(1)Regulations may make provision as to—
(a)the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and
(b)the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.
(2)The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.
(3)The schools to which this section applies are—
(a)any school maintained by a [F1local authority] ; [F2and]
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any special school not maintained by a [F1local authority].
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F2Word at the end of s. 563(3)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 172(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F3S. 563(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch 30 para. 172(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
(1)Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—
(a)on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and
[F4(b) The fee payable is the relevant fee in the fourth column of the Schedule to this Order.]
supply the applicant with a copy of the entry certified under his hand.
(2)A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).
(3)A registrar shall supply to a [F1local authority] such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require [F5for the purpose of the exercise of their education functions].
(4)In this section—
“register of births and deaths” means a register of births and deaths kept under the M1Births and Deaths Registration Act 1953, and
“registrar” includes a registrar of births and deaths and a superintendent registrar.
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F4S. 564(1)(b): fees of £3.50, £7.00 and £9.00 made payable (6.4.2010) in respect of copies issued by (i) a registrar at the time of registration, (ii) a registrar after the time of registration and (iii) a superintendent registrar respectively by virtue of The Registration of Births, Deaths and Marriages (Fees) Order 2010 (S.I. 2010/441), arts.1(1), 2, Sch. (as amended (1.4.2012) by The Registration of Births, Deaths and Marriages (Fees)(Amendment) Order 2012 (S.I. 2012/760), arts. 1, 3, 4; and (1.9.2014) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2014 (S.I. 2014/1790), arts. 1, 2)
F5Words in s. 564(3) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(12)
Marginal Citations
(1)Where in any proceedings under this Act the person by whom the proceedings are brought—
(a)alleges that any person whose age is material to the proceedings is under, of, or over, any age, and
(b)satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,
the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.
(2)This section has effect subject to section 445(3).
(1)In any legal proceedings, any of the following documents, namely—
(a)a document purporting to be a document issued by a [F6local authority in connection with the exercise of their education functions], and to be signed by the clerk of that authority or by the [F7director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)] or by any other officer of the authority authorised to sign it,
(b)a document purporting to be an extract from the minutes of the proceedings of the governing body of [F8a maintained school], and to be signed by the chairman of the governing body or by their clerk,
(c)a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and
(d)a document purporting to be a certificate issued by a medical officer of a [F1local authority], and to be signed by such an officer,
shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.
(2)In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.
[F9(3)Where a child of compulsory school age is required to attend at—
(a)any place at which education is provided for him in the circumstances mentioned in subsection (1) [F10or (1A)] of section 444ZA, or
(b)any place in the circumstances mentioned in subsection [F11(1B) or] (2) of that section,
subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).]
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F6Words in s. 566(1)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(13)
F7Words in s. 566(1)(a) substituted (1.1.2008) (with effect in accordance with s. 18(9) of the commencing S.I.) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 4(3); S.I. 2007/1792, art. 2
F8Words in s. 566(1)(b) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para.173 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F9S. 566(3) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 6 (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
F10Words in s. 566(3)(a) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 51(a); S.I. 2012/2197, art. 2(c)
F11Words in s. 566(3)(b) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 51(b); S.I. 2012/2197, art. 2(c)