Part I General
Chapter I The statutory system of education
General
1 The stages of education.
1
The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.
2
This Part—
a
F1b
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3
C24
Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.
2 Definition of primary, secondary and further education.
F111
In this Act “primary education” means—
a
full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;
b
full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and
c
full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).
2
In this Act “secondary education” means—
a
full-time education suitable to the requirements of pupils of compulsory school age who are either—
i
senior pupils, or
ii
junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and
b
(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.
F62A
Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—
b
is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
2B
Where—
a
a person is in full-time education,
b
he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution F13or any other establishment, and
c
the education which he receives at the school would be secondary education if it was full-time education at the school,
the person’s education, both at the school and at the other institution F9or establishment, is secondary education for the purposes of this Act (subject to subsection (5)).
3
Subject to subsection (5), in this Act “further education” means—
a
full-time and part-time education suitable to the requirements of persons who are over compulsory school age F15(including vocational, social, physical and recreational training), and
b
organised leisure-time occupation provided in connection with the provision of such education,
except that it does not include secondary education or (in accordance with subsection (7)) higher education.
4
Accordingly, unless it is education within subsection (2)(b) F8or (2A), full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.
5
For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—
a
has begun a particular course of secondary education before attaining the age of 18, and
b
continues to attend that course,
the education does not cease to be secondary education by reason of his having attained the age of 19.
6
In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.
F106A
In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.
7
References in this section to education do not include references to higher education.
C13 Definition of pupil etc.
1
In this Act “pupil” means a person for whom education is being provided at a school, other than—
a
a person who has attained the age of 19 for whom further education is being provided, or
b
a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.
F3and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.
F41A
A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).
2
In this Act—
“junior pupil” means a child who has not attained the age of 12; and
“senior pupil” means a person who has attained the age of 12 but not the age of 19.
3
The definition of “pupil” in F5subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.