implementation of the National Curriculum in schools.
The School Curriculum and Assessment Authority
358 The School Curriculum and Assessment Authority.
359 Functions.
The Curriculum and Assessment Authority for Wales
360 The Curriculum and Assessment Authority for Wales.
361 Functions.
The National Curriculum: special cases
362 Development work and experiments.
363 Exceptions by regulations.
364 Pupils with statements of special educational needs.
365 Temporary exceptions for individual pupils.
366 Information concerning directions under section 365.
367 Appeals against directions under section 365 etc.
The National Curriculum: supplementary provisions
368 Procedure for making certain orders and regulations.
369 Programmes of research etc. in relation to Wales.
General functions of LEA, governing body and head teacher in relation to curriculum
370 Duty of local education authority to state policy.
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
Agreed syllabuses
375 Agreed syllabuses of religious education.
Required provision for religious education
376 Religious education: county schools.
377 Religious education: controlled schools.
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.
383 Changes in religious education and worship.
384 Duty to secure religious education is given in accordance with required provision in curriculum.
Religious worship
385 Collective worship.
386 Collective worship in county schools and certain grant-maintained schools to be broadly Christian.
387 Disapplication of requirement for Christian collective worship.
388 Duty to secure participation in collective worship.
Exceptions and special arrangements
389 Exceptions and special arrangements.
Constitution of standing advisory councils on religious education
390 Constitution of advisory councils.
391 Functions of advisory councils.
392 Advisory councils: supplementary provisions.
393 Duty to constitute new standing advisory council.
Determinations by standing advisory councils
394 Determination of cases in which requirement for Christian collective worship is not to apply.
395 Review of determinations under section 394.
396 Power of Secretary of State to direct advisory council to revoke determination or discharge duty.
Access to meetings and documents
397 Religious education: access to meetings and documents.
Miscellaneous
398 No requirement of attendance at Sunday school etc.
399 Determination of question whether religious education in accordance with trust deed.
Chapter IV Miscellaneous and supplementary provisions
Courses leading to external qualifications
400 Courses leading to external qualifications.
401 Power to extend section 400 to senior pupils and FE students.
Obligation to enter pupils for public examinations
402 Obligation to enter pupils for public examinations.
Sex education
403 Sex education: manner of provision.
404 Sex education: statements of policy.
405 Exemption from sex education.
Politics
406 Political indoctrination.
407 Duty to secure balanced treatment of political issues.
Information
408 Provision of information.
Complaints and enforcement
409Complaints and enforcement: maintained schools in Wales .
Nursery education
410 Application of Part V in relation to nursery education.
Part VI School admissions, attendance and charges
Chapter IAdmission, registration and withdrawal of pupils
Parental preferences
411 Parental preferences.
411ANo requirement to admit children permanently excluded from two or more schools.
Admission arrangements for county and voluntary schools
412 Consultation as to admission arrangements.
413 Admission arrangements to preserve character of aided or special agreement school.
413A Admission arrangements may provide for home-school partnership documents.
413B Effect of home-school partnership document.
414 Information as to schools and admission arrangements.
Admission numbers for county and voluntary schools
415 Meaning of “the admission authority”.
416 Fixing admission numbers.
417 Standard numbers for admissions to secondary schools.
418 Standard numbers for admissions to primary schools.
419 Special provisions supplementary to section 418.
420 Variation of standard numbers.
421 Review of standard numbers.
421A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New county and voluntary schools
422 Admission of pupils to new schools.
Admissions appeals relating to county and voluntary schools
423 Appeal arrangements.
423AAppeals relating to children to whom section 411A(2) applies.
Nursery and special schools, etc.
424 Admission of pupils to nursery schools and special schools,
Admission arrangements for grant-maintained schools
425 Admission arrangements and information about them.
425ARestrictions on admissions to grant-maintained schools.
425B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Admission numbers for grant-maintained schools
426 Minimum number for admission.
426A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
427 Alteration of minimum number by Secretary of State.
428 Alteration of minimum number by funding authority.
Admissions appeals relating to grant-maintained schools
429 Appeal arrangements.
Co-ordinated arrangements for admissions
430 Co-ordinated arrangements for admissions.
Power to direct admission of child to school
431 Direction to admit child to specified school.
432 Procedure for giving direction under section 431.
Time for admission of pupils
433 Time for admission of pupils.
Registration of pupils
434 Registration of pupils.
Withdrawal of pupils from primary school for secondary education
435 Withdrawal of pupils from a primary school for secondary education.
Supplementary
436 Effect of admission for nursery education.
Chapter II School attendance
Children not receiving suitable education
436ADuty to make arrangements to identify children not receiving education
School attendance orders
437 School attendance orders.
438 Choice of school: child without EHC plan or statement of special educational needs.
439 Specification of schools in notices under section 438(2).
440 Amendment of order at request of parent: child without EHC plan or statement of special educational needs.
441 Choice of school: child with EHC plan or statement of special educational needs.
442 Revocation of order at request of parent.
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.
444ZAApplication of section 444 to alternative educational provision
444APenalty notice in respect of failure to secure regular attendance at school of registered pupil
444BPenalty notices: supplemental
445 Presumption of age.
446 Institution of proceedings.
447 Education supervision orders.
Exemption
448 Exemption where child becomes five during term.
Chapter III Charges in connection with education at maintained schools
Preliminary
449 Meaning of “maintained school” in Chapter III.
Prohibition of charges
450 Prohibition of charges for admission.
451 Prohibition of charges for provision of education.
452 Application of section 451 where education is provided partly during and partly outside school hours etc.
453 Examinations: prohibition of charges and recovery of wasted fees.
454 Prohibition of incidental charges.
Permitted charges
455 Permitted charges.
456 Regulation of permitted charges.
457 Charges and remissions policies.
458 Charges for board and lodging at boarding schools.
Supplementary
459 Provision of information.
460 Contributions and charges unaffected by Chapter III.
461 Recovery of sums as civil debt.
462 Interpretation of Chapter III.
Part VII Independent Schools
Chapter I Preliminary
463 Alteration to definition of “independent school”
Chapter II Registration of independent schools
Registration
464 Separate registration for England and for Wales.
465 Provisional and final registration of a school.
466 Enforcement of registration: offences.
467 Provision of information about registered and provisionally registered schools.
468 School may be struck off for contravention of regulations about employment of teachers.
Complaints about registered and provisionally registered schools
469 Notice of complaint by Secretary of State.
470 Determination of complaint by an Independent Schools Tribunal.
471 Determination of complaint by Secretary of State.
472 Effect of personal disqualification.
473 Enforcement of disqualification.
473A Removal of disqualification: persons no longer unsuitable to work with children.
473B Conditions for application under section 473A.
474Removal of disqualification: other cases.
475 Duty of Registrar to comply with order for the deletion of a school from the register.
Independent Schools Tribunals
476 Constitution and proceedings of Independent Schools Tribunals.
Supplementary
477 Disqualification in Scotland.
478 Offences: institution of proceedings and punishment.
Chapter III Assisted places at independent schools
479 The assisted places scheme.
480 Assisted places: further provision by regulations.
481 Incidental expenses of pupils holding assisted places.
Chapter IV City colleges
482 Academies
483 City colleges: financial provisions.
483A City colleges and academies: special educational needs.
Part VIII Grants and other financial matters
Grants
484Education standards grants.
485 Grants in aid of educational services or research.
486 Grants to bodies whose objects are promotion of learning or research.
487 Grants for education in Welsh.
488 Grants for education of travellers and displaced persons.
489 Conditions as to payment of grants under sections 484 to 488.
490 Grants in respect of special provision for ethnic minorities.
Payment of fees etc.
491 Payment of school fees and expenses.
Recoupment
492 Recoupment: adjustment between local authorities.
493 Recoupment: cross-border provisions.
494 Recoupment: excluded pupils.
Part IX Ancillary functions
Chapter I Ancillary functions of Secretary of State
General functions
495 Determination of disputes.
496 Power to prevent unreasonable exercise of functions.
497 General default powers.
497A Power to secure proper performance of local authority’s education functions .
497AA Power to secure proper performance: duty of authority where directions contemplated
497B Power to secure proper performance: further provisions.
Appointment of governors, etc.
498 Powers where no properly constituted governing body.
Membership of education committees
499 Power to direct appointment of members of education committees.
Rationalisation of school places
500 Directions to bring forward proposals to remedy excessive provision.
501 Directions to bring forward proposals for additional provision in maintained schools.
502 Publication of proposals by Secretary of State.
503 Public inquiry into proposals.
504 Adoption of proposals and approval of related proposals.
505 Supplementary provisions.
Medical examinations
506 Power to require medical examination of pupils.
Local inquiries
507 Power to direct local inquiries.
Chapter II Ancillary functions of local authorities
Provision of services
507ALocal authorities in England: functions in respect of recreational and training facilities for children under 13
507BLocal 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.
508ALocal authorities in England: duty to promote sustainable modes of travel etc
508BLocal authorities in England: travel arrangements for eligible children
508CLocal authorities in England: travel arrangements etc for other children
508DGuidance etc in relation to sections 508B and 508C
508ELocal authorities in England: school travel schemes
508FLocal authorities in England: provision of transport etc for adult learners
508GLocal authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment
508HGuidance: sections 508F and 508G
508IComplaints about transport arrangements etc for young adult for whom EHC plan is maintained: England
509 LEAs in Wales: provision of transport etc.
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
509AC Interpretation of sections 509AA and 509AB
509ADLocal 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
509ALocal authorities in England: travel arrangements for children receiving early years education otherwise than at school.
510 Provision of clothing.
511 Provisions supplementary to section 510.
512 Local authorityfunctions concerning provision of meals, etc.
512ZA Power to charge for meals etc.
512ZB Provision of free school lunches and milk
512ZCProtection of identity of pupils receiving free school lunches or milk
512A Transfer of functions under section 512 to governing bodies.
512BProvision of school lunches: Academies
513 Provision of meals etc. at schools not maintained by local authorities.
514 Provision of board and lodging otherwise than at school.
514AProvision of boarding accommodation for person for whom an EHC plan is maintained
515 Provision of teaching services for day nurseries.
516 Supply by LEA of goods and services to grant-maintained and grant-maintained special schools.
Payment of fees
517 Payment of fees at schools not maintained by a local authority.
518 Payment of school expenses; grant of scholarships, etc.
Allowances for governors
519 Travelling and subsistence allowances for governors of schools and further or higher education institutions.
Medical arrangements
520 Medical inspection and treatment of pupils.
Cleanliness of pupils
521 Examination of pupils for cleanliness.
522 Compulsory cleansing of a pupil.
523 Arrangements for cleansing of pupils.
524Suspension of a pupil pending examination or cleansing.
525 Offence of neglecting the cleanliness of a pupil.
Educational research and conferences
526 Powers as to educational research.
527 Powers as to educational conferences.
Plans relating to children with behavioural difficulties
527A Duty of local authority to prepare plan relating to children with behavioural difficulties.
Disability statements relating to further education
528 Duty of LEA to publish disability statements relating to further education.
Acquisition and holding of property
529 Power to accept gifts on trust for educational purposes.
530 Compulsory purchase of land.
531 Acquisition of land by agreement.
Appointment of chief education officer
532 Appointment of chief education officer.
Direct payments
532APersons with special educational needs ...
532BPilot schemes
532CPilot schemes: local authorities and duration
Chapter III Ancillary functions of governing bodies
Provision of services
533 Functions of governing bodies of maintained schools with respect to provision of school meals etc.
534 Duties of governing bodies of grant-maintained schools with respect to provision of school meals
535 Provision of teaching services for day nurseries.
Medical arrangements
536 Medical inspection and treatment of pupils at grant-maintained schools.
Chapter IV Provision of information by governing bodies etc.
537 Power of Secretary of State to require information from governing bodies etc.
537A Provision of information about individual pupils.
537BProvision of information about children receiving funded education outside school
537CDisclosure of information by or to principal regulators of exempt charities
538 Provision of information to Secretary of State by governing bodies of maintained schools.
538APower to direct participation in international surveys
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
Required standards for educational premises
542 Prescribed standards for school premises.
543 Relaxation of prescribed standards in special cases.
544 Approval etc. of school premises and boarding hostels.
545 Exemption from building byelaws of approved buildings.
Control of potentially harmful materials and apparatus
546 Control of potentially harmful materials and apparatus in schools.
Nuisance or disturbance on school premises
547 Nuisance or disturbance on school premises.
Chapter II PUNISHMENT AND RESTRAINT OF PUPILS
Corporal punishment
548 No right to give corporal punishment.
549 Interpretation of section 548.
550No avoidance of section 548 by refusing admission to school
Power to restrain pupils
550A Power of members of staff to restrain pupils.
Powers to search pupils
550ZAPower of members of staff to search pupils for prohibited items: England
550ZBPower of search under section 550ZA: supplementary
550ZCPower to seize items found during search under section 550ZA
550ZDSection 550ZC: supplementary
550AAPower of members of staff to search pupils for weapons : Wales
Detention
550B Detention outside school hours lawful despite absence of parental consent.
Chapter III Other provisions about schools
Duration of school day etc.
551 Regulations as to duration of school day etc.
Single-sex schools
552 Transitional exemption orders for purposes of Sex Discrimination Act 1975.
Educational trusts
553 Schemes under the Endowed Schools Acts.
Religious educational trusts
554 Power to make new provision as to use of endowments.
555 Procedure applicable to orders under section 554.
556 Content of orders under section 554.
557 Adoption of statutory trusts.
Chapter IV Employment of children and young persons
558 Meaning of “child” for purposes of enactments relating to employment of children or young persons.
559 Power of local authorities to prohibit or restrict employment of children.
560 Work experience in last year of compulsory schooling.
560AWork experience for persons over compulsory school age: England
Chapter V Persons not covered by Act
561 Act not to apply to persons in service of the Crown.
562 Act not to apply to certain persons detained under order of a court.
Chapter 5APersons detained in youth accommodation
Provisions applying to detained persons
562AApplication of Act to detained persons
562BDuty to take steps to promote fulfilment of potential
562CDetained persons with statement of special educational needs
562DAppropriate special educational provision: arrangements between local authorities
562ELiteracy and numeracy assessments
562FProvision of information about detained persons
562GInformation to be provided where statement of special educational needs previously maintained
562HRelease of detained person appearing to host authority to require assessment
562IGuidance
562JInterpretation of Chapter
Chapter VI General
Documents and evidence
563 Educational records.
564 Certificates of birth and registrars’ returns.
565 Evidence: presumption as to age.
566 Evidence: documents.
Stamp duty
567 Stamp duty.
Orders, regulations and directions
568 Orders.
569 Regulations.
569ARegulations made by Welsh Ministers under Chapter 5A
570 Revocation and variation of certain orders and directions.
Guidance
571 Publication of guidance.
Service of documents
572 Service of notices and other documents.
Construction
573 Meaning of expressions relating to alteration etc. of premises or character of schools.
574 Changes to school not amounting to discontinuance etc.
575 Meaning, for certain purposes, of expressions relating to employment.
576 Meaning of “parent”.
577 Minor authorities.
578 Meaning of “the Education Acts”.
579 General interpretation.
580 Index.
Final provisions
581 Application to Isles of Scilly.
582 Consequential amendments, repeals, transitional provisions etc.
583 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Pupil referral units
General adaptations of enactments
1References in any enactment to the proprietor or governing body...
2References in any enactment to the head teacher of a...
Modifications of enactments by regulations
3Regulations may provide for any enactments relating to schools maintained...
3ARegulations may also— (a) require a local authority in England...
Registration
4(1) A person who is registered as a pupil at...
Application of Local Government Act 1986
5A pupil referral unit is a maintained school for the...
Curriculum
6(1) In relation to every pupil referral unit, the local...
Discipline
7The teacher in charge of a pupil referral unit may...
Sex education, political indoctrination and political issues
8Sections 403, 406 and 407 (sex education, political indoctrination, and...
Charges
9(1) Chapter III of Part VI applies in relation to...
Application of Environmental Protection Act 1990
10A pupil referral unit is an educational institution for the...
Information
11Each local authority shall— (a) on such occasions, and
Disapplication of Schedule 4
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children with special educational needs
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
School attendance orders
14(1) Where a pupil referral unit is named in a...
Management committees
15(1) Regulations may make provision— (a) for requiring any local...
SCHEDULE 2
Status
1A funding authority shall not be regarded as the servant...
Powers
2(1) Subject to sub-paragraph (2) below, a funding authority may...
3(1) The Secretary of State may authorise a funding authority...
Tenure of members
4(1) A person shall hold and vacate office as a...
5If the Secretary of State is satisfied that a member...
Salaries, allowances and pensions
6(1) A funding authority— (a) shall pay to their members...
Staff
7(1) A funding authority may, with the approval of the...
Chief officer
8(1) One of the employees of a funding authority shall...
Superannuation of employees
9(1) Employment with a funding authority shall continue to be...
Committees
10(1) A funding authority may establish a committee for any...
Delegation of functions
11A funding authority may authorise the chairman, the chief officer...
Proceedings
12Without prejudice to any other rights the Secretary of State...
13The validity of any proceedings of a funding authority or...
14Subject to the preceding provisions of this Schedule, a funding...
Accounts
15(1) A funding authority shall— (a) keep proper accounts and...
Application of seal and proof of instruments
16The application of the seal of a funding authority shall...
17Any document purporting to be an instrument made or issued...
SCHEDULE 3
Functions relating to grant-maintained schools
1(1) The Secretary of State may by order provide for...
Functions under agreements relating to CTCs and CCTAs
2(1) The Secretary of State may by order provide—
Functions in respect of grants for certain expenditure due to ethnic minority population
3(1) The Secretary of State may by order impose on...
SCHEDULE 4
Part I Introductory
1(1) Where an order under section 27 is in force,...
Part II Functions where responsibility for providing sufficient school places is shared
Introductory
2If an order under section 27(1)(a) applies to the area...
Responsibility for providing sufficient school places
3(1) If the schools providing relevant education which are available...
Part III Functions where responsibility for providing sufficient school places is transferred
Introductory
4If an order under section 27(1)(b) applies to the area...
Responsibility for providing sufficient school places
5(1) The duty under section 14(1) shall be discharged by...
6(1) The local education authority may continue to secure the...
Powers to establish, maintain and alter schools
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charges for board and lodging or independent education
9(1) Sub-paragraph (3) below applies where— (a) any pupil of...
10(1) This paragraph applies where any pupil ordinarily resident in...
11(1) Where a pupil in the area for whom a...
12(1) Where a pupil in the area for whom a...
General
13(1) The following provisions shall not apply—
14(1) Section 438 shall have effect as if for subsection...
Part IV Functions where responsibility either shared or transferred
Introductory
15If an order under section 27(1)(a) or (b) applies to...
Responsibility for providing sufficient school places
16In relation to any power under section 211 to publish...
17(1) Where relevant education is only primary education—
18The funding authority shall not by virtue of paragraph 3...
Boarding schools
19The powers of the funding authority to publish proposals under...
Other modifications of this Act
20Section 259 shall have effect as if the funding authority...
21Section 267 shall have effect as if—
22Section 272 shall have effect as if—
23Section 426(4) shall have effect as if the reference to...
SCHEDULE 5
Preservation of special agreements
1Any special agreement in force immediately before the commencement of...
Variation of special agreements
2(1) A special agreement may be varied by a further...
The grant requirements
3(1) A special agreement shall provide for the making of...
Religious education
4(1) A special agreement may provide— (a) for the giving...
Repayment of grants
5Any grant made in respect of a school in pursuance...
Modification of obligations with respect to repairs and alterations
6Where a special agreement is in force in relation to...
SCHEDULE 6
1In connection with proposals by a local education authority under...
2Such an agreement shall not take effect unless it has...
3The Secretary of State shall not approve such an agreement...
4Before approving an agreement under this Schedule, the Secretary of...
5An agreement under this Schedule— (a) may provide for the...
6Where an agreement under this Schedule has been approved by...
7Where a person other than the governing body has a...
8In this Schedule “premises” includes a teacher’s dwelling-house.
SCHEDULE 7
Name and seal of incorporated body
1(1) A governing body incorporated under section 88(1) shall be...
Powers of incorporated body
2(1) A governing body incorporated under section 88(1) may do...
Property, rights and liabilities
3On the incorporation under section 88(1) of a governing body...
4On the incorporation under section 88(1) of a governing body...
Contracts of employment
5Without prejudice to the generality of paragraphs 3 and 4,...
Dissolution and discontinuance
6(1) A governing body incorporated under section 88(1) are dissolved...
7(1) Where such a governing body are to be dissolved...
8(1) This paragraph applies where such a governing body dissolved...
9(1) This paragraph applies in relation to the governing body...
10For the purposes of this Schedule, references to the discontinuance...
Supplementary provisions about transfers
11Where a transfer under this Schedule relates to registered land,...
12Paragraphs 6 to 8 of Schedule 1.0 to the Education...
SCHEDULE 8
Introductory
1In this Schedule, except where a school of a particular...
Co-option or other appointment of governors
2(1) Subject to sub-paragraph (2), where the instrument of government...
3If— (a) the instrument of government for a school provides...
4The instrument of government for a voluntary school shall name...
Ex officio governors
5If a school has more than one head teacher (whether...
6The instrument of government for a voluntary school may provide...
Election of governors
7(1) In this paragraph “the appropriate authority”—
Qualifications of governors and tenure of office
8No person shall be qualified for membership of a governing...
9No person shall at any time hold more than one...
10(1) Regulations may make provision as to the circumstances in...
11(1) The instrument of government for a county, controlled or...
12Any governor of a school may at any time resign...
13(1) Any governor of a school who was appointed otherwise...
Meetings and proceedings
14The proceedings of a governing body of a school shall...
15(1) Regulations may make provision (including provision modifying the effect...
16(1) No decision of a kind mentioned in sub-paragraph (2)...
Information as to meetings and proceedings
17The minutes of the proceedings of the governing body of...
18(1) Regulations may require the governing body of a school...
Travelling and subsistence allowances
19Section 519 makes provision for a local education authority to...
Information and training for governors
20(1) The local education authority shall secure that every governor...
Conflict between instrument of government and regulations
21Any provision made by an instrument of government by virtue...
SCHEDULE 9
Preliminary
1In this Schedule— “arrangement” means an arrangement made under section...
Constitution of temporary governing bodies
2(1) Subject to the following provisions of this Schedule, a...
3(1) A local education authority shall not make an arrangement...
Appointment of temporary governors
4The temporary parent governors of a new school shall, subject...
5The temporary teacher governors of a new school shall, subject...
6(1) Where— (a) two or more schools have been, or...
7(1) No person shall be appointed under paragraph 4 or...
8(1) Where any person, other than a prospective sponsor, appoints...
9(1) Subject to sub-paragraph (2), where temporary governors are required...
10If— (a) a temporary governor is to be appointed by...
Qualifications of temporary governors and tenure of office
11No person shall be qualified for membership of a temporary...
12(1) No person shall at any time hold more than...
13Regulations may make provision as to the circumstances in which...
14A member of a temporary governing body may at any...
Meetings and proceedings
15(1) The proceedings of a temporary governing body shall not...
16Regulations may make provision in relation to temporary governing bodies...
17(1) Subject to sub-paragraph (2), the first meeting of a...
Information as to meetings and proceedings
18The minutes of the proceedings of a temporary governing body...
Travelling and subsistence allowances.
19Section 519 (allowances for governors) shall apply in relation to...
Expenses of temporary governing bodies
20Where a temporary governing body are constituted for a new...
Information for temporary governing bodies
21A local education authority shall secure that the temporary governing...
Powers of the Secretary of State
22For the purposes of the following provisions—
SCHEDULE 10
Time limit for constitution of governing body
1The local education authority shall secure that the governing body...
Status of temporary governing body pending constitution of governing body
2Where the requirement for there to be an instrument of...
Role of temporary governing body as regards constitution of governing body
3(1) Before making an order under section 76 as to...
4(1) A temporary governing body shall recommend (with reasons) persons...
Initial constitution of governing body
5(1) When the requirement for there to be an instrument...
Information about temporary governing body for successors
6(1) Immediately before the arrangement under which a temporary governing...
SCHEDULE 11 Contents of statements under section 122(2) and section 124(1)
Part I Statements under section 122(2)
1(1) This Part of this Schedule applies to any statement...
2The statement shall contain the following particulars in respect of...
3(1) The statement shall also contain, with respect to each...
4The statement shall contain such further information in respect of...
Part II Statements under section 124(1)
5(1) A statement prepared by a local authority under section...
6(1) The statement shall also give, in relation to each...
7The statement shall contain such further information in respect of...
8Where only one school is required to be covered by...
SCHEDULE 12 Financial delegation and new schools
Preliminary
1In this Schedule “temporary governing body” does not include a...
New county and voluntary schools
2(1) For the purposes of applying (in accordance with this...
3(1) A new school which will be a county or...
4(1) Where a school required to be covered by a...
5The delegation requirement under a scheme shall not apply in...
6Section 110 shall have effect, in relation to a new...
7Section 122(7) shall not apply in relation to the temporary...
New special schools
8(1) Any reference— (a) in section 120, to maintained special...
9Section 124(8) shall not apply in relation to the temporary...
Financial delegation apart from schemes
10Section 125 shall not apply in relation to a new...
SCHEDULE 13 Staffing of county, controlled, special agreement and maintained special schools
The selection panel
1(1) The articles of government for a county, controlled, special...
2Regulations may make provision as to the meetings and proceedings...
Appointment of head teacher
3(1) The articles of government for a county, controlled, special...
Appointment of deputy head teacher
4(1) The articles of government for a county, controlled, special...
Appointment of other staff: general
5(1) The articles of government for a county, controlled, special...
Appointment of other staff: vacancy advertised
6(1) The articles of government for any school to which...
Appointment of other staff: vacancy not advertised
7(1) The articles of government for any school to which...
Delegation of functions under paragraph 6 or 7
8(1) The articles of government for any school to which...
Restriction on making appointment where vacancy advertised
9Where a local authority have advertised a vacancy in accordance...
Consultation by local authority before appointing certain non-teaching staff
10The articles of government for a county, controlled, special agreement...
Dismissal etc. of staff
11(1) The articles of government for a county, controlled, special...
SCHEDULE 14
Introductory
1(1) In this Schedule “the school” means a county, controlled...
Appointment of head teacher and deputy head teacher
2Paragraphs 3 to 7 apply in relation to an appointment...
3The governing body shall notify the local education authority of...
4(1) Where the vacancy is in the post of head...
5Before recommending a person for appointment as head teacher or...
6(1) The governing body shall appoint a selection panel consisting...
7(1) The local education authority shall appoint the person recommended...
Appointment of other teachers
8Subject to paragraph 9, paragraphs 10 to 14 apply in...
9(1) Paragraphs 10 to 14 do not apply in relation...
10Before 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...
15The governing body may, in relation to the filling of...
Advice of chief education officer on appointments of teachers
16(1) The chief education officer of the local education authority...
Advice of head teacher on appointments of teachers
17Except in relation to the appointment of a head teacher—...
Appointment of non-teaching staff
18(1) Where the governing body wish to appoint a person...
19(1) The local education authority shall appoint a person recommended...
The clerk to the governing body
20(1) Where there is a vacancy in the office of...
Discipline
21(1) The regulation of conduct and discipline in relation to...
Suspension
22(1) Both the governing body and the head teacher shall...
Dismissal, etc.
23(1) Where the governing body determine— (a) that any person...
24(1) Where paragraph 23(3) applies, no part of the costs...
25(1) The governing body shall— (a) make arrangements for giving...
26(1) The head teacher (except where he is the person...
27(1) The local education authority shall not dismiss a person...
School meals staff
28Nothing in paragraphs 18, 19 and 21 to 27 applies...
SCHEDULE 15
Part I County, controlled and maintained special schools
Preliminary
1The articles of government for a county, controlled or maintained...
Reinstatement of permanently excluded pupils
2(1) Where the local education authority have been informed of...
3(1) The head teacher shall comply with any direction for...
4Where the governing body direct the head teacher to reinstate...
Reinstatement of pupils excluded for a fixed period
5(1) Where a pupil is excluded from the school for...
6(1) Where the local education authority— (a) have been informed...
7Where the governing body give any such direction as is...
Part II Aided and special agreement schools
Preliminary
8The articles of government for an aided or a special...
Reinstatement of permanently excluded pupils
9(1) Where the governing body have been informed of the...
10The head teacher shall comply with any direction for the...
Reinstatement of pupils excluded for a fixed period
11(1) Where a pupil is excluded from the school for...
12(1) Before giving any such direction as is mentioned in...
13Where the governing body give any such direction as is...
Part III General
Power to prescribe periods for the taking of any required steps
14Regulations may provide that, where a local education authority or...
Meaning of “the relevant person”
15In this Schedule “the relevant person” means—
SCHEDULE 16
Duty to inform parent or pupil of right of appeal
1(1) The articles of government for a county, controlled or...
Suspension of direction for reinstatement pending appeal etc.
2(1) A direction for the reinstatement of a pupil given...
Time limits and notices waiving right to appeal
3(1) No appeal under section 159(1)(a) or (2) against a...
Appeal committees
4(1) Part I of Schedule 33 (school admission appeals) shall...
Procedure on an appeal
5In the following provisions of this Schedule— “appeal” means an...
6An appeal shall be by notice in writing setting out...
7The appeal committee shall meet to consider an appeal—
7A(1) For the purpose of fixing the time (falling within...
8(1) On an appeal by a pupil or parent the...
9(1) On an appeal by a governing body the appeal...
10(1) The body responsible for making any arrangements under section...
11(1) Appeals shall be heard in private except when the...
12Two or more appeals may be combined and dealt with...
12A(1) In deciding— (a) whether the pupil in question should...
13In the event of a disagreement between the members of...
14The decision of an appeal committee and the grounds on...
15(1) Subject to paragraphs 6 to 14, all matters relating...
Notices
16(1) Where in accordance with paragraph 1(1) or (2) notice...
Meaning of “the relevant person”
17In this Schedule “the relevant person” means—
Power of Secretary of State to make amendments
18The Secretary of State may by order amend the preceding...
SCHEDULE 17 Governors’ annual reports
General
1(1) The articles of government for a county, voluntary or...
2The report shall be as brief as is reasonably consistent...
Requirements as to contents
3Where there is an obligation on the governing body (by...
4The report shall— (a) give the name of each governor...
5The report shall give such information as is available to...
6The report shall contain a financial statement—
7The report shall give such information about—
7AThe report shall give the information about public examinations and...
8The report shall describe what steps have been taken by...
9The report shall draw attention to the information made available...
9AThe report shall summarise, where the school is in England,...
9BThe report shall give, where the school is in Wales,...
9CThe report shall describe in general terms—
9DThe report shall indicate in relation to the period since...
9EThe report shall give the dates of the beginning and...
9FThe report shall summarise any changes to information contained in...
Power of Secretary of State to make amendments
10The Secretary of State may by order amend the preceding...
SCHEDULE 18 Annual parents’ meetings
Proceedings at an annual parents’ meeting
1The articles of government for a county, voluntary or maintained...
2(1) The articles of government for a county, voluntary or...
3No person who is not a parent of a registered...
Consideration of resolutions passed at an annual parents’ meeting
4(1) The articles of government for a county, voluntary or...
Determination of question whether person is to be treated as pupil’s parent
5(1) The articles of government for a county, controlled or...
SCHEDULE 19 Conduct and staffing of new county, voluntary and maintained special schools
Part I General
Articles of government for new schools
1(1) The requirement for there to be articles of government...
2Section 129(2) (amendment of articles) shall not apply in relation...
Conduct of new schools: general
3The determination of those matters relating to the conduct of...
4Regulations may make in relation to consultation with temporary governing...
Part II Staffing of new schools: financial delegation not proposed
Staffing of new county, controlled or maintained special schools
5Subject 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...
12Subject to paragraph 19(4), a local authority shall, in discharging...
Staffing of new aided schools
13Subject to paragraph 19(5), paragraphs 14 to 16 apply in...
14Subject to paragraph 15(1), the local authority and the temporary...
15(1) The first appointment of a clerk to the temporary...
16(1) The local authority shall, with a view to enabling...
Expenditure on staff for new schools
17Where a temporary governing body are constituted for a new...
Part III Staffing of new schools: financial delegation proposed
Adaptation of references
18For the purposes of the application (in accordance with paragraphs...
Application or otherwise of provisions about staffing
19(1) Subject to paragraphs 20 to 24, section 136 or...
20Sections 136, 137 and 138 and Schedule 14 (staffing of...
21In the case of a new school which is a...
22Section 139(2) and (5) (payments in respect of dismissal) shall...
23Any provision included in a scheme by virtue of subsection...
24(1) Section 141 (amendment of articles) shall not apply in...
Part IV Other matters relating to conduct etc. of new schools
Preparation of curriculum
25(1) The head teacher of a new school for which...
School terms, holidays and sessions
26(1) Pending the coming into force of the articles of...
Discipline
27Pending the coming into force of the articles of government...
Reports and information
28(1) A temporary governing body shall provide the local authority...
Consultation on expenditure by local authority
29(1) Where a temporary governing body have been constituted for...
SCHEDULE 20
Part I Proposals for acquisition of grant-maintained status
Publication of proposals and notice
1(1) Where proposals are required to be published under section...
Statement to be annexed to proposals
2(1) There shall be annexed to any proposals published under...
Statement to accompany published proposals
3Any proposals published under section 193 shall be accompanied by...
Details of proposals
4(1) Any proposals published under section 193 shall—
Objections to proposals
5Within the period of two months beginning with the date...
Interpretation
6(1) For the purposes of this Part of this Schedule,...
Part II Proposals for establishment of new grant-maintained school
Content of proposals
7(1) Proposals published under section 211 or 212 shall—
Statement to be annexed to proposals
8There shall be annexed to any proposals published under section...
Statement to accompany published proposals
9Any proposals published under section 211 or 212 shall be...
Objections
10(1) Within the period of two months beginning with the...
11Within the period of two months beginning with the date...
Approval of school premises
12(1) Where proposals for the establishment of a new grant-maintained...
SCHEDULE 21
Introductory
1The functions conferred by or under paragraphs 2 to 5...
Powers to contract, etc.
2The new governing body may— (a) enter into contracts including,...
Access to school
3Any member of, or person authorised by, the new governing...
Information
4(1) If the new governing body request the existing governing...
General powers of Secretary of State
5(1) The Secretary of State may by order make such...
Grants to new governing body
6(1) The funding authority may make grants to the new...
Liability for expenses of new governing body
7The duty of a local education authority to maintain any...
SCHEDULE 22 Governing bodies of grant-maintained schools
Introductory
1In this Schedule— “school” means a grant-maintained school, and “instrument”,...
Election of governors
2The instrument for a school may make provision—
Disqualification for, tenure of and removal from office
3A person who is a member of the teaching or...
4The instrument for a school may make provision as to...
5Subject to paragraph 10, the instrument for a school must...
6(1) Subject to paragraph 10, the instrument for a school...
7No provision made in the instrument by virtue of paragraph...
8The instrument for a school must provide that any member...
9(1) The instrument for a school must provide that any...
Initial appointments: terms of office
10(1) The instrument for a school must, until every initial...
Meetings and proceedings
11The proceedings of the governing body of a school shall...
12Subject to the provisions of Chapter V of Part III...
13(1) The instrument for a school may make provision as...
Information as to meetings and proceedings
14(1) Regulations may require the governing body of a school...
Allowances for governors
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seal etc.
16(1) The application of the seal of the governing body...
SCHEDULE 23 Content of articles of government for grant-maintained schools
Introductory
1In this Schedule— “school” means a grant-maintained school, and “articles”,...
Performance and delegation of functions
2(1) The articles must make provision as to the functions...
Staff
3(1) The articles must include provision as to—
Curriculum
4(1) The articles must include provision for securing the discharge...
Admission arrangements
5(1) The articles must— (a) provide for the governing body...
Appeals relating to admission and exclusion of pupils
6(1) The articles must include provision as to the arrangements...
Annual reports
7(1) The articles must require the governing body to prepare...
Annual parents’ meetings
8(1) The articles must require the governing body, subject to...
SCHEDULE 24 Categories of governors
Part I Introductory
Application
1(1) This Schedule applies, in relation to the governing body...
General interpretation
2References to an initial governor are to any person who...
3References to a governor of an elected category are to...
4In relation to any proposals for acquisition of grant-maintained status...
Part II Initial governors
Parent governors
5(1) In relation to a governing body to be incorporated...
Teacher governors
6(1) In relation to a governing body to be incorporated...
First governors
7(1) In relation to a governing body to be incorporated...
Foundation governors
8(1) In relation to a governing body to be incorporated...
Sponsor governors
9In relation to a governing body to be incorporated under...
Part III Governors other than initial governors
Parent governors
10(1) “Parent governor” means a person who—
Teacher governors
11(1) “Teacher governor” means a person who—
First governors
12“First governor” means— (a) a person appointed by the governing...
Foundation governors
13“Foundation governor” means a person who— (a) is appointed otherwise...
Sponsor governors
14“Sponsor governor” means— (a) a person appointed by a person...
SCHEDULE 25 Core governors for groups
Introductory
1The provision made for core governors in the instrument of...
Kinds of core governor
2(1) Core governors may be either— (a) appointed by the...
Groups consisting only of former voluntary schools or section 212 schools
3(1) This paragraph applies in the case of such a...
Other groups
4(1) This paragraph applies in the case of a group...
Schedule 25A Appeals against exclusion of pupils from grant-maintained schools
Introductory
1In this Schedule— “ appeal ” means an appeal mentioned...
Procedure on appeal
2An appeal shall be by notice in writing setting out...
3(1) Subject to sub-paragraph (2), the appeal committee shall meet...
4(1) For the purpose of fixing the time (falling within...
5(1) The appeal committee shall give the relevant person an...
6An appeal shall be held in private except when otherwise...
7Two or more appeals may be combined and dealt with...
8(1) In deciding whether the pupil in question should be...
9In the event of a disagreement between the members of...
10Subject to paragraph 11, the decision of the appeal committee...
11Where the governing body extend the period for the consideration...
12Subject to paragraphs 2 to 11, all matters relating to...
13(1) Subject to sub-paragraph (2), where joint arrangements for appeals...
Power of Secretary of State to make amendments
14The Secretary of State may by order amend the preceding...
SCHEDULE 26 Making of assessments under section 323
Introductory
1In this Schedule “assessment” means an assessment of a child’s...
Medical and other advice
2(1) Regulations shall make provision as to the advice which...
Manner, and timing, of assessments, etc.
3(1) Regulations may make provision— (a) as to the manner...
Attendance at examinations
4(1) Where a local authority are considering whether to make...
Offence
5(1) Any parent who fails without reasonable excuse to comply...
SCHEDULE 27 Making and maintenance of statements under section 324
Introductory
1In this Schedule— “ amendment notice ” has the meaning...
Copy of proposed statement
2(1) Before making a statement, a local authority shall serve...
2AAmendments to a statement
2BProvision of additional information
Choice of school
3(1) Every local authority shall make arrangements for enabling a...
3AConsultation on specifying name of school in statement
Representations
4(1) A parent on whom a copy of a proposed...
Making the statement
5(1) Where representations are made to a local authority under...
Service of statement
6(1) Where a local authority make or amend a statement...
Keeping, disclosure and transfer of statements
7(1) Regulations may make provision as to the keeping and...
Change of named school
8(1) Sub-paragraph (2) applies where— (a) the parent of a...
Procedure for amending or ceasing to maintain a statement
9(1) A local authority may not . . . cease...
10. . . . . . . . . ....
11(1) A local authority may cease to maintain a statement...
SCHEDULE 28
Constitution of governing body and conduct of school
1(1) For every governing body of a grant-maintained special school...
Initial instruments and articles of government
2(1) The initial instrument of government for the governing body...
Subsequent instruments of government
3(1) The Secretary of State may— (a) if the governing...
Subsequent articles of government
4(1) The governing body of a grant-maintained special school may,...
Parent governors
5(1) The instrument of government for the governing body of...
Teacher governors
6(1) The instrument of government for the governing body of...
Head teacher
7The instrument of government for the governing body of a...
First governors
8(1) The instrument of government for the governing body of...
Power of Secretary of State to replace first governors
9(1) The instrument of government for the governing body of...
Sponsor governors
10The instrument of government for the governing body of a...
Additional governors
11(1) The instrument of government for the governing body of...
Powers
12Section 231 of this Act shall have effect in relation...
Transitory provisions
13Regulations may modify the provisions of paragraphs 5 to 12...
General application of enactments
14In relation to any governing body incorporated in pursuance of...
15Each of sections 306A (responsibility for discipline) and 307 (exclusion...
16Section 307A and Schedule 25A (exclusion appeals) apply in relation...
SCHEDULE 29
Status
1The Authority shall not be regarded as a servant or...
Powers
2(1) The Authority may do anything which is calculated to...
3(1) The Authority may also give to any person or...
Chief officer
4The Authority shall have a chief officer who shall be...
Chairman and chief officer: division of functions
5(1) The Secretary of State may, on appointing a person...
Tenure of office
6(1) A person shall hold and vacate office as a...
7The Secretary of State may, if satisfied that a member...
8If the chairman or deputy chairman of the Authority ceases...
Payments to members
9(1) The Authority shall pay to their members such salaries...
Staff
10Subject to the approval of the Secretary of State, given...
11(1) Employment with the Authority shall continue to be included...
Finance
12(1) The Secretary of State may make grants to the...
Committees
13(1) The Authority may establish a committee for any purpose....
Delegation of functions
14The Authority may authorise the chairman, the deputy chairman, the...
Proceedings
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...
18The validity of the Authority’s proceedings shall not be affected...
19Subject to the preceding provisions of this Schedule, the Authority...
Accounts
20(1) The Authority shall— (a) keep proper accounts and proper...
Documents
21The application of the seal of the Authority shall be...
22Any document purporting to be an instrument made or issued...
SCHEDULE 30
Status
1The Authority shall not be regarded as a servant or...
Powers
2(1) The Authority may do anything which is calculated to...
3(1) The Authority may also give to any person or...
Chief officer
4(1) The Authority shall have a chief officer who shall...
Tenure of office
5(1) A person shall hold and vacate office as a...
6The Secretary of State may, if satisfied that a member...
7If the chairman or deputy chairman of the Authority ceases...
Payments to members
8(1) The Authority shall pay to their members such salaries...
Staff
9Subject to the approval of the Secretary of State, given...
10(1) Employment with the Authority shall continue to be included...
Finance
11(1) The Secretary of State may make grants to the...
Committees
12(1) The Authority may establish a committee for any purpose....
Delegation of functions
13The Authority may authorise the chairman, the deputy chairman, the...
Proceedings
14(1) The chairman of the School Curriculum and Assessment Authority,...
15The validity of the Authority’s proceedings shall not be affected...
16Subject to the preceding provisions of this Schedule, the Authority...
Accounts
17(1) The Authority shall— (a) keep proper accounts and proper...
Documents
18The application of the Authority’s seal shall be authenticated by...
19Any document purporting to be an instrument made or issued...
SCHEDULE 31 Agreed syllabuses of religious education
Duty to convene conference to reconsider agreed syllabus
1(1) Where the agreed syllabus for the time being adopted...
2(1) A local authority shall from time to time cause...
3On receipt by a local authority of written notification of...
Constitution of conference
4(1) A conference convened under this Schedule shall consist of...
5Any sub-committees appointed by the conference shall each include at...
6On any question to be decided by the conference or...
7(1) Before appointing a person to represent any religion, denomination...
8A person appointed as a member of a committee—
9Where a person resigns or is withdrawn from a committee,...
Reconsideration of agreed syllabus
10(1) This paragraph applies where a local authority cause a...
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preparation of new syllabus by appointed body
12(1) Where required by paragraph 10 to proceed in accordance...
13(1) The appointed body shall— (a) give the local authority,...
14The syllabus prepared by the appointed body shall be deemed...
Special provisions applicable where order under section 27(1)(b) applies
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 32
Proposals for reduction of standard number
1Where the admission authority for a county or voluntary school...
2The published proposals shall be accompanied by a statement explaining...
3(1) Where the local education authority are the admission authority,...
4Where the governing body are the admission authority, objections to...
Order of Secretary of State
5(1) Subject to sub-paragraph (2), where an application is made...
Consultation before making application
6(1) Where the local education authority are the admission authority...
References to date of publication of proposals
7(1) References in this Schedule, in relation to proposals under...
SCHEDULE 33
Part I Constitution of appeal committees
Appeal arrangements made by local education authorities
1(1) An appeal pursuant to arrangements made by a local...
Appeal arrangements made by governing bodies
2(1) An appeal pursuant to arrangements made by the governing...
3Where (by virtue of section 423(3)) joint arrangements are made...
4An appeal committee constituted in accordance with paragraph 2 (or...
Lay members
5(1) A person is eligible to be a lay member...
6The Secretary of State may by regulations require any local...
Indemnity
7Any local education authority or governing body required to make...
Part II Procedure
8In this Part “appeal” means an appeal pursuant to any...
9An appeal shall be by notice in writing setting out...
10An appeal committee shall give the appellant an opportunity of...
11The matters to be taken into account by an appeal...
12(1) Appeals shall be heard in private except when the...
13In the event of a disagreement between the members of...
14The decision of an appeal committee and the grounds on...
15(1) Subject to paragraphs 9 to 14, all matters relating...
Schedule 33A
Duty to notify governing body of decision to admit child
1Where any such decision as is mentioned in section 423A(2)...
Time limit on appealing
2An appeal by the governing body against any such decision...
Appeal committees
3(1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1,...
Procedure on an appeal
4In the following provisions of this Schedule— “appeal” means an...
5An appeal shall be by notice in writing setting out...
6The appeal committee shall meet to consider an appeal—
7On an appeal the committee shall allow—
8In considering an appeal the appeal committee shall have regard...
9Appeals shall be heard in private except when otherwise directed...
10Two or more appeals may be combined and dealt with...
11In the event of a disagreement between the members of...
12The decision of an appeal committee and the grounds on...
13(1) Subject to paragraphs 5 to 12, all matters relating...
Power of Secretary of State to make amendments
14The Secretary of State may by order amend the preceding...
Schedule 33B
Home-school partnership documents
1(1) The admission arrangements for a grant-maintained school may include...
Effect of home-school partnership document
2(1) This paragraph applies where the admission arrangements for a...
Restriction of right to refuse admission to partially-selective school
3(1) An application for the admission of a child to...
No requirement to admit children permanently excluded from two or more schools
4(1) The governing body of a grant-maintained school shall not...
SCHEDULE 34 Independent Schools Tribunals
...
Independent Schools Tribunals
Independent Schools Tribunals
Independent Schools Tribunals
Independent Schools Tribunals
Independent Schools Tribunals
SCHEDULE 35
1(1) A participation agreement shall provide that it may be...
2The proprietors of the school may terminate a participation agreement...
3Subject to paragraph 4, the Secretary of State may terminate...
4(1) If in the case of a participation agreement the...
5A notice of termination given under paragraph 3 or 4...
6The termination of a participation agreement shall not affect the...
SCHEDULE 35AAcademies: land
1Transfer schemes
2Restriction on disposal
3(1) This paragraph applies if an authority makes a disposal...
4(1) For the purposes of paragraphs 2 and 3—
5Restriction on appropriation
6(1) This paragraph applies if an authority makes an appropriation...
7Duty to inform
8Former Academies
9Disapplication of rule against perpetuities
10Other Acts
11Regulations
12Class consents
13Interpretation
SCHEDULE 35BMeaning of “eligible child” for purposes of section 508B
1For the purposes of section 508B (travel arrangements for eligible...
Children with special educational needs, a disability or mobility problems
2A child falls within this paragraph if—
3A child falls within this paragraph if—
Children who cannot reasonably be expected to walk because of nature of routes
4A child falls within this paragraph if—
5A child falls within this paragraph if—
Children outside walking distance where no suitable alternative arrangements made
6A child falls within this paragraph if—
7A child falls within this paragraph if—
8(1) Where— (a) a child of compulsory school age has...
Children entitled to free school meals etc
9A child falls within this paragraph if—
10A child falls within this paragraph if—
11A child falls within this paragraph if—
12A child falls within this paragraph if—
13A child falls within this paragraph if—
14(1) For the purposes of paragraphs 9 to 13, the...
Meaning of “qualifying school” etc
15(1) The definitions in sub-paragraphs (2) to (5) apply for...
SCHEDULE 35CSchool Travel Schemes
Power to make scheme
1(1) A local authority in England may make a school...
Arrangements to be included in scheme
2(1) A school travel scheme must set out (in general...
Travel arrangements for “eligible children”
3(1) A school travel scheme must require that, in the...
4(1) For the purposes of paragraph 3, an “eligible child”...
Charges
5(1) A school travel scheme must set out the policy...
6(1) For the purposes of paragraph 5, a “protected child”...
7(1) For the purposes of paragraph 5(3), a child falls...
8Any sum payable in respect of a charge for anything...
9(1) This paragraph applies if a school travel scheme will...
Commencement of scheme
10(1) A school travel scheme is not to come into...
Amendment or revocation of scheme
11(1) The scheme authority may amend or revoke a school...
Provision of information
12(1) The scheme authority must— (a) make such reports and...
Guidance
13(1) The Secretary of State must issue, and may from...
Interpretation
14In this Schedule— “ disabled child ” means a child...
SCHEDULE 36 Uniform statutory trusts for educational endowments
1The trustees may, after payment of any expenses incurred in...
2The trustees may also, after payment of any expenses incurred...
SCHEDULE 36AEducation functions
1Functions conferred on a local authority under the Education Acts...
2Functions conferred on a local authority under the enactments specified...
SCHEDULE 37 Consequential amendments
Part I Amendments coming into force on 1st November 1996
Children and Young Persons Act 1933 (c. 12)
1Section 96 of the Children and Young Persons Act 1933...
Public Records Act 1958 (c. 51)
2In Schedule 1 to the Public Records Act 1958 (definition...
Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)
3In section 2(1) of the Church Schools (Assistance by Church...
Education Act 1962 (c. 12)
4(1) Section 1 of the Education Act 1962 (local authority...
5In section 3(c)(i) of that Act (awards by Secretary of...
6For section 14(4) of that Act there is substituted—
7In paragraph 2 of Schedule 1 to that Act (ordinary...
London Government Act 1963 (c. 33)
8In section 30(1) of the London Government Act 1963 (local...
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1963 (c. 37)
10In section 37(3) of the Children and Young Persons Act...
11In section 38 of that Act (restriction on licences for...
Veterinary Surgeons Act 1966 (c. 36)
12In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions...
Education Act 1967 (c. 3)
13In section 6(2) of the Education Act 1967 (construction as...
Public Expenditure and Receipts Act 1968 (c. 14)
14In Schedule 3 to the Public Expenditure and Receipts Act...
Children and Young Persons Act 1969 (c. 54)
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Authorities (Goods and Services) Act 1970 (c. 39)
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Authority Social Services Act 1970 (c. 42)
18In Schedule 1 to the Local Authority Social Services Act...
Chronically Sick and Disabled Persons Act 1970 (c. 44)
19In section 8(2) of the Chronically Sick and Disabled Persons...
Pensions (Increase) Act 1971 (c. 56)
20In Part II of Schedule 2 to the Pensions (Increase)...
Superannuation Act 1972 (c. 11)
21(1) Schedule 1 to the Superannuation Act 1972 shall continue—...
Local Government Act 1972 (c. 70)
22(1) Section 104(2)(a) of the Local Government Act 1972 (teachers...
23In section 112(4)(b) of that Act (appointment of staff) for...
24In section 139(4) of that Act (acceptance of gifts of...
25In section 177(1) of that Act (supplementary provisions as to...
Fair Trading Act 1973 (c. 41)
26In Schedule 4 to the Fair Trading Act 1973 (services...
Local Government Act 1974 (c. 7)
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28In section 31A(2) of that Act (consideration of adverse reports)...
29In paragraph 5(1) of Schedule 5 to that Act (matters...
House of Commons Disqualification Act 1975 (c. 24)
30(1) Part III of Schedule 1 to the House of...
Sex Discrimination Act 1975 (c. 65)
31. . . . . . . . . ....
32In section 23A of that Act (discrimination by Further Education...
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34In section 24(2)(c) of that Act (designated establishments) for “the...
35(1) Section 25 of that Act (general duty in public...
36In section 82 of that Act (general interpretation), in subsection...
37In Schedule 2 to that Act (transitional exemption orders for...
Restrictive Trade Practices Act 1976 (c. 34)
38In Schedule 1 to the Restrictive Trade Practices Act 1976...
Race Relations Act 1976 (c. 74)
39. . . . . . . . . ....
40. . . . . . . . . ....
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42(1) Section 19 of that Act (general duty in public...
43. . . . . . . . . ....
National Health Service Act 1977 (c. 49)
44In section 28A(2)(c) of the National Health Service Act 1977...
45In section 128(1) of that Act (interpretation), in the definition...
46In Schedule 1 to that Act (medical and dental inspection...
Education Act 1980 (c.20)
47(1) Section 38 of the Education Act 1980 (citation etc.)...
Education (Scotland) Act 1980 (c. 44)
48(1) Section 48A of the Education (Scotland) Act 1980 (corporal...
Local Government, Planning and Land Act 1980 (c.65)
49In paragraph 10 of Schedule 10 to the Local Government,...
Acquisition of Land Act 1981 (c. 67)
50In section 1(2) of the Acquisition of Land Act 1981...
51(1) Section 17(4) of that Act (statutory undertakers) shall have...
Greater London Council (General Powers) Act 1981 (c. xvii)
52In section 16 of the Greater London Council (General Powers)...
Agricultural Training Board Act 1982 (c. 9)
53In section 4(5) of the Agricultural Training Board Act 1982...
Industrial Training Act 1982 (c. 10)
54In section 5 of the Industrial Training Act 1982 (functions...
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
55In section 40 of the Local Government (Miscellaneous Provisions) Act...
Representation of the People Act 1983 (c. 2)
56(1) Paragraph 22 of Schedule 1 to the Representation of...
Education (Fees and Awards) Act 1983 (c. 40)
57In section 1(4) of the Education (Fees and Awards) Act...
Registered Homes Act 1984 (c. 23)
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Act 1984 (c. 55)
59In section 4(1)(a) of the Building Act 1984 (exemption of...
Greater London Council (General Powers) Act 1984 (c. xxvii)
60In section 10(2)(g) of the Greater London Council (General Powers)...
Further Education Act 1985 (c. 47)
61In section 8(3) (short title etc.) for “the Education Act...
Housing Act 1985 (c. 68)
62In Schedule 1 (tenancies which are not secure tenancies), in...
Local Government Act 1986 (c. 10)
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
64(1) Section 5 of the Disabled Persons (Services, Consultation and...
Education (No. 2) Act 1986 (c. 61)
65(1) Section 50 of the Education ( No. 2) Act...
66(1) Section 67 of that Act (short title etc.) shall...
Reverter of Sites Act 1987 (c. 15)
67(1) The Reverter of Sites Act 1987 shall be amended...
Local Government Act 1988 (c. 9)
68In paragraph 8(3)(a) of Schedule 1 to the Local Government...
Criminal Justice Act 1988 (c. 33)
69In section 139A(6) and (7) of the Criminal Justice Act...
Education Reform Act 1988 (c. 40)
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71In section 161(1)(b)(i) of that Act (interpretation of Part II)...
72In section 163(1) of that Act (new education authorities for...
73In section 166(5) of that Act (responsibility for schools) for...
74(1) Section 197 of that Act (Education Transfer Council) shall...
75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76(1) Section 218 of that Act (school and further and...
77For section 219 of that Act there is substituted— Powers...
78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79In section 228 of that Act (transfer of property to...
80In section 232 of that Act (orders and regulations)—
81(1) Section 235 of that Act (general interpretation) shall be...
82(1) Schedule 10 to that Act (supplementary provisions with respect...
Copyright, Designs and Patents Act 1988 (c. 48)
83In section 174(3) of the Copyright, Patents and Designs Act...
Children Act 1989 (c. 41)
84In section 28(4) of the Children Act 1989 (local authority...
85In section 36(5) of that Act (education supervision orders: presumption...
86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87In section 87(10) of that Act (welfare of children accommodated...
88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90In section 91(5) of that Act (effect and duration of...
91In section 105(1) of that Act (interpretation) for “the Education...
92In paragraph 3(b) of Schedule 2 to that Act (local...
93(1) Part III of Schedule 3 to that Act (education...
94(1) Paragraph 3 of Schedule 9 to that Act (child...
Local Government and Housing Act 1989 (c. 42)
95In section 2(6)(a) of the Local Government and Housing Act...
96(1) Section 13 of that Act (voting rights of members...
97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education (Student Loans) Act 1990 (c. 6)
98In section 1(3)(a) of the Education (Student Loans) Act 1990...
Town and Country Planning Act 1990 (c. 8)
99In section 76 of the Town and Country Planning Act...
Environmental Protection Act 1990 (c. 43)
100In section 98(2) of the Environmental Protection Act 1990 (definitions)—...
School Teachers’ Pay and Conditions Act 1991 (c. 49)
101(1) The School Teachers’ Pay and Conditions Act 1991—
Diocesan Boards of Education Measure 1991 (1991 No. 2)
102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104(1) Section 6 of that Measure (Board to be consulted...
105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further and Higher Education Act 1992 (c. 13)
108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109In section 28(3)(a) of that Act (institutions which are grant-aided...
110(1) Section 37 of that Act (attribution of surpluses and...
111In section 54(2) of that Act (duty to give information)...
112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113For section 57(6) of that Act (intervention in event of...
114In section 89(5) of that Act (orders, regulations and directions)...
115(1) Section 90 of that Act (interpretation) shall be amended...
116In section 92 of that Act (Index)—
117(1) Schedule 8 to that Act— (a) shall continue to...
Tribunals and Inquiries Act 1992 (c. 53)
118(1) The Tribunals and Inquiries Act 1992 shall be amended...
Charities Act 1993 (c. 10)
119For section 79(9) of the Charities Act 1993 (parochial charities)...
120(1) Schedule 2 to that Act (exempt charities) shall continue...
121At the end of paragraph 1(b) of Schedule 4 to...
Welsh Language Act 1993 (c. 38)
122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government (Wales) Act 1994 (c. 19)
123(1) Section 30 of the Local Government (Wales) Act 1994...
124(1) Section 31 of that Act (sub-committees of area committees)...
Value Added Tax Act 1994 (c. 23)
125In Schedule 9 to the Value Added Tax Act 1994...
Education Act 1994 (c. 30)
126After section 11 of the Education Act 1994 there is...
127(1) Section 12 of that Act (power of schools to...
128In section 19 of that Act (interpretation)—
Disability Discrimination Act 1995 (c. 50)
129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Rights Act 1996 (c. 18)
130In section 134(1) of the Employment Rights Act 1996 (dismissal...
Nursery Education and Grant-Maintained Schools Act 1996 (c. 57)
131(1) Section 4 of the Nursery Education and Grant-Maintained Schools...
132In section 11 of that Act (citation etc.) for subsection...
Part II Amendments coming into force on appointed day
Children and Young Persons Act 1933 (c. 12)
133In section 30(1)(a) of the Children and Young Persons Act...
Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)
134In section 24(1) of the Agriculture (Safety, Health and Welfare...
Factories Act 1961 (c. 34)
135In section 176(1) of the Factories Act 1961 (general interpretation)...
Matrimonial Causes Act 1973 (c. 18)
136In section 29(2)(a) of the Matrimonial Causes Act 1973 (age...
Sex Discrimination Act 1975 (c. 65)
137In section 24(2)(d) of the Sex Discrimination Act 1975 (designated...
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
138In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts...
Employment Act 1989 (c. 38)
139In section 10 of the Employment Act 1989 (removal of...
SCHEDULE 38 Repeals and revocations
Part I Repeals coming into force on 1st November 1996
Part II Repeals coming into force on appointed day
Part III Revocations
SCHEDULE 39 Transitional provisions and savings
Part I General
General transitional provisions
1(1) The repeal and re-enactment of provisions by this Act...
Extension of references to provisions repealed by Education Act 1993
2(1) Paragraph 1(3) above shall have effect, for the purpose...
Construction of pre-1944 Act references
3Where immediately before the commencement of this Act any reference...
4(1) This paragraph applies to enactments passed before 1st April...
Effect of old transitional provisions and savings
5The repeals made by this Act shall not affect the...
6(1) The repeal by this Act of an enactment previously...
Use of existing forms etc.
7Any reference to an enactment repealed by this Act which...
Pre-commencement offences
8Nothing in this Act affects the enactments repealed by this...
Part II Specific provisions
Governing bodies of local authority-maintained schools
9(1) Any governing body which immediately before the commencement of...
10(1) The reproduction by this Act of any reference, in...
11Where any instrument under which the governing body of an...
Special agreement schools
12(1) Any order under section 15(2) of the Education Act...
Proposals to establish etc. maintained or grant-maintained schools
13(1) Nothing in sections 35 to 45 or in sections...
Review of constitution of governing bodies
14(1) Subject to sub-paragraph (2), nothing in section 82 of...
Confirmation of certain decisions of governing body
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of grouping
16The reference in section 94(2)(c) of this Act to an...
Financial delegation
17(1) Without prejudice to paragraph 1(3) above—
18Nothing in section 141 of this Act requires a local...
School sessions
19For the purposes of section 147(1)(b) of this Act as...
Exclusion of pupils
20Nothing in section 157 of this Act applies in relation...
School premises: pre-1993 Act transfer of control agreements
21(1) This paragraph applies to any agreement to which paragraph...
Variation of trust deeds etc.
22In section 179(1) of this Act— (a) paragraph (b) does...
Ballots relating to acquisition of grant-maintained status
23Section 190(2)(b) of this Act applies where after the commencement...
Instruments and articles for grant-maintained schools incorporated under pre-1993 Act law
24(1) This paragraph applies in relation to a grant-maintained school...
25(1) This paragraph applies in relation to a grant-maintained school...
26(1) This paragraph applies in relation to a grant-maintained school...
Appeal committees
27Nothing in— (a) section 308(3) of this Act, or
28Paragraph 13(4) of Schedule 22 to this Act does not...
29Where immediately before the commencement of this Act an appeal...
30Nothing in this Act affects the restriction imposed by paragraph...
Maintenance etc. grants
31(1) The former grants code shall continue to have effect...
32Section 81 of the Education Reform Act 1988 (recovery from...
33The Education (Grant-maintained Schools) (Finance) Regulations 1990, so far as...
Assessments and statements of special educational needs
34Any assessment or statement of special educational needs which—
Applications relating to special schools
35Any application which— (a) was made to the Secretary of...
Contracts of staff transferred to School Curriculum and Assessment Authority or Curriculum and Assessment Authority for Wales
36(1) The repeal by this Act of—
Information about directions under section 365
37Nothing in section 366 of this Act applies, by virtue...
Review of conclusions about policy relating to curriculum
38Any articles of government of a county, controlled or maintained...
Agreed syllabuses of religious education
39(1) Nothing in this Act affects the constitution of, or...
Arrangements for collective worship
40In section 385 of this Act— (a) subsection (4)(b) does...
Disqualification for purposes of Part VII
41Sections 472 and 473 of this Act shall apply to...
Chairmen of Independent Schools Tribunals
42In its application to a person who, immediately before 31st...
Training grants
43The Education (Training Grants) Regulations 1993 shall continue to have...
Education committees etc. and members of those committees
44(1) Sub-paragraph (2) below applies to— (a) any education committee...
Documents issued by divisional executives
45Section 566(1) of this Act applies to a document purporting—...
Part III Miscellaneous savings etc.
46 Handicapped children
Byelaws under Children and Young Persons Act 1933
47Despite the repeal by this Act of section 120(5) of...
Disputes as to property transferred by virtue of 1944 Act
48Any question which, if it had arisen before the commencement...
Modifications of deeds made prior to Education Act 1973
49Without prejudice to the generality of paragraph 6(2) above, any...
Instruments made prior to Local Government Act 1972
50The repeal by this Act of section 192(5) and (6)...
Part IV Interpretation
51In this Schedule “repeal” includes (so far as the context...
SCHEDULE 40
Compulsory school age: general
1(1) Until the day appointed under section 583(3) for the...
Section 231: powers of governing body of grant-maintained school
2(1) If section 7 of the Nursery Education and Grant-Maintained...
Section 318: provision by LEAs of goods and services
3If paragraph 12 of Schedule 3 to the Nursery Education...
Sections 336 and 476: disapplication of arbitration legislation
4If paragraphs 4 and 59 of Schedule 3 to the...
Section 355: the “key stages”
5Until the day appointed under section 583(3) for the coming...
Section 357: implementation of National Curriculum
6Until the relevant commencement date, section 357(2) shall not apply,...
Section 433: time for admission of pupils
7If paragraph 2 of Schedule 3 to the Nursery Education...
Sections 457, 512 and 534: jobseeker’s allowances
8(1) If paragraph 17 of Schedule 2 to the Jobseekers...
Section 560: work experience
9Until the day appointed under section 583(3) for the coming...
Section 578 and Schedule 37: “the Education Acts”; consequential amendments
10If the provisions of Schedule 3 to the Nursery Education...
Meaning of “the relevant commencement date”
11(1) Subject to sub-paragraph (2), in any of the preceding...
TABLE OF DERIVATIONS
1Notes:
2The following abbreviations are used in the Table:—
Acts of Parliament
Subordinate legislation
3The abbreviation “Law Com. Rec. No.” followed by a number...
4By virtue of the Secretary of State for Education and...
5The Table also does not separately acknowledge the provisions of...

Education Act 1996

1996 c. 56

An Act to consolidate the Education Act 1944 and certain other enactments relating to education, with amendments to give effect to recommendations of the Law Commission.

C1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C7C6C8C9C10C11C12C13C15C14C16C17C19C18C20C21

Annotations:
Modifications etc. (not altering text)
C1

Act to be construed with 1996 c. 57 (1.11.1996) by virtue of 1996 c. 57, ss. 46(4), 48(2)

Act to be construed with 1997 c. 44 (14.6.1997) by virtue of 1997 c. 44, s. 56(2); S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Act to be construed with 1997 c. 59, ss. 1-3 (31.7.1997) by virtue of 1997 c. 59, s. 4(3)

Act to be construed with 1998 c. 18 (11.9.1998) by virtue of 1998 c. 18, ss. 36(6), 55(2)

Act to be construed with 1998 c. 31 (24.7.1998) by virtue of 1998 c. 31, s. 142(8)(9)

Act to be construed with specified provisions of Education Act 2002 (24.7.2002) by virtue of Education Act 2002 (c. 32), ss. 212(2)-(4), 216(1) (with ss. 210(8), 214(4))

C2

Act applied (24.7.1998) by 1998 c. 31, ss. 20, 145(4), Sch. 2 para. 3

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

C3

Act excluded (26.5.1999) by S.I. 1999/1287, reg. 5(2)(3)

C4

Act: powers transferred in part (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; S.I. 1999/3178, art. 2(1)

Act: power to delegate certain functions restricted (1.9.1999) by S.I. 1999/2242, reg. 42(1)(5)

Act: certain functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 1

C5

Act modified (1.9.1999) by 1998 c. 31, s. 126

C7

Act construed with 1998 c. 38, s. 145B (as inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 4, 73; S.I. 2005/558, art. 2, Sch. 1)

C8

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

C9

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 122

C10

Act Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)

C12

Act modified (27.7.2010) by Academies Act 2010 (c. 32), s. 17(4)

C15

Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by S.I. 2010/1906, reg. 2)

C16

Act construed as one with 2013 anaw 1 (26.4.2013 for specified purposes, 4.5.2013 in so far as not already in force) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 98(1)(2), 100(4); S.I. 2013/1000, arts. 2(d), 3(b)

C18

Act modified (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 83(7), 139(6); 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)

C20

Act: to be construed as one with this Act (5.8.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), ss. 57(1)(2), 60(1)(c)