Part X Miscellaneous and general

Chapter VI General

Construction

573 Meaning of expressions relating to alteration etc. of premises or character of schools.

1

The following provisions apply for the purposes of this Act except where the context otherwise requires.

2

References to the alteration of school premises include making improvements, extensions or additions to the premises; F1. . ..

3

References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

574 Changes to school not amounting to discontinuance etc.

1

For the purposes of this Act and any other enactment relating to the duties of a F46local authority neither—

a

references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor

b

references in whatever terms to establishing a new school,

shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).

2

The changes are—

a

education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;

b

an enlargement or alteration of the school premises; and

c

the transfer of the school to a new site.

575

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3576 Meaning of “parent”.

C1C21

In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

a

who is not a parent of his but who has parental responsibility for him, or

b

who has care of him,

except that in F3section 499(8) it only includes such a person if he is an individual.

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In subsection (1) “parental responsibility” has the same meaning as in the M1Children Act 1989.

4

In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

F5577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

578 Meaning of “the Education Acts”.

In this Act “the Education Acts” means this Act together with the following Acts—

  • F6. . .

  • F34...

  • the M2Education Act 1973;

  • the M3Education Act 1980;

  • the M4Education (Fees and Awards) Act 1983;

  • the M5Further Education Act 1985 (except sections 4 and 5);

  • the M6Education Act 1986;

  • the M7Education (No. 2) Act 1986;

  • the M8Education Reform Act 1988;

  • F6. . .

  • F27...

  • the M9Further and Higher Education Act 1992;

  • the M10Education Act 1994;

  • F6. . .

  • F34...

  • F78...;

  • F7the M11Education Act 1997;

  • F8the M12 Education (Schools) Act 1997;

  • F9. . .

  • F10the M13Teaching and Higher Education Act 1998;

  • F11the School Standards and Framework Act 1998 (c. 31);

  • F25the Education Act 2002 (c. 32).

  • F47the Higher Education Act 2004 (c. 8)

  • F35the Education Act 2005 (c. 18)

  • F41the Education and Inspections Act 2006 (c. 40)

  • F88the Education and Skills Act 2008 (c. 25)

  • F72Learner Travel (Wales) Measure 2008 (nawm 2)

  • F28Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)

  • F86Academies Act 2010 (c. 32)

  • F85Education (Wales) Measure 2011

  • F30Education Act 2011

  • F42School Standards and Organisation (Wales) Act 2013

  • F67Children and Families Act 2014, Pt. 3 and s. 100

  • F61Education (Wales) Act 2014

  • F69Higher Education (Wales) Act 2015

  • F96Qualifications Wales Act 2015

  • F93Additional Learning Needs and Education Tribunal (Wales) Act 2018

  • F43Curriculum and Assessment (Wales) Act 2021

579 General interpretation.

1

In this Act, unless the context otherwise requires—

  • F12...

  • F68“Academy” means F57an educational institution to which Academy arrangements relate;

  • F68“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;

  • F68“Academy order” means an order under section 4 of that Act;

  • F51 “Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;

  • F83“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

  • F83“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

  • F13“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

  • “boarder” includes a pupil who boards during the week but not at weekends;

  • “child” means a person who is not over compulsory school age;

  • “clothing” includes footwear;

  • F63“education functions” means the functions specified in Schedule 36A;

  • F58“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;

  • F12...

  • “financial year” means a period of twelve months ending with 31st March;

  • “functions” includes powers and duties;

  • F12...

  • “head teacher” includes acting head teacher;

  • “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

  • F92“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

  • F83“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

  • “land” includes buildings and other structures, land covered with water, and any interest in land;

  • “liability” includes obligation;

  • F31“local authority” means—

    1. a

      a local authority in England;

    2. b

      a local authority in Wales;

  • “local authority in England” means—

    1. a

      a county council in England;

    2. b

      a metropolitan district council;

    3. c

      a non-metropolitan district council for an area for which there is no county council;

    4. d

      a London borough council; and

    5. e

      the Common Council of the City of London (in their capacity as a local authority);

  • “local authority in Wales” means—

    1. a

      a county council in Wales; and

    2. b

      a county borough council;

  • F12...

  • “local government elector” has the meaning given by section 270(1) of the M14Local Government Act 1972;

  • F66“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;

  • “medical officer”, in relation to a F46local authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

  • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

  • F22“the National Curriculum”(without more) means—

    1. a

      F100in relation to England, the National Curriculum for England, F101and

    2. b

      F101in relation to Wales, the National Curriculum for Wales;

  • “premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

  • “prescribed” F91(except in Chapter 5A) means prescribed by regulations;

  • “proprietor”, in relation to a school F48or a 16 to 19 Academy , means the person or body of persons responsible for the management of the school F38or Academy (so that, in relation to F14a community, foundation or voluntary or community or foundation special school F70or a maintained nursery school, ,F65or a maintained nursery school, it means the governing body);

  • F12...

  • “regulations” F99... means regulations made by the Secretary of State F97, except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales;

  • F12...

  • F23“sex education” includes education about—

    1. a

      Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

    2. b

      any other sexually transmitted disease;

  • “school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—

    1. a

      as a caretaker’s dwelling,

    2. b

      for use in connection with playing fields,

    3. c

      to afford facilities F94for the carrying out of functions under F54paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or

    4. d

      to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

  • F15“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

  • F76“special educational needs”—

    1. a

      in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

    2. b

      F45in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

  • “special educational provision”—

    1. a

      in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;

    2. b

      F49in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);

  • “school day”, in relation to a school, means any day on which at that school there is a school session;

  • F16“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;

  • “young person” means a person over compulsory school age but under the age of 18.

F501A

For the purposes of this Act a person is subject to learning difficulty assessment if—

a

an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or

b

arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.

2

References in this Act to an interest in land include any easement, right or charge in, to or over land.

F173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F843A

References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales F59or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

3B

References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England F60or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014.

F623C

The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

4

For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular F46local authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

F894A

For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.

5

For the purposes of this Act a school shall be regarded as “assisted” by a F46local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

6

Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a F46local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

7

Neither—

a

a university, nor

b

any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a F46local authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

F33580 Index.

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression

Relevant provision

F24Academy

F44section 579(1)

F32Academy arrangements

F32Section 579(1)

F32Academy order

F32Section 579(1)

F36Academy school

Section 579(1)

F3616 to 19 Academy

Section 579(1)

F39additional learning needs

section 579(1)

F39additional learning provision

section 579(1)

admission authority (in Chapter I of Part VI)

section 415

admitted to a school for nursery education

section 579(3)

aggregated budget (in Part II)

sections 101(3) and 105

F98agreed syllabus

(in relation to England)

Section 375(2) and (4)

(in relation to Wales)

Section 375A(7)

aided school

section 32(1) and (3)

allocation formula (in Part II)

section 106(2)

alteration (of school premises) and alterations (in relation to such premises)

section 573(2)

F36alternative provision Academy

Section 579(1)

annual parents’ meeting (in Chapter VI of Part II)

section 162(1)

appropriate diocesan authority (in Part III in relation to a Church of England, Church in Wales or Roman Catholic Church school)

section 311(1)

appropriate further education funding council

section 579(1)

F37...

F37. . .

articles of government

 (in relation to a county, voluntary or maintained special school)

section 127(1)

 (in relation to a grant-maintained school)

section 218(1)

 (in relation to a grant-maintained special school)

paragraph 1 of Schedule 28

 (in relation to a group of grant-maintained schools)

section 280(2)

assess (in Part V)

section 350(2)

assessment arrangements (in Part V)

section 353

assisted (in relation to a school or other institution)

section 579(5) to (7)

F18. . .

. . .

attainment targets (in Part V)

section 353

authority responsible for election arrangements (in Chapter V of Part III)

section 243(2)

belonging to the area of a F46local authority (in relation to a person)

section 579(4)

boarder

section 579(1)

budget share (in Part II)

section 101(3) and (6)

capital grant (in relation to grant-maintained schools)

section 246(1) (or section 252)

cease to maintain (in relation to a school)

section 574

F64. . .

F64. . .

change in character (in relation to a school)

section 573(4)

character (of a school) (in Part III)

section 311(4)

child

 (generally)

section 579(1)

 (in Part IV)

section 312(5)

  F19(in Chapter I of Part VI except sections 431 to 433)

section 411(8)

child for whom a F46local authority are responsible (in Part IV)

section 321(3)

Church in Wales school

section 311(1)

Church of England school

section 311(1)

F26city academy

F26section 482

F26city college for the technology of the arts

F26section 482(3)

F26city technology college

F26section 482(3)

clothing

section 579(1)

commencement of this Act

section 583(2)

compulsory school age

section 8 (or paragraph 1 of Schedule 40)

contract of employment (in relation to provisions specified in section 575(2))

section 575(1)

controlled school

section 32(1) and (2)

co-opted governor (in relation to a county, voluntary or maintained special school)

section 78(1)

core governor

section 285 and Schedule 25

county school

section 31(1)

date of implementation

 (in Part III in relation to proposals for acquisition of grant-maintained status)

section 200(2)

 (in Part III in relation to a new grant-maintained school)

section 217

date of publication of proposals (in Part III in relation to proposals under that Part)

section 311(6)

delegation requirement (in Part II)

section 107(2)

discontinue (in relation to a school)

section 574

disposal of premises (in sections 297 to 300)

section 301(3)

dissolution date (in sections 274 to 279)

section 274(6)

the Education Acts

section 578

F40education functions

F40section 579(1)

F77EHC plan

section 579(1)

eligible for grant-maintained status (in Part III)

section 184

eligible governor (in Part III)

paragraph 4 of Schedule 24

eligible to vote in a ballot held in accordance with section 189 (in Chapter II of Part III)

section 190(1)

employed, employee, employer (in relation to provisions specified in section 575(2))

section 575(1)

employed to work, or to work solely, at a school (in relation to provisions specified in section 575(2))

section 575(3)

employee (in sections 469 to 473)

section 469(6)

enlargement (in relation to school premises)

section 573(3)

establish (in relation to a new school)

section 574

examination requirement (in Chapter III of Part VI)

section 462(1)

exclude, exclusion (except in section 524)

section 579(1)

financial year

section 579(1)

first governor (in relation to a grant-maintained school)

paragraphs 7 and 12 of Schedule 24

foundation governor

 (in relation to a voluntary school)

section 78(2)

 (in relation to a grant-maintained school)

paragraphs 8 and 13 of Schedule 24

foundation subjects

section 354 F20. . .

functions

section 579(1)

funding authority

section 26

further education

section 2(3) to (5)

general schools budget (in Part II)

section 101(3)

governing body, governor

 (in Chapters IV to VI of Part II)

section 182

 (in relation to a school grouped for purposes of Chapter IV of Part II)

section 89(6)

 (in relation to a voluntary school and functions of foundation governors)

section 579(1)

governing body in liquidation (in sections 274 to 279)

section 274(3)

governor of an elected category (in Part III)

paragraph 3 of Schedule 24

governors’ report (in Chapter VI of Part II)

section 161(1)

grant-maintained school

 (generally)

section 183(1)

 (in sections 500 to 504)

section 505(8)

grant-maintained school formerly conducted by a governing body in liquidation (in sections 274 to 279)

section 274(5)

grant-maintained special school

F81section 346(3)

grant regulations (in Chapter VI of Part III)

section 244(2)

grants for education support and training

section 484(1)

group (of schools)

 (in Part II)

section 89(5)

 (in Chapter IX of Part III)

section 280(7)

head teacher

 (generally)

section 579(1)

 (in relation to a county, voluntary or maintained special school organised into separate departments)

section 132

higher education

section 579(1)

incorporation date

 (in Chapter II of Part III)

section 200(5)

 (in Chapter IV of Part III)

section 217

 F95...

F95. . .

independent school

section 463

F39individual development plan

section 579(1)

initial governor (in Part III)

paragraph 2 of Schedule 24

institution outside (or within) the further education sector

section 4(3)

institution outside (or within) the F52wider higher education sector

section 4(4)

instrument of government

 (in relation to a county, voluntary or maintained special school)

section 76(1)

 (in relation to a grant-maintained school)

section 218(1)

 (in relation to a grant-maintained special school)

paragraph 1 of Schedule 28

 (in relation to a group of grant-maintained schools)

section 280(2)

interest in land

section 579(2)

F80in the area of a local authority in England

section 579(3A)

in the area of a local authority in Wales

section 579(3B)

junior pupil

section 3(2)

key stage

section 355(1)

land

section 579(1)

F64. . .

F64. . .

F82learning difficulty (in relation to a child in the area of a local authority in Wales)

section 312(2) and (3) (subject to subsection (3A))

liability

section 579(1)

local authority

section 579(1)

F40local authority in England

F40section 579(1)

F40local authority in Wales

F40section 579(1)

F90. . .

F90. . .

F73. . .

 (generally)

section 579(1)

 (in relation to a scheme under Part II)

section 101(2)

local government elector

 (generally)

section 579(1)

 (in Part III in relation to an area)

section 311(7)

maintain (in relation to a school maintained by a F46local authority)

section 34

maintained school

 (in Part IV)

section 312(5)

 (in Part V)

section 350(1)

 (in Chapter II of Part VI)

section 437(8)

 (in Chapter III of Part VI)

section 449

 (in sections 500 to 504)

section 505(8)

maintained nursery school

sections 6(1) and 33(1)

maintained special school

sections 6(2) F55and 33(1)

maintenance grant (in relation to grant-maintained schools)

section 244(1) (or section 250(1))

medical officer (in relation to a F46local authority)

section 579(1)

minor authority

section 577

middle school

section 5(3)

modifications, modify

section 579(1)

the National Curriculum

sections 352(1) and 353

new governing body (in Part III)

section 195(2)

new school (in Part II)

section 181(1)

nursery school

section 6(1)

optional extra (in Chapter III of Part VI)

section 455(3)

parent

section 576

parent governor

 (in relation to a county, voluntary or maintained special school)

section 78(3)

 (in relation to a grant-maintained school)

paragraphs 5 and 10 of Schedule 24

F18. . .

. . .

F18. . .

. . .

pending

 (in Part III in relation to proposals published under section 193)

section 193(4)

 (in Chapter III of Part III in relation to the procedure for acquisition of grant-maintained status)

section 203(1)

powers to make proposals for the alteration of their school (in sections 500 to 504 in relation to the governing body of a voluntary school)

section 505(7)

powers to make proposals for the establishment, alteration or discontinuance of schools (in sections 500 to 504)

section 505(8)

premises

 (in relation to a school)

section 579(1)

 (in Part III)

section 311(1)

prescribed

section 579(1)

F64. . .

F64. . .

primary education

section 2(1)

primary school

section 5(1)

programmes of study (in Part V)

section 353

proceeds of disposal (in sections 297 to 300)

section 301(3)

procedure applicable under Chapter IV of Part II (in Chapter V of Part III)

section 243(3)

promoters (in Part III)

section 212(1)

proposals (in Chapter VII of Part III)

section 266(2)

proposals for acquisition of grant-maintained status (in Part III)

section 183(2)

proposals for the establishment of a new grant-maintained school (in Part III)

section 183(2)

proprietor (in relation to a school)

section 579(1)

prospectively disqualified (in Chapter V of Part III)

section 243(4)

provisionally registered school (in Part VII)

section 465(4)

pupil

sections 3(1) and 19(5)

reception class

section 579(1)

register, registration (in Part VII in relation to independent schools)

section 464(4)

registered (in relation to parents or pupils)

section 434(5)

registered school (in Part VII)

section 465(4)

Registrar of Independent Schools (or the Registrar in Part VII)

section 464(4)

regulations

section 579(1)

relevant age group

section 579(1)

relevant education (in relation to an order under section 27(1))

section 27(7)

relevant particulars (in relation to a proposed initial governor of a grant-maintained school)

section 200(4)

relevant proposals (in Part II)

section 181(2)

relevant standard number (in Chapter I of Part VI)

section 411(7)

F53relevant upper age (in relation to a middle school)

section 5(3)(b)

F74relevant young adult (in sections 508F, 508G and 508I)

section 508F(9)

relevant youth accommodation

section 562(1A)

required to be covered by a scheme (in Part II in relation to a school)

section 102

reserved teacher (in Chapter VI of Part II in relation to a controlled school)

section 143(2)

reserved teacher (in Chapter VI of Part II in relation to a special agreement school)

section 144(1)

residential trip (in Chapter III of Part VI)

section 462(2)

responsible for a child (in Part IV in relation to a F46local authority)

section 321(3)

right to a delegated budget (in Part II)

section 115(a)

Roman Catholic Church school

section 311(1)

scheme (in Part II)

section 101(1)

school

section 4(1) and (2)

school in respect of which financial delegation is required (in Part II)

section 115

school which has a delegated budget (in Part II)

section 115

school attendance order

section 437(3)

school buildings

section 579(1)

school day

section 579(1)

school property (in sections 274 to 279)

section 274(4)

F21school year

section 579(1)

secondary education

section 2(2) and (5)

secondary school

section 5(2)

section 67 loan liabilities (in sections 274 to 279)

section 274(7)

senior pupil

section 3(2)

sex education

F87section 579(1)

significant (in relation to a change in character or enlargement of premises of a school)

section 573(5)

special agreement

section 32(5)

special agreement school

section 32(1) and (4)

special educational needs

F71section 579(1)

special educational provision

F75section 579(1)

special purpose grant (in relation to grant-maintained schools)

section 245(1) (or section 251)

special school

F79section 337

sponsor governor (in Part III)

paragraphs 9 and 14 of Schedule 24

F74subject to a detention order

section 562(1A)

subject to learning difficulty assessment

F29section 579(1A)

suitable education (in Chapter II of Part VI)

F56section 436A(3)

teacher governor

 (in relation to a county, voluntary or maintained special school)

section 78(4)

 (in relation to a grant-maintained school)

paragraphs 6 and 11 of Schedule 24

temporary governing body, temporary governor (in Part II)

section 181(3)

time of publication of proposals (in Part III in relation to proposals under that Part)

section 311(6)

F64. . .

F64. . .

trust deed (in relation to a voluntary school)

section 579(1)

trustees of the school (in sections 296 to 300)

section 301(2)

voluntary school

sections 31(2) and 32

F19wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI)

section 411(9)

young person

section 579(1)