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Education Act 1996

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SCHEDULES

Section 19.

SCHEDULE 1E+W Pupil referral units

Modifications etc. (not altering text)

C1Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(c), 70(2); S.I. 2018/346, reg. 4(e)

C2Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(c), 70(2); S.I. 2018/346, reg. 4(f)

General adaptations of enactmentsE+W

1E+WReferences in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the [F1local authority] .

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 1 para. 1 excluded by 1998 c. 31, s. 45(3)(aa) (as inserted (1.9.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 50(3)(b), 82(3); S.I. 2012/1087, art. 3)

2E+WReferences in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

Modifications of enactments by regulationsE+W

3E+WRegulations may provide for any enactments relating to schools maintained by [F2local authorities] (or schools including such schools)—

(a)to apply in relation to pupil referral units,

(b)to apply in relation to such units with such modifications as may be prescribed, or

(c)not to apply in relation to such units.

[F33ARegulations may also—

(a)require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a [F4pupil referral unit] ;

(b)confer a power on the Secretary of State to give directions to a local authority in England about the exercise of—

(i)their functions under section 19;

(ii)their functions under any enactment applied to [F5pupil referral units] (with or without modifications) by regulations under paragraph 3;

(iii)any other function connected with [F5pupil referral units] ;

(c)require a local authority to comply with such directions.]

Textual Amendments

F3Sch. 1 para. 3A inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 249(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F4Words in Sch. 1 para. 3A(a) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(4)(a), 82(3); S.I. 2012/84, art. 2

F5Words in Sch. 1 para. 3A(b) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(4)(b), 82(3); S.I. 2012/84, art. 2

RegistrationE+W

4(1)A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.E+W

(2)In this Schedule “registered” means shown in the register kept under section 434.

Application of Local Government Act 1986E+W

F65E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 1 para. 5 repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(vi), Sch. 8 Pt. 1

CurriculumE+W

6[F7(1)In relation to every pupil referral unit, the [F1local authority], the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of [F8section 78(1) or 99(1) of the Education Act 2002](1) (balanced and broadly based curriculum).E+W

(2)Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

(a)the [F1local authority], the management committee (where applicable), or the teacher in charge to exercise, or

(b)such of them as may be prescribed to collaborate with each other in exercising,

such functions in relation to the curriculum as may be prescribed.]

(3)[F9Each local education authority [F10in Wales] shall F11... make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit [F10in Wales]

(a)have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by [F12sub-paragraph (1) or (2)] above, or

(b)have failed to discharge any such duty.]

(4)[F13The [F14Welsh Ministers] shall not entertain under [F15section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers)] [F15Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities)] any complaint in respect of any local education authority [F16in Wales] if it is a complaint—

(a)for which arrangements are required to be made under sub-paragraph (3) above, or

(b)that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit [F16in Wales] with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.]

Textual Amendments

F7Sch. 1 para. 6(1)(2) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(i) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

F9Sch. 1 para. 6(3) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(c), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

F10Words in Sch. 1 para. 6(3) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(d)(i), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F12Words in Sch. 1 para. 6(3) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(ii) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

F13Sch. 1 para. 6(4) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(c), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

F14Words in Sch. 1 para. 6(4) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(d)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F16Words in Sch. 1 para. 6(4) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(d)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Modifications etc. (not altering text)

DisciplineE+W

7E+WF17F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex education, political indoctrination and political issuesE+W

8E+WSections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units as they apply in relation to [F19community schools].

Textual Amendments

F19Words in Sch. 1 para. 8 substituted (1.10.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 64 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.

ChargesE+W

9(1)Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted.E+W

(2)Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.

Application of Environmental Protection Act 1990E+W

10E+WA pupil referral unit is an educational institution for the purposes of Part IV of the M1Environmental Protection Act 1990 (litter).

Marginal Citations

InformationE+W

11E+WEach [F1local authority] shall—

(a)on such occasions, and

(b)in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 4E+W

F2012E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Children with special educational needsE+W

F2113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

School attendance ordersE+W

14(1)Where a pupil referral unit is named in a school attendance order—E+W

(a)the [F1local authority] shall inform the teacher in charge of the unit, and

(b)if another [F1local authority] are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2)Section 438(4) does not apply in relation to a pupil referral unit.

(3)A [F1local authority]

(a)shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another [F1local authority] are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b)if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4)Section 439(7) and (8) apply where a notice is served on a [F1local authority] under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5)The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the [F1local authority] to amend the order by substituting a pupil referral unit for the school named in the order.

(6)Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

F22[Management committeesE+W

Textual Amendments

F22Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s.48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt.V

F2315(1)Regulations may make provision—E+W

(a)for requiring any [F1local authority] who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b)for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2)Regulations under this paragraph may in particular make provision—

(a)for enabling a [F1local authority] to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b)for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c)as to the composition of a management committee established under the regulations and—

(i)the appointment and removal of its members, and

(ii)their terms of office,

and in particular for requiring such a committee to include persons representing schools F24. . . situated in the area from which the unit or units in question may be expected to draw pupils;

[F25(d)for requiring or (as the case may be) prohibiting the delegation by—

(i)a [F1local authority]; or

(ii)in the case of a [F1local authority] which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.]]

(e)for authorising a management committee to establish sub-committees;

(f)for enabling (subject to any provisions of the regulations) a [F1local authority] [F26, and in the case of a [F1local authority] which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive,] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g)for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

[F27(ga)about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;]

(h)for applying to any such committee or sub-committee, with or without modification—

(i)any provision of the Education Acts, or

(ii)any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

[F28(3)In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.]

Textual Amendments

F23Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s. 48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt. V

F24Words in Sch. 1 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 184(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F25Sch. 1 para. 15(2)(d) substituted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(i) and S.I. 2002/808, art. 31(a)(i)

F26Words in Sch. 1 para. 15(2)(f) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(ii) and S.I. 2002/808, art. 31(a)(ii)

F27Sch. 1 para. 15(2)(ga) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(19); S.I. 2012/924, art. 2

F28Sch. 1 para. 15(3) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(b) and S.I. 2002/808, art. 31(b)

F29SCHEDULE 2E+W

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

Textual Amendments

F32SCHEDULE 3E+W

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

Textual Amendments

F34SCHEDULE 4E+W

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

Textual Amendments

F34Sch. 4 repealed (1.10.1998 so far as relating to the repeal of paras. 7 and 8 and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I and S.I. 1999/1016, art. 2(1), Sch. 1

F38SCHEDULE 5E+W

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

Textual Amendments

F39SCHEDULE 6E+W

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

Textual Amendments

F40SCHEDULE 7E+W

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

Textual Amendments

F41SCHEDULE 8E+W

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

Textual Amendments

F42SCHEDULE 9E+W

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

Textual Amendments

F43SCHEDULE 10E+W

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

Textual Amendments

Sections 122 and 124.

SCHEDULE 11E+W Contents of statements under section 122(2) and section 124(1)

Part IE+W Statements under section 122(2)

1(1)This Part of this Schedule applies to any statement prepared by a [F1local authority] under section 122(2).E+W

(2)In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

2E+WThe statement shall contain the following particulars in respect of the financial year to which it relates—

(a)the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),

(b)the amount of the authority’s aggregated budget for the year under the scheme (as so determined),

(c)such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),

(d)such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and

(e)such particulars of the allocation formula under the scheme as may be prescribed.

3(1)The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.E+W

(2)In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.

4E+WThe statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.

Part IIE+W Statements under section 124(1)

5(1)A statement prepared by a [F1local authority] under section 124(1) shall give the following particulars in respect of the financial year to which it relates—E+W

(a)the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,

(b)the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and

(c)such particulars as may be prescribed of the amounts referred to in sub-paragraph (2).

(2)Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—

(a)expenditure treated by the authority as expenditure of a capital nature,

(b)expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and

(c)expenditure of such other descriptions as may be prescribed.

6(1)The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—E+W

(a)the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,

(b)the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,

(c)the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and

(d)such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).

(2)In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).

7E+WThe statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.

8E+WWhere only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.

Section 126.

SCHEDULE 12E+W Financial delegation and new schools

Modifications etc. (not altering text)

C6Sch. 12 excluded (temp. until 1.9.1999) by S.I. 1998/3097, art.5

PreliminaryE+W

1E+WIn this Schedule “temporary governing body” does not include a temporary governing body who by virtue of paragraph 2 of Schedule 10 fall to be treated as a governing body.

New county and voluntary schoolsE+W

2(1)For the purposes of applying (in accordance with this Schedule) sections 101 to 122 and Part I of Schedule 11 in relation to new schools which will be county or voluntary schools—E+W

(a)references to a school conducted by a governing body shall be read as including a new school which has a temporary governing body, and

(b)other references to the governing body of a school shall be read as including the temporary governing body of a new school.

(2)For those purposes—

(b)references to a county or voluntary school maintained by a [F1local authority] , and

(b)references, in a context referring to a [F1local authority], to county and voluntary schools,

shall be read as including a new school which on implementation of the relevant proposals will be a county or voluntary school maintained by the authority.

3(1)A new school which will be a county or voluntary school is required to be covered by a scheme in any financial year if it has a temporary governing body during the whole or any part of that year.E+W

(2)In the case of such a school, sections 101 to 122 and Part I of Schedule 11 apply subject to the modifications set out in paragraphs 4 to 7.

4(1)Where a school required to be covered by a scheme in a financial year is a new school during the whole or any part of that year, the provision required by section 106(4)(a) shall not apply in relation to the determination of the school’s budget share for the year, so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the [F1local authority] for the purposes of the school in respect of any period before the implementation of the relevant proposals.E+W

(2)Accordingly—

(a)paragraph 3(1) of Schedule 11 shall apply in relation to the school as if it referred to such part (if any) of the school’s budget share for the year as falls to be determined in accordance with the provision required by section 106(4)(a); and

(b)the statement under section 122(2) shall include in relation to the school the additional particulars mentioned in sub-paragraph (3).

(3)Those particulars are the amount of such part (if any) of the school’s budget share for the year (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (1).

(4)Sub-paragraph (1) shall not be taken as prejudicing the inclusion in the allocation formula under a scheme, by virtue of section 106(4)(b), of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of pupils it will have on implementation of the relevant proposals.

5E+WThe delegation requirement under a scheme shall not apply in relation to a new school (where it is not a school to which section 110 applies) until such date as may be determined by or under the scheme.

6E+WSection 110 shall have effect, in relation to a new school to which it applies, with the omission of subsection (3)(a).

7E+WSection 122(7) shall not apply in relation to the temporary governing body of a new school.

New special schoolsE+W

8(1)Any reference—E+W

(a)in section 120, to maintained special schools or to a maintained special school, or

(b)in section 124, to special schools or to a special school,

shall be read as including a new school proposed to be established by a [F1local authority] which will be a maintained special school and which has a temporary governing body.

(2)Any reference in section 120 or 124 to a school’s governing body shall be read, in relation to such a new school, as a reference to its temporary governing body.

(3)The reference in section 124(1) to a [F1local authority] maintaining a special school or special schools shall be read, in relation to such a new school, as a reference to the authority being under a duty by virtue of paragraph 20 of Schedule 9 to defray expenses in relation to its temporary governing body.

9E+WSection 124(8) shall not apply in relation to the temporary governing body of a new school.

Financial delegation apart from schemesE+W

10E+WSection 125 shall not apply in relation to a new school.

Section 133.

SCHEDULE 13E+W Staffing of county, controlled, special agreement and maintained special schools

The selection panelE+W

1(1)The articles of government for a county, controlled, special agreement or maintained special school shall provide—E+W

(a)for the constitution of a selection panel whenever such a panel is required by virtue of this Schedule in relation to the appointment of a head teacher or deputy head teacher, and

(b)for a selection panel to consist of a specified number of persons appointed to it by the [F1local authority] and a specified number of governors appointed to it by the governing body.

(2)Neither of the numbers specified by virtue of sub-paragraph (1)(b) shall be less than three; and the number specified in relation to appointments made by the governing body shall not be less than the number specified in relation to appointments made by the authority.

(3)The articles shall provide for the governing body and the authority to have power to replace, at any time, any member of a selection panel whom they have appointed.

2E+WRegulations may make provision as to the meetings and proceedings of selection panels.

Appointment of head teacherE+W

3(1)The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).E+W

(2)If the post of head teacher is vacant, the [F1local authority] shall appoint an acting head teacher after consulting the governing body.

(3)Before appointing a head teacher, the [F1local authority] shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(4)The [F1local authority] shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.

(5)The selection panel shall interview such applicants for the post as they think fit.

(6)If the panel fail to agree on the applicants whom they wish to interview—

(a)the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and

(b)the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.

(7)Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.

(8)If the panel are unable to agree on a person to recommend to the authority, they shall—

(a)repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,

(b)where—

(i)they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or

(ii)they have decided that it is not appropriate to repeat any of those steps,

require the authority to re-advertise the vacancy, and

(c)where the vacancy is re-advertised, repeat all of the steps mentioned in sub-paragraphs (5) to (7).

(9)If the authority decline to appoint a person recommended by the panel, the panel shall—

(a)where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b)recommend another of the applicants interviewed by them, if they think fit,

(c)ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

(d)where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).

(10)The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where—

(a)it has been duly advertised,

(b)the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and

(c)the authority are of the opinion that the panel have had sufficient time in which to carry out their functions.

(11)The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

(12)In this paragraph “head teacher” does not include an acting head teacher.

Appointment of deputy head teacherE+W

4(1)The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make either—E+W

(a)the same provision, modified as mentioned in sub-paragraphs (2) and (3), as that made (in accordance with paragraph 3) in relation to the appointment of a head teacher for the school, or

(b)the same provision as that made (in accordance with paragraph 5) in relation to the appointment of other teachers at the school.

(2)If the articles (in accordance with sub-paragraph (1)(a)) provide for the appointment of a deputy head teacher to be on the recommendation of a selection panel, they shall provide that where the head teacher is not a member of the panel—

(a)he may be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b)whether or not he attends any such proceedings, he shall be consulted by the panel before they make any recommendation to the [F1local authority].

(3)No provision similar to that set out in paragraph 3(2) is required in the articles in relation to the appointment of a deputy head teacher.

Appointment of other staff: generalE+W

5(1)The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3).E+W

(2)Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the [F1local authority] shall decide whether, if the post is not a new one, it should be retained.

(3)If the authority decide that the post should be retained or it is a new post, they shall—

(a)advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;

(b)fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

(4)Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending—

(a)the return to work of the holder of the post in question, or

(b)the taking of any steps required by the articles in relation to the vacancy in question.

Appointment of other staff: vacancy advertisedE+W

6(1)The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).E+W

(2)Where the [F1local authority] decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.

(3)Where the vacancy is advertised, the governing body shall—

(a)interview such applicants for the post as they think fit, and

(b)where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.

(4)If the governing body are unable to agree on a person to recommend to the authority, they shall—

(a)repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,

(b)where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and

(c)where the vacancy is re-advertised, repeat those steps.

(5)If the authority decline to appoint a person recommended by the governing body, the governing body shall—

(a)where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b)recommend another of the applicants interviewed by them, if they think fit,

(c)ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

(d)where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).

(6)Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless—

(a)they decide that the post is to be removed from the complement of the school, or

(b)they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

(7)Whenever governors meet to discuss the appointment or an applicant is interviewed—

(a)the head teacher (if he would not otherwise be entitled to be present), and

(b)such person (if any) as the authority appoint to represent them,

shall be entitled to be present for the purpose of giving advice.

Appointment of other staff: vacancy not advertisedE+W

7(1)The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).E+W

(2)Where the vacancy is not advertised, the governing body—

(a)shall be entitled to determine a specification for the post in consultation with the head teacher, and

(b)if they do so, shall send a copy of it to the [F1local authority].

(3)When considering whom to appoint to the post, the authority shall—

(a)have regard to any such specification, and

(b)consult the governing body and the head teacher.

Delegation of functions under paragraph 6 or 7E+W

8(1)The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).E+W

(2)The governing body shall have power, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to delegate any of the functions which are theirs by virtue of paragraph 6 or 7—

(a)to one or more governors,

(b)to the head teacher, or

(c)to one or more governors and the head teacher acting together.

(3)In such a case, the provision made by virtue of paragraph 6(6) shall apply with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

Restriction on making appointment where vacancy advertisedE+W

9E+WWhere a [F1local authority] have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless—

(a)his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or

(b)they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

Consultation by [F1local authority] before appointing certain non-teaching staffE+W

10E+WThe articles of government for a county, controlled, special agreement or maintained special school shall require the [F1local authority] to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—

(a)in a teaching post,

(b)in a non-teaching post which is part of the complement of the school, or

(c)solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

Dismissal etc. of staffE+W

11(1)The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) to (7).E+W

(2)The [F1local authority] shall consult the governing body and (except where he is the person concerned) the head teacher before—

(a)dismissing a person to whom sub-paragraph (3) applies, or

(b)otherwise requiring such a person to cease to work at the school, or

(c)permitting such a person to retire in circumstances in which he would be entitled to compensation for premature retirement.

(3)This sub-paragraph applies to any person who is—

(a)employed in a post which is part of the complement of the school, or

(b)employed to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

(4)Where a teacher at the school is required to complete an initial period of probation, the [F1local authority] shall consult the governing body and the head teacher before—

(a)extending his period of probation, or

(b)deciding whether he has completed it successfully.

(5)Where the governing body recommend to the [F1local authority] that a person should cease to work at the school, the authority shall consider their recommendation.

(6)Both the governing body and the head teacher shall have power to suspend a person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(7)The governing body or head teacher shall—

(a)when exercising that power, immediately inform the [F1local authority] and the head teacher or (as the case may be) governing body, and

(b)end the suspension if directed to do so by the authority.

(8)In this paragraph “suspend” means suspend without loss of emoluments; and in sub-paragraph (2) the reference to dismissing a person does not include a dismissal under section 143(6) or 144(3) (dismissal of teachers of religious education).

F44SCHEDULE 14E+W

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

Textual Amendments

F44Sch. 14 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/711, reg. 5); S.I. 1999/2323, reg. 2(1), Sch. 1

F45SCHEDULE 15E+W

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

Textual Amendments

F46SCHEDULE 16E+W

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

Textual Amendments

Section 161.

SCHEDULE 17E+W Governors’ annual reports

GeneralE+W

1(1)The articles of government for a county, voluntary or maintained special school shall impose the requirements set out in paragraphs 2 to [F529F].E+W

(2)In those paragraphs “the report” means a governors’ report prepared under section 161.

Textual Amendments

F52Word in Sch. 17 para. 1(1) substituted (10.1.1997) by S.I. 1996/3210, art. 2(2)

2E+WThe report shall be as brief as is reasonably consistent with the requirements as to its contents.

Requirements as to contentsE+W

3E+WWhere there is an obligation on the governing body (by virtue of section 162) to hold an annual parents’ meeting, the report shall—

(a)give details of the date, time and place for the next annual parents’ meeting and its agenda;

(b)indicate that the purpose of that meeting will be to discuss both the governors’ report and the discharge by the governing body, the head teacher and the [F1local authority] of their functions in relation to the school; and

(c)report on the consideration which has been given to any resolutions passed at the previous annual parents’ meeting.

4E+WThe report shall—

(a)give the name of each governor and indicate whether he—

(i)is a parent, teacher or foundation governor,

(ii)was co-opted or otherwise appointed as a governor, or

(iii)is an ex officio governor;

(b)in the case of an appointed governor, say by whom he was appointed;

(c)in relation to each governor who is not an ex officio governor, give the date on which his term of office comes to an end; and

(d)name, and give the address of, the chairman of the governing body and their clerk.

5E+WThe report shall give such information as is available to the governing body about arrangements for the next election of parent governors.

6E+WThe report shall contain a financial statement—

(a)reproducing or summarising any financial statement of which a copy has been provided to the governing body by the [F1local authority] under section 122 or 124 since the last governors’ report was prepared under section 161;

(b)indicating, in general terms, how any sum made available to the governing body by the authority—

(i)in respect of the school’s budget share, or

(ii)under section 125,

in the period covered by the report was used;

(c)giving details of the application of any gifts made to the school in that period; and

(d)stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.

7E+WThe report shall give such information about—

(a)public examinations and other assessments of pupils’ achievements,

(b)pupils’ absences from the school,

(c)the continuing education of pupils leaving the school, and

(d)the employment or training taken up by such pupils,

as is required to be published by virtue of section 414(6) and (7).

[F537AE+WThe report shall give the information about public examinations and other assessments of pupils’ achievements—

(a)at schools in England (where the school is in England), or

(b)at schools in Wales (where the school is in Wales),

which has most recently been made available to the governing body by the Secretary of State.]

Textual Amendments

F53Sch. 17 para. 7A added (10.1.1997) by S.I. 1996/3210, art. 2(3)

8E+WThe report shall describe what steps have been taken by the governing body to develop or strengthen the school’s links with the community (including links with the police).

9E+WThe report shall draw attention to the information made available by the governing body in accordance with regulations made under section 408 so far as relating to the matters mentioned in subsection (2)(b) of that section (information as to educational provision made for pupils at the school and syllabuses followed by them).

[F549AE+WThe report shall summarise, where the school is in England, the nature, amount and purpose of training and professional development undertaken by the school’s teaching staff in the period since the last governors’ report was prepared under section 161, identifying in particular the nature, amount and purpose of any training and professional development so undertaken on any day when the staff were required to be available for work but were not required to teach pupils.]

Textual Amendments

F54Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

F559BE+WThe report shall give, where the school is in Wales, such information about any targets for improvement set by the governing body in respect of the performance of pupils at the school as is required to be published by virtue of regulations made under section 414(6).

Textual Amendments

F55Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

F569CE+WThe report shall describe in general terms—

(a)the arrangements made for the security of the pupils and staff at the school and the school premises, and

(b)any changes to those arrangements since the last governors’ report was prepared under section 161.

Textual Amendments

F56Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

F579DE+WThe report shall indicate in relation to the period since the last governors’ report was prepared under section 161—

(a)to what extent the aims of the governing body with respect to sport at the school have been attained; and

(b)any notable sporting achievements of the school’s teams during that period.

Textual Amendments

F57Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

F589EE+WThe report shall give the dates of the beginning and end of each school term, and of half-term holidays, for the next school year.

Textual Amendments

F58Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

F599FE+WThe report shall summarise any changes to information contained in the school prospectus since it was last published pursuant to regulations made under section 414(6).

Textual Amendments

F59Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

Power of Secretary of State to make amendmentsE+W

10E+WThe Secretary of State may by order amend the preceding provisions of this Schedule.

Section 162.

SCHEDULE 18E+W Annual parents’ meetings

Proceedings at an annual parents’ meetingE+W

1E+WThe articles of government for a county, voluntary or maintained special school shall provide for the proceedings at an annual parents’ meeting to be under the control of the governing body.

2(1)The articles of government for a county, voluntary or maintained special school shall provide for any annual parents’ meeting at which the required number of parents of registered pupils at the school are present to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting.E+W

(2)In sub-paragraph (1) “the required number”, in relation to a school, means any number equal to or greater than 20 per cent. of the number of registered pupils at the school.

3E+WNo person who is not a parent of a registered pupil at the school may vote on any question put to an annual parents’ meeting.

Consideration of resolutions passed at an annual parents’ meetingE+W

4(1)The articles of government for a county, voluntary or maintained special school shall require the governing body—E+W

(a)to consider any resolution which is duly passed at an annual parents’ meeting and which they consider is a matter for them;

(b)to send to the head teacher a copy of any resolution which is so passed and which they consider is a matter for him; and

(c)to send to the [F1local authority] a copy of any resolution which is so passed and which they consider is a matter for the authority.

(2)The articles of government shall in addition—

(a)require the head teacher to consider any resolution a copy of which has been sent to him by virtue of sub-paragraph (1)(b) and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report; and

(b)require the [F1local authority] to do likewise in relation to any resolution a copy of which has been sent to them by virtue of sub-paragraph (1)(c).

Determination of question whether person is to be treated as pupil’s parentE+W

5(1)The articles of government for a county, controlled or maintained special school shall provide for any question whether any person is to be treated, for the purposes of any provision of the articles relating to the annual parents’ meeting, as the parent of a registered pupil at the school to be determined by the [F1local authority].E+W

(2)The articles of government for an aided or a special agreement school shall provide for any such question to be determined by the governing body.

Section 166.

SCHEDULE 19E+W Conduct and staffing of new county, voluntary and maintained special schools

Part IE+W General

Articles of government for new schoolsE+W

1(1)The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99.E+W

(2)Before making an order under section 127 as to the articles of government for a new school, the [F1local authority] shall consult the temporary governing body and the head teacher.

(3)Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

(a)secure the agreement of the temporary governing body to the terms of the proposed order, and

(b)secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(4)Where a [F1local authority] propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(5)On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Textual Amendments

Modifications etc. (not altering text)

C7Sch. 19 para. 1(1) modified (1.1.1999) by S.I. 1998/3097, reg. 6

2E+WSection 129(2) (amendment of articles) shall not apply in relation to a new school; but if the articles of government for a new county or voluntary school contain any provisions to which section 129(1) would apply during any period when the school had a delegated budget (“inconsistent provisions”) they shall also include in relation to each inconsistent provision the statement required by section 129(3).

Conduct of new schools: generalE+W

3E+WThe determination of those matters relating to the conduct of a new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.

Modifications etc. (not altering text)

C8Sch. 19 para. 3 modified (1.1.1999) by S.I. 1998/3097, reg. 7

4E+WRegulations may make in relation to consultation with temporary governing bodies provision similar to the provision that may be made in relation to consultation with governing bodies by regulations under section 131 (consultation not required in urgent cases).

Part IIE+W Staffing of new schools: financial delegation not proposed

Modifications etc. (not altering text)

C9Sch. 19 Pt. II modified (temp from 1.4.1999) by S.I. 1999/638, regs. 1, 5

Staffing of new county, controlled or maintained special schoolsE+W

5E+WSubject to paragraph 19(4), paragraphs 6 to 11 apply in relation to any new school for which a temporary governing body have been constituted and which will be a county, controlled or maintained special school.

6(1)The complement of teaching and non-teaching posts for the school shall be determined by the [F1local authority].E+W

(2)Section 133(2) and (3) (staff complements) shall apply in relation to a complement determined under this paragraph.

7(1)Whenever a selection panel is required by virtue of paragraph 8 or 9, it shall be constituted in accordance with this paragraph.E+W

(2)A selection panel shall consist of—

(a)such number of persons appointed to it by the [F1local authority], and

(b)such number of temporary governors appointed to it by the temporary governing body,

as the authority shall determine.

(3)Neither of the numbers so determined shall be less than three; and the number determined in relation to appointments made by the temporary governing body shall not be less than the number determined in relation to appointments made by the authority.

(4)The temporary governing body and the authority may replace, at any time, any member of a selection panel whom they have appointed.

(5)Regulations may make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.

8(1)Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (appointment of head teacher) shall apply in relation to the appointment of a head teacher for the school—E+W

(a)as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b)subject to any necessary modifications.

(2)Where—

(a)two or more schools are to be discontinued (“the discontinued schools”), and

(b)the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to the new school,

the [F1local authority] may, in consultation with the temporary governing body, appoint one of the head teachers of the discontinued schools as the first head teacher for the new school, instead of following the procedure set out in sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (as applied by sub-paragraph (1) above).

(3)If the post of head teacher is vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.

9(1)Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 shall apply in relation to the appointment of a deputy head teacher for the school—E+W

(a)as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b)subject to any necessary modifications.

(2)If the [F1local authority] so decide, those provisions of Schedule 13 shall not so apply and instead the general staff appointment provisions shall apply in relation to the appointment of a deputy head teacher for the school—

(a)as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b)subject to any necessary modifications.

(3)Where (in accordance with sub-paragraph (1)) the appointment of a deputy head teacher is on the recommendation of a selection panel and the head teacher is not a member of the panel, the head teacher—

(a)shall be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b)whether or not he attends any such proceedings, shall be consulted by the panel before they make any recommendation to the [F1local authority].

(4)In this paragraph and paragraph 10 “the general staff appointment provisions” means the following provisions of Schedule 13—

(a)paragraph 5(3);

(b)paragraph 6(2) to (7);

(c)paragraph 7(2) and (3); and

(d)paragraph 8(2) and (3).

10(1)The general staff appointment provisions shall apply in relation to the appointment of a person to a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).E+W

(2)The [F1local authority] shall consult the temporary governing body and the head teacher before appointing any person to work solely at the school otherwise than—

(a)in a teaching post,

(b)in a non-teaching post which is part of the complement of the school, or

(c)solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

(3)This paragraph does not apply in relation to a temporary appointment pending—

(a)the return to work of the holder of the post in question, or

(b)the taking of any steps required by virtue of this Schedule in relation to the vacancy in question.

(4)Paragraph 9(4) applies for the purposes of this paragraph.

11(1)The clerk to the temporary governing body shall be appointed by the [F1local authority].E+W

(2)When the arrangement for the constitution of the temporary governing body comes to an end under section 96 or 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of a clerk under section 135.

Textual Amendments

Modifications etc. (not altering text)

C10Sch. 19 para. 11(2) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(f)

12E+WSubject to paragraph 19(4), a [F1local authority] shall, in discharging their duty under paragraph 21 of Schedule 9 (temporary governing bodies) to provide information to the temporary governing body of a new school which will be a county, controlled or maintained special school, inform the temporary governing body, in particular—

(a)of the number of members of any selection panel required by virtue of paragraph 8 or 9 above who are to be appointed by the authority and the number who are to be appointed by the temporary governing body;

(b)where the authority intend to exercise the power conferred on them by paragraph 8(2) above, of their intention to do so;

(c)of the provision which is to apply in relation to the appointment of the deputy head teacher of the school;

(d)of the complement of staff for the school; and

(e)of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Staffing of new aided schoolsE+W

13E+WSubject to paragraph 19(5), paragraphs 14 to 16 apply in relation to a new school which will be an aided school.

14E+WSubject to paragraph 15(1), the [F1local authority] and the temporary governing body shall have the same powers, and be under the same duties, for the purposes of the appointment and dismissal of staff at the school as would the authority and the governing body for an aided school whose articles of government provided for—

(a)staff employed solely in connection with the provision of school meals to be appointed by the authority, and

(b)other staff employed at the school to be appointed by the governing body.

15(1)The first appointment of a clerk to the temporary governing body shall be made by the promoters of the school (that is, the persons making the relevant proposals).E+W

(2)When the arrangement for the constitution of the temporary governing body comes to an end under section 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

Modifications etc. (not altering text)

C11Sch. 19 para. 15(2) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(f)

16(1)The [F1local authority] shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of any determination, prohibition or direction they intend to make or give pursuant to subsection (2)(b), (4)(a) or (b) or (5) of section 134 (staffing of aided schools).E+W

(2)The authority shall, in discharging their duty under paragraph 21 of Schedule 9 to provide information to the temporary governing body of a new school which will be an aided school, inform the temporary governing body, in particular, of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Expenditure on staff for new schoolsE+W

17E+WWhere a temporary governing body are constituted for a new school, the [F1local authority] shall be under the same duty to defray the expenses incurred in relation to the staff appointed in accordance with paragraphs 6 to 11 or (as the case may be) 14 and 15, as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Part IIIE+W Staffing of new schools: financial delegation proposed

Modifications etc. (not altering text)

C12Sch. 19 Pt. III modified (temp. from 1.4.1999) by S.I. 1999/638, regs. 1, 5

Adaptation of referencesE+W

18E+WFor the purposes of the application (in accordance with paragraphs 19 to 24) of sections 136 to 141 and Schedule 14 in relation to new schools which will be county or voluntary schools—

(a)references to the governing body of a school shall be read as including the temporary governing body of a new school;

(b)references to a county school shall be read as including a new school which on implementation of the relevant proposals will be a county school; and

(c)references to a voluntary school of a particular category, or maintained by a particular [F1local authority], shall be read as including a new school which on implementation of the relevant proposals will be a voluntary school of that category, or maintained by that authority.

Application or otherwise of provisions about staffingE+W

19(1)Subject to paragraphs 20 to 24, section 136 or (as the case may be) section 137 (staffing of county or voluntary schools with delegated budgets) shall apply to a new school which on implementation of the relevant proposals will be a school of a category to which that section applies not only at any time when (by virtue of Schedule 12) the new school has a delegated budget but also at any time when it has a temporary governing body and sub-paragraph (2) or (3) is satisfied.E+W

(2)This sub-paragraph is satisfied if the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposals.

(3)This sub-paragraph is satisfied if the [F1local authority] propose to exercise any power under the scheme to delegate the management of the school’s budget share for a financial year by making such a delegation—

(a)to the temporary governing body before the implementation of the relevant proposals, or

(b)to the governing body of the school on implementation of those proposals.

(4)Paragraphs 6 to 12 of this Schedule shall not apply in relation to a new school to which section 136 for the time being applies.

(5)Paragraphs 14 to 16 of this Schedule shall not apply in relation to a new school to which section 137 for the time being applies.

20E+WSections 136, 137 and 138 and Schedule 14 (staffing of schools with delegated budgets) shall apply, in the case of a new school, for the purposes only of—

(a)the appointment of staff at the school, and

(b)the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school following implementation of the relevant proposals.

21E+WIn the case of a new school which is a proposed county, controlled, aided or special school, no appointments of staff for the school shall be made by the [F1local authority] before the constitution of a temporary governing body for the school.

22E+WSection 139(2) and (5) (payments in respect of dismissal) shall not apply in relation to a new school.

23E+WAny provision included in a scheme by virtue of subsection (3) of section 140 (community schools), so far as it relates to the appointment of staff at a school to which that section applies, shall apply in relation to a new school which on implementation of the relevant proposals will be a school to which that section applies.

24(1)Section 141 (amendment of articles) shall not apply in relation to a new school.E+W

(2)The [F1local authority] shall, however, incorporate—

(a)the statement mentioned in section 141(2) in the articles of government for a new school which will be a county or controlled school and to which section 136 applies, or

(b)the statement mentioned in section 141(3) in the articles of government for a new school which will be an aided school and to which section 137 applies.

Part IVE+W Other matters relating to conduct etc. of new schools

Preparation of curriculumE+W

25(1)The head teacher of a new school for which a temporary governing body have been constituted shall, in preparing to discharge his functions under Part V in relation to the curriculum for the school, consult that body and the [F1local authority].E+W

(2)Any authority who have been consulted under this paragraph shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.

School terms, holidays and sessionsE+W

26(1)Pending the coming into force of the articles of government for a new school which will be a county or controlled school—E+W

(a)the dates when the school terms and holidays are to begin and end shall be determined by the [F1local authority], and

(b)the times of the school sessions shall be determined by the temporary governing body after consultation with the authority.

(2)Pending the coming into force of the articles of government for a new school which will be an aided school—

(a)the dates and times when the school terms and holidays are to begin and end, and

(b)the times of the school sessions,

shall be determined by the temporary governing body.

(3)In this paragraph “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

DisciplineE+W

27E+WPending the coming into force of the articles of government for a new school, section 154(2) to (6) (responsibility for discipline) shall apply—

(a)in relation to the head teacher, and

(b)subject to any necessary modifications, in relation to the temporary governing body,

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).

Reports and informationE+W

28(1)A temporary governing body shall provide the [F1local authority] with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time).E+W

(2)The head teacher of a new school for which a temporary governing body have been constituted shall provide that body or (as the case may be) the [F1local authority] with such reports in connection with the discharge of his functions as that body or the authority may require (either on a regular basis or from time to time).

(3)In the case of a new school which will be an aided school—

(a)the [F1local authority] shall notify the temporary governing body of any requirement imposed by them on the head teacher under sub-paragraph (2), and

(b)the head teacher shall provide the temporary governing body with a copy of any report which he makes in complying with any such requirement.

Consultation on expenditure by [F1local authority]E+W

29(1)Where a temporary governing body have been constituted for a new school, the [F1local authority] shall consult that body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.E+W

(2)Sub-paragraph (1) does not apply in relation to a new school which has a delegated budget.

F60SCHEDULE 20E+W

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

Textual Amendments

F60Sch. 20 repealed (1.10.1998 so far as relating to the repeal of Pt. I and otherwise 1.4.1999) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1

F61SCHEDULE 21E+W

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

Textual Amendments

Section 218(4).]

F62[SCHEDULE 22E+W Governing bodies of grant-maintained schools

Textual Amendments

F62Sch. 22 repealed (1.4.1999 so far as relating to the repeal of para. 15 and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(1), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV

IntroductoryE+W

1E+WIn this Schedule—

  • school” means a grant-maintained school, and

  • instrument”, in relation to a school, means the instrument of government for the school.

Election of governorsE+W

2E+WThe instrument for a school may make provision—

(a)as to the procedure for the election of members of the governing body, and

(b)for the determination of any questions arising in connection with, or matters relating to, such elections.

Disqualification for, tenure of and removal from officeE+W

3E+WA person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.

4E+WThe instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.

5E+WSubject to paragraph 10, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.

6(1)Subject to paragraph 10, the instrument for a school must make the following provision for the term of office of—E+W

(a)first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

(b)where there are sponsor governors, those governors.

(2)Except where sub-paragraph (3), (4) or (5) applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(3)The initial instrument must provide, except where sub-paragraph (4) or (5) applies—

(a)subject to paragraph (b), for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and

(b)in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

(4)Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 230(2) is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

(5)Any first governor appointed in pursuance of provision made in the instrument by virtue of section 227 is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7E+WNo provision made in the instrument by virtue of paragraph 5, 6 or 10 shall be taken to prevent a governor—

(a)from being elected or appointed for a further term, or

(b)from being disqualified, by virtue of paragraph 3 or any provision made by virtue of paragraph 4, for continuing to hold office.

8E+WThe instrument for a school must provide that any member of the governing body may at any time resign his office.

9(1)The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.E+W

(2)For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 228(7)(b).

Initial appointments: terms of officeE+W

10(1)The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3).E+W

(2)In the case of a governing body incorporated under Chapter II of Part III—

(a)an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

(b)an initial governor of an elected category who was elected under section 234, or elected or nominated under section 237 to hold office as such, shall hold office for a term of four years.

(3)An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(4)In the case of a governing body incorporated under Chapter IV of Part III, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.

Meetings and proceedingsE+W

11E+WThe proceedings of the governing body of a school shall not be invalidated by—

(a)any vacancy among their number, or

(b)any defect in the election or appointment of any governor.

12E+WSubject to the provisions of Chapter V of Part III and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.

13(1)The instrument for a school may make provision as to the meetings and proceedings of the governing body.E+W

(2)The provision that may be made in pursuance of this paragraph includes, in particular, provision—

(a)as to the election of a chairman and vice-chairman,

(b)as to the establishment, constitution, meetings and proceedings of committees,

(c)for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and

(d)as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.

(3)The provision mentioned in sub-paragraph (2)(b) may provide for a committee to include persons who are not members of the governing body.

(4)The instrument shall make provision for an appeal committee for the purposes of paragraph 6(1) of Schedule 23 to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

(5)A person is eligible to be a lay member for the purposes of sub-paragraph (4) if—

(a)he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and

(b)he does not have, and has not at any time had, any connection with—

(i)the school, or

(ii)any person who is a member of, or employed by, the governing body of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Information as to meetings and proceedingsE+W

14(1)Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.E+W

(2)Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Allowances for governorsE+W

F6315E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Seal etc.E+W

16(1)The application of the seal of the governing body of a school must be authenticated by the signature—E+W

(a)of the chairman of the governing body, or

(b)of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(2)Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school and—

(a)to be duly executed under the seal of the governing body, or

(b)to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 218(5).

SCHEDULE 23E+W Content of articles of government for grant-maintained schools

Modifications etc. (not altering text)

C13Sch. 23 modified (temp.) (1.9.1998) by S.I. 1998/1948, reg. 3(1)(2), Sch. para. 9(1)(2)

IntroductoryE+W

1E+WIn this Schedule—

  • school” means a grant-maintained school, and

  • articles”, in relation to a school, means the articles of government for the school.

Performance and delegation of functionsE+W

2(1)The articles must make provision as to the functions to be exercised in relation to the school by—E+W

(a)the Secretary of State,

(b)the funding authority,

(c)the governing body,

(d)any committee or other body established by the governing body,

(e)the head teacher, and

(f)any other persons specified in or determined under the articles.

(2)The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.

(3)The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purposes of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

StaffE+W

3(1)The articles must include provision as to—E+W

(a)disciplinary rules and procedures applicable to members of the staff of the school, and

(b)procedures for giving them opportunities for seeking redress of any grievances relating to their employment.

(2)The articles must also include provision as to arrangements—

(a)for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,

(b)for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and

(c)for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.

CurriculumE+W

4(1)The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapters I and II of Part V and sections 384, 388, 389, 400 and 408.E+W

(2)The articles must include provision as to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of those duties.

(3)The articles must require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—

(a)which are made to them by any persons connected with the community served by the school, or

(b)which are made to them by the chief officer of police and are connected with his responsibilities.

Admission arrangementsE+W

5(1)The articles must—E+W

(a)provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school; and

(b)include provision as to the policy to be followed in deciding admissions.

(2)The articles must also require the governing body to publish, for each school year, particulars of—

(a)the arrangements for admission of pupils to the school; and

(b)the procedures applicable under the articles in relation to the admission of pupils to the school.

Appeals relating to admission and exclusion of pupilsE+W

6(1)The articles must include provision as to the arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken—E+W

(a)by the governing body, or

(b)by any persons authorised under the articles to take any decision or action of the kind in question,

in relation to admissions of pupils to the school or the permanent exclusion of a pupil from the school.

(2)The articles must enable the governing body to make such arrangements jointly with the governing body of one or more other grant-maintained schools.

F64[(2A)Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals—

(a)do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and

(b)have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).]

(3)The articles must require the governing body to publish, for each school year, particulars of any arrangements made by them in respect of appeals by parents against any such decision or action in relation to admissions of pupils to the school as is mentioned in sub-paragraph (1) above.

Textual Amendments

F64Sch. 23 para. 6(2A) inserted (1.9.1997 except in relation to the insertion of para. 6(2A)(a), as to which the insertion came into force on 1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 49(3); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II (with transitional provisions); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV (with transitional provisions); and Sch. 7 para. 49 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Annual reportsE+W

7(1)The articles must require the governing body to prepare once in every school year a report in such form and containing such information as the articles may require.E+W

(2)The articles must require the governing body to take such steps as are reasonably practicable to secure that—

(a)the registered parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report, and

(b)copies of the report are available for inspection (at all reasonable times and free of charge) at the school.

Annual parents’ meetingsE+W

8(1)The articles must require the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—E+W

(a)all parents of registered pupils at the school, and

(b)such other persons as the governing body may invite.

(2)The articles must include provision as to—

(a)the procedure to be followed and the matters to be considered at such a meeting,

(b)the determination of any questions arising in connection with such a meeting, and

(c)the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of, or in connection with, such a meeting or any resolutions passed at it.

Section 222.

SCHEDULE 24E+W Categories of governors

Part IE+W Introductory

ApplicationE+W

1(1)This Schedule applies, in relation to the governing body of a grant-maintained school, for the purposes of Part III.E+W

(2)Part II of this Schedule applies for the purpose of determining who are to be the initial governors of a grant-maintained school.

(3)Part III of this Schedule applies for the purpose of determining who are to be the governors of a grant-maintained school on and after the incorporation date.

General interpretationE+W

2E+WReferences to an initial governor are to any person who becomes a member of the governing body on the incorporation date.

3E+WReferences to a governor of an elected category are to a person who is a parent or teacher governor as defined by section 78(3) or (4) or is such a governor within the meaning of this Schedule.

4E+WIn relation to any proposals for acquisition of grant-maintained status in respect of a school, a person who is a governor of an elected category on the existing governing body of the school is an eligible governor of that category if—

(a)his term of office as a governor is due to end after the date of implementation of the proposals, and

(b)he has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.

Part IIE+W Initial governors

Parent governorsE+W

5(1)In relation to a governing body to be incorporated under Chapter II of Part III, “parent governor” means—E+W

(a)a person who, immediately before the incorporation date in relation to the school, is a parent governor (as defined by section 78(3)) in relation to the school, or

(b)a person elected or appointed under section 234, or elected, appointed or nominated under section 237, to hold office as an initial parent governor on the governing body.

(2)A person elected under section 234 to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must when he is elected or appointed be such a parent.

(3)A person elected, appointed or nominated under section 237 to hold office as an initial parent governor—

(a)in the case of an election, must be elected by registered parents of registered pupils at the school and must when he is elected be such a parent, and

(b)in the case of an appointment or nomination, must be a registered parent of a registered pupil at the school at the time of his appointment or nomination.

Teacher governorsE+W

6(1)In relation to a governing body to be incorporated under Chapter II of Part III, “teacher governor” means—E+W

(a)a person who, immediately before the incorporation date in relation to the school, is a teacher governor (as defined by section 78(4)) in relation to the school, or

(b)a person elected under section 234, or elected or nominated under section 237, to hold office as an initial teacher governor on the governing body.

(2)A person elected under section 234 to hold office as an initial teacher governor must be elected by teachers at the school and must when he is elected be such a teacher.

(3)A person elected or nominated under section 237 to hold office as an initial teacher governor—

(a)in the case of an election, must be elected by teachers at the school and must when he is elected be such a teacher, and

(b)in the case of a nomination, must be a teacher at the school at the time of his nomination.

First governorsE+W

7(1)In relation to a governing body to be incorporated under Chapter II of Part III, “first governor” means a person who is selected under section 236(1), or nominated under section 238(1), and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.E+W

(2)In relation to a governing body to be incorporated under Chapter IV of Part III, “first governor” means a person appointed by the funding authority who appears to them to be committed to the good government and continuing viability of the proposed school.

Foundation governorsE+W

8(1)In relation to a governing body to be incorporated under Chapter II of Part III, “foundation governor” means—E+W

(a)a person who is selected under section 236(2) or nominated under section 238(2),

(b)where the statement annexed (under paragraph 2 of Schedule 20) to the proposals for acquisition of grant-maintained status describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the school is such as is indicated in the statement, and

(c)where there is a trust deed relating to the school, a person who is appointed for the purpose of securing that the school is conducted in accordance with the deed.

(2)In relation to a governing body to be incorporated under Chapter IV of Part III, “foundation governor” means—

(a)a person who is appointed by the promoters,

(b)where the statement annexed under paragraph 8 of Schedule 20 to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the proposed school is such as is indicated in the statement, and

(c)where there is a trust deed relating to the proposed school, a person who is appointed for the purpose of securing that the proposed school is conducted in accordance with that deed.

Sponsor governorsE+W

9E+WIn relation to a governing body to be incorporated under Chapter II of Part III, “sponsor governor” means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.

Part IIIE+W Governors other than initial governors

Parent governorsE+W

10(1)Parent governor” means a person who—E+W

(a)is elected by registered parents of registered pupils at the school,

(b)is appointed under a provision of the instrument of government made by virtue of section 223(3),

(c)is appointed by virtue of section 223(6), or

(d)is an initial parent governor.

(2)To qualify for such election, the person must when he is elected be a registered parent of a registered pupil at the school.

Teacher governorsE+W

11(1)Teacher governor” means a person who—E+W

(a)is elected by teachers at the school,

(b)is appointed by virtue of section 224(4), or

(c)is an initial teacher governor.

(2)To qualify for such election, the person must when he is elected be a teacher at the school.

First governorsE+W

12E+WFirst governor” means—

(a)a person appointed by the governing body who appears to them to be committed to the good government and continuing viability of the school,

(b)a person appointed under a provision of the instrument of government made by virtue of section 227 who appears to the person appointing him to be committed to the good government and continuing viability of the school, or

(c)an initial first governor.

Foundation governorsE+W

13E+WFoundation governor” means a person who—

(a)is appointed otherwise than by a [F1local authority] or the funding authority,

(b)where paragraph 8(1)(b) or (2)(b) applies, is appointed for the purpose there referred to, and

(c)where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that deed.

Sponsor governorsE+W

14E+WSponsor governor” means—

(a)a person appointed by a person named in the instrument of government as a sponsor of the school,

(b)while the instrument of government is the initial instrument, a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school, or

(c)an initial sponsor governor.

Section 285.

SCHEDULE 25E+W Core governors for groups

IntroductoryE+W

1E+WThe provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.

Kinds of core governorE+W

2(1)Core governors may be either—E+W

(a)appointed by the governing body, or

(b)externally appointed.

(2)Externally appointed core governors may be either—

(a)appointed in respect of a particular school in the group, being a school—

(i)which was a voluntary school immediately before it became grant-maintained, or

(ii)which was established in pursuance of proposals published under section 212, or

(b)where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.

(3)A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.

(4)A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—

(a)(where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and

(b)(where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.

(5)Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.

(6)A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.

Groups consisting only of former voluntary schools or section 212 schoolsE+W

3(1)This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b).E+W

(2)The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.

(3)Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).

(4)In respect of each school in the group there must be the same number of externally appointed core governors.

(5)The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).

Other groupsE+W

4(1)This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b).E+W

(2)If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.

(3)The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.

(4)In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.

(5)In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).

(6)The number of core governors must be such number, not being—

(a)less than five, or

(b)(subject to paragraph (a)) more than the number of schools in the group,

as will secure that they and the parent governors outnumber the other governors.

(7)Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).

F65[Schedule 25AE+W Appeals against exclusion of pupils from grant-maintained schools

Textual Amendments

F65Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (with transitional provisions)

F66 IntroductoryE+W

Textual Amendments

F66Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F671E+WIn this Schedule—

  • appeal” means an appeal mentioned in section 307A;

  • appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;

  • the relevant person” means—

    (a)

    in relation to a pupil under the age of 18, a parent of his;

    (b)

    in relation to a pupil who has attained that age, the pupil himself.

Textual Amendments

F67Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F68 Procedure on appealE+W

Textual Amendments

F68Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F692E+WAn appeal shall be by notice in writing setting out the grounds on which it is made.

Textual Amendments

F69Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F703(1)Subject to sub-paragraph (2), the appeal committee shall meet to consider an appeal—E+W

(a)within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b)if the governing body have determined a shorter period, within that period.

(2)The governing body may extend the period within which the appeal committee are to consider an appeal where—

(a)the relevant person requests them to do so; and

(b)they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.

Textual Amendments

F70Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F714(1)For the purpose of fixing the time (falling within the period mentioned in paragraph 3) at which the hearing of an appeal is to take place, the governing body shall take reasonable steps to ascertain any times falling within that period when—E+W

(a)the relevant person, or

(b)any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 5,

would be able to attend.

(2)Where in accordance with sub-paragraph (1) the governing body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

Textual Amendments

F71Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F725(1)The appeal committee shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.E+W

(2)The appeal committee shall allow—

(a)the head teacher and a member of the governing body to make written representations;

(b)the head teacher and a member of the governing body to appear and make oral representations; and

(c)the governing body to be represented.

Textual Amendments

F72Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F736E+WAn appeal shall be held in private except when otherwise directed by the governing body, but any member of the Council on Tribunals may attend as an observer any meeting of the appeal committee at which an appeal is considered.

Textual Amendments

F73Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F747E+WTwo or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

Textual Amendments

F74Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F758(1)In deciding whether the pupil in question should be reinstated (and, if so, the time when this should take place), the appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.E+W

(2)In making its decision on an appeal, the appeal committee shall also have regard to the measures publicised by the head teacher under section 306A(7).

(3)Sub-paragraphs (1) and (2) do not apply where the appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4)Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

Textual Amendments

F75Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F769E+WIn the event of a disagreement between the members of the appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

Textual Amendments

F76Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7710E+WSubject to paragraph 11, the decision of the appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the governing body, the head teacher and the [F1local authority] to whose area the pupil belongs within—

(a)the period ending with the 17th school day after the day on which the appeal is lodged; or

(b)if the governing body have determined a shorter period, that period.

Textual Amendments

F77Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7811E+WWhere the governing body extend the period for the consideration of an appeal in accordance with paragraph 3(2), they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.

Textual Amendments

F78Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7912E+WSubject to paragraphs 2 to 11, all matters relating to the procedure on appeals shall be determined by the governing body.

Textual Amendments

F79Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F8013(1)Subject to sub-paragraph (2), where joint arrangements for appeals have been made in accordance with paragraph 6(2) of Schedule 23 (content of articles of government), paragraphs 2 to 12 shall have effect in respect of appeals to committees established in accordance with the joint arrangements.E+W

(2)In the case of any appeal made in pursuance of the joint arrangements—

(a)paragraphs 3, 4, 6, 10(b), 11 and 12 shall have effect as if for “the governing body” there were substituted “the governing body and the governing body of every other school which is a party to the arrangements, acting jointly”; and

(b)paragraphs 5(2) and 10 (except paragraph 10(b)) shall have effect as if for “the governing body” there were substituted “the governing body against whose decision the appeal is made”.

Textual Amendments

F80Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F81Power of Secretary of State to make amendmentsE+W

Textual Amendments

F81Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F8214E+WThe Secretary of State may by order amend the preceding provisions of this Schedule.]

Textual Amendments

F82Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Section 323.

SCHEDULE 26E+W Making of assessments under section 323

IntroductoryE+W

1E+WIn this Schedule “assessment” means an assessment of a child’s educational needs under section 323.

Medical and other adviceE+W

2(1)Regulations shall make provision as to the advice which a [F1local authority] are to seek in making assessments.E+W

(2)Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc.E+W

3(1)Regulations may make provision—E+W

(a)as to the manner in which assessments are to be conducted,

(b)requiring the [F1local authority], where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

(c)in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

(2)Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under [F83paragraph 2A] of Schedule 27 (amendment of statement by [F1local authority]) of a proposal to amend the statement.

[F84(3)Regulations may provide—

(a)that where a [F1local authority] are under a duty under section 323, 329 or 329A [F85, or under regulations under sub-paragraph (1)(b), ] to serve any notice, the duty must be performed within the prescribed period,

(b)that where a [F1local authority] have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c)that where a request has been made to a [F1local authority] under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d)that where a [F1local authority] are under a duty to make an assessment, the duty must be performed within the prescribed period.

(4)Provision made under sub-paragraph (3)—

(a)may be subject to prescribed exceptions, and

(b)does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.]

Textual Amendments

F83Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F84Sch. 26 para. 3(3)(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 14(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F85Words in Sch. 26 para. 3(3)(a) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(2), 188(2) (with s. 174(4))

Attendance at examinationsE+W

4(1)Where a [F1local authority] [F86are considering whether] to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.E+W

(2)The parent of a child examined under this paragraph may be present at the examination if he so desires.

(3)A notice under this paragraph shall—

(a)state the purpose of the examination,

(b)state the time and place at which the examination will be held,

(c)name an officer of the authority from whom further information may be obtained,

(d)inform the parent that he may submit such information to the authority as he may wish, and

(e)inform the parent of his right to be present at the examination.

OffenceE+W

5(1)Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.E+W

(2)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Section 324.

SCHEDULE 27E+W Making and maintenance of statements under section 324

IntroductoryE+W

[F871E+WIn this Schedule—

  • amendment notice” has the meaning given in paragraph 2A,

  • statement” means a statement under section 324,

  • periodic review” means a review conducted in accordance with section 328(5)(b), and

  • re-assessment review” means a review conducted in accordance with section 328(5)(a).]

Textual Amendments

F87Sch. 27 para. 1 substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 2 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4; S.I. 2001/3992, art. 5, Sch. Pt. II

Copy of proposed statementE+W

[F882(1)Before making a statement, a [F1local authority] shall serve on the parent of the child concerned a copy of the proposed statement.E+W

(2)But that is subject to sub-paragraphs (3) and (4).

(3)The copy of the proposed statement shall not specify any prescribed matter.

(4)The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).]

Textual Amendments

F88Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Amendments to a statementE+W

F892A(1)A [F1local authority] shall not amend a statement except—

(a)in compliance with an order of the Tribunal,

(b)as directed by the Secretary of State under section 442(4), or

(c)in accordance with the procedure laid down in this Schedule.

(2)If, following a re-assessment review, a [F1local authority] propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

(3)Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).

(4)If, following a periodic review, a [F1local authority] propose to amend a statement, they shall serve on the parent of the child concerned—

(a)a copy of the existing statement, and

(b)an amendment notice.

(5)If, at any other time, a [F1local authority] propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.

(6)An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

Textual Amendments

F89Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Provision of additional informationE+W

F902B(1)Sub-paragraph (2) applies when a [F1local authority] serve on a parent—

(a)a copy of a proposed statement under paragraph 2,

(b)a copy of a proposed amended statement under paragraph 2A, or

(c)an amendment notice under paragraph 2A.

(2)The [F1local authority] shall also serve on the parent a written notice explaining (to the extent that they are applicable)—

(a)the arrangements under paragraph 3,

(b)the effect of paragraph 4, and

(c)the right to appeal under section 326.

(3)A notice under sub-paragraph (2) must contain such other information as may be prescribed.

Textual Amendments

F90Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Choice of schoolE+W

3(1)Every [F1local authority] shall make arrangements for enabling [F91a parent—E+W

(a)on whom a copy of a proposed statement has been served under paragraph 2,

(b)on whom a copy of a proposed amended statement has been served under paragraph 2A, or

(c)on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —

(i)the type or name of a school or institution, or

(ii)the provision made for the child concerned under arrangements made under section 319,

to be specified in the statement,] to express a preference as to [F92the maintained school] at which he wishes education to be provided for his child and to give reasons for his preference.

(2)Any such preference must be expressed or made within the period of 15 days beginning—

(a)with the date on which the written notice mentioned in [F93paragraph 2B] was served on the parent, or

(b)if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(3)Where a [F1local authority] make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

(a)the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(4)F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91Words in Sch. 27 para. 3(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 4 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F92Words in Sch. 27 para 3(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 186(2)(a)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F93Words in Sch. 27 para 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 5 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F94Sch. 27 para. 3(4) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 6, Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C14Sch. 27 para. 3 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(e)(10), 162 (with s. 159)

Consultation on specifying name of school in statementE+W

[F953A(1)Sub-paragraph (2) applies if a [F1local authority] are considering—

(a)specifying the name of a maintained school [F96or maintained nursery school] in a statement, or

(b)amending a statement—

(i)if no school was specified in the statement before the amendment, so that a maintained school [F96or maintained nursery school] will be specified in it,

(ii)if a school was specified in the statement before the amendment, so that a different school, which is a maintained school [F96 or maintained nursery school], will be specified in it.

(2)The [F1local authority] shall—

(a)serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and

(b)consult each affected body.

(3)Affected body” means—

(a)the governing body of any school which the [F1local authority] are considering specifying; and

(b)if a school which the [F1local authority] are considering specifying is maintained by another [F1local authority], that authority.]

Textual Amendments

F95Sch. 27 para. 3A inserted (1.1.2002 (E.) 1.4.2002 (W.)) by 2001 c. 10, s. 10 Sch. 1 para. 7 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F96Words in Sch. 27 para. 3A(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 58(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

RepresentationsE+W

4(1)A parent on whom a copy of a proposed statement has been served under paragraph 2 [F97, or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A,] may—E+W

(a)make representations (or further representations) to the [F1local authority] about the content of the [F98proposed statement or the statement as it will have effect if amended in the way proposed by the authority], and

(b)require the authority to arrange a meeting between him and an officer of the authority at which the [F98proposed statement or the statement as it will have effect if amended in the way proposed by the authority] can be discussed.

(2)Where a parent, having attended a meeting arranged by a [F1local authority] under sub-paragraph (1)(b) [F99in relation to—,

(c)a proposed statement, or

(d)an amendment proposed following a re-assessment review,]

disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.

(3)In this paragraph—

  • relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and

  • appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.

(4)Any representations under sub-paragraph (1)(a) must be made within the period of 15 days beginning—

(a)with the date on which the written notice mentioned in [F100paragraph 2B] was served on the parent, or

(b)if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(5)A requirement under sub-paragraph (1)(b) must be made within the period of 15 days beginning with the date on which the written notice mentioned in [F101paragraph 2B] was served on the parent.

(6)A requirement under sub-paragraph (2) must be made within the period of 15 days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b).

Textual Amendments

F97Words in Sch. 27 para. 4(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 8(a) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F98Words in Sch. 27 para. 4(1)(a)(b) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 8(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F99Sch. 27 para. 4(2)(c)(d) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F100Words in Sch. 27 para. 4(4)(a) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 10 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F101Words in Sch. 27 para. 4(5) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 10 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Making the statementE+W

5(1)Where representations are made to a [F1local authority] under paragraph 4(1)(a), the authority shall not make [F102or amend] the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired.E+W

(2)[F103If a [F1local authority] make a statement, it] may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

[F104(2A)If a [F1local authority] amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.

(2B)If a [F1local authority] amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.]

[F105(3)Regulations may provide that, where a [F1local authority] are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.]

(4)Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.

Textual Amendments

F102Words in Sch. 27 para. 5(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 11 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F103Words in Sch. 27 para. 5(2) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F104Sch. 27 para. 5(2A)(2B) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 13 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F105Sch. 27 para. 5(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(a), 188(2) (with s. 174(4))

Service of statementE+W

[F1066(1)Where a [F1local authority] make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.E+W

(2)They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—

(a)the description in the statement of the authority’s assessment of the child’s special educational needs,

(b)the special educational provision specified in the statement (including the name of a school specified in the statement), or

(c)if no school is named in the statement, that fact.

(3)A notice under sub-paragraph (2) must contain such other information as may be prescribed.]

Textual Amendments

F106Sch. 27 para. 6 substituted (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 14 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Keeping, disclosure and transfer of statementsE+W

7(1)Regulations may make provision as to the keeping and disclosure of statements.E+W

(2)Regulations may make provision, where a [F1local authority] become responsible for a child for whom a statement is maintained by another authority, for the transfer of the statement to them and for Part IV to have effect as if the duty to maintain the transferred statement were their duty.

Change of named schoolE+W

8(1)Sub-paragraph (2) applies where—E+W

(a)the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the [F1local authority] to substitute for that name the name of [F107a maintained school ] [F108or maintained nursery school] specified by the parent, and

(b)the request is not made less than 12 months after—

(i)an earlier request under this paragraph,

(ii)the service of a copy of the statement under paragraph 6,

(iii)[F109if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or]

(iv)if [F110the parent has appealed] [F110there is an appeal] to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,

whichever is the later.

(2)The [F1local authority] shall comply with the request unless—

(a)the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(3)Where the [F1local authority] determine not to comply with the request—

(a)they shall give [F111notice in writing of that fact] to the parent of the child, and

(b)the parent of the child may appeal to the Tribunal against the determination.

[F112(3A)A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.]

(4)On the appeal the Tribunal may—

(a)dismiss the appeal, or

(b)order the [F1local authority] to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

(5)Regulations may provide that, where a [F1local authority] are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(6)Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.

Textual Amendments

F108Words in Sch. 27 para. 8(1)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 58(b) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F109Sch. 27 para. 8(1)(b)(iii) repealed (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 10, 42(6), 43, Sch. 1 para. 15(f), Sch. 9 (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

F110Words in Sch. 27 para. 8(1)(b)(iv) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(a) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

F111Words in Sch. 27 para. 8(3)(a) substituted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(1) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

F112Sch. 27 para. 8(3A) inserted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(2) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C15Sch. 27 para. 8 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(e)(10), 162 (with s. 159)

Procedure for amending or ceasing to maintain a statementE+W

9(1)A [F1local authority] may not F113. . . cease to maintain, a statement except in accordance with paragraph F113. . . 11.E+W

(2)Sub-paragraph (1) does not apply where the [F1local authority]

(a)cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, [F114or]

F115(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)are ordered to cease to maintain a statement under section 326(3)(c), F116. . .

F117(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113Words in Sch. 27 para. 9(1) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 16(g), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F114Word in Sch. 27 para. 9(2)(a) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 16(h)(i) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F115Sch. 27 para. 9(2)(b) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II, (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F116Word in Sch 27 para. 9(2)(c) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F117Sch. 27 para 9(2)(d) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F11810E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Sch. 27 para. 10 repealed (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 17, Sch. 9 (with s. 42(13)); S.I 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

11(1)A [F1local authority] may cease to maintain a statement only if it is no longer necessary to maintain it.E+W

(2)Where the [F1local authority] determine to cease to maintain a statement—

(a)they shall give [F119notice in writing of that fact] to the parent of the child, and

(b)the parent of the child may appeal to the Tribunal against the determination.

[F120(2A)A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.]

[F121(2B)Where the [F1local authority] determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.]

(3)On an appeal under this paragraph the Tribunal may—

(a)dismiss the appeal, or

(b)order the [F1local authority] to continue to maintain the statement in its existing form or with such amendments of—

(i)the description in the statement of the authority’s assessment of the child’s special educational needs, or

(ii)the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

(4)Except where [F122the parent of the child appeals] [F122there is an appeal] to the Tribunal under this paragraph, a [F1local authority] may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).

[F123(5)A [F1local authority] may not, under this paragraph, cease to maintain a statement if—

(a)[F124the parent of the child has appealed] [F124there has been an appeal] under this paragraph against the authority’s determination to cease to maintain the statement, and

(b)the appeal has not been determined by the Tribunal or withdrawn.]

Textual Amendments

F119Words in Sch. 27 para. 11(2)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F120Sch. 27 para. 11(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F121Sch. 27 para. 11(2B) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(b), 188(2) (with s. 174(4))

F122Words in Sch. 27 para. 11(4) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(b) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

F123Sch. 27 para. 11(5) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 6 (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F124Words in Sch. 27 para. 11(5)(a) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(c) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

F125SCHEDULE 28E+W

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

Textual Amendments

F129SCHEDULE 29E+W

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

Textual Amendments

F129Sch. 29 repealed (1.3.1998) by 1997 c. 44, s. 57(4), Sch.8; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

F130SCHEDULE 30E+W

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

Textual Amendments

F130Sch. 30 repealed and replaced (1.10.1997) by 1997 c. 44, ss. 27(5), 57(4), Schs. 5,8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III

Section 375.

SCHEDULE 31E+W Agreed syllabuses of religious education

Duty to convene conference to reconsider agreed syllabusE+W

1(1)Where the agreed syllabus for the time being adopted by a [F1local authority] was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus.E+W

(2)Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the M16Education Act 1944.

2(1)A [F1local authority] shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after 1st April 1994).E+W

(2)No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which—

(a)the authority adopted the syllabus, or

(b)the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph 13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed syllabus.

3E+WOn receipt by a [F1local authority] of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

Constitution of conferenceE+W

4(1)A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the [F1local authority] which convenes the conference as are required by sub-paragraph (2).E+W

(2)Those committees are—

(a)a committee of persons representing such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b)except in the case of an area in Wales, a committee of persons representing the Church of England;

(c)a committee of persons representing such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d)a committee of persons representing the authority.

(3)Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.

(4)The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or religion required to be represented shall, so far as is consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

5E+WAny sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.

6E+WOn any question to be decided by the conference or by any sub-committee of the conference, a single vote shall be given for each of the committees constituting the conference.

7(1)Before appointing a person to represent any religion, denomination or associations as a member of a committee, the [F1local authority] shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.E+W

(2)No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).

8E+WA person appointed as a member of a committee—

(a)may resign his membership, or

(b)may be withdrawn from membership by the [F1local authority] if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) of the authority.

9E+WWhere a person resigns or is withdrawn from a committee, the [F1local authority] shall appoint someone in his place in the same manner as that in which they made the original appointment.

Reconsideration of agreed syllabusE+W

10(1)This paragraph applies where a [F1local authority] cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3.E+W

(2)If—

(a)the conference—

(i)unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or

(ii)unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and

(b)it appears to the [F1local authority] that the syllabus or, as the case may be, the new syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain,

the authority may give effect to the recommendation.

(3)If—

(a)the authority report to the Secretary of State that the conference are unable to reach unanimous agreement, or

(b)the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the [F1local authority] consider that sub-paragraph (2)(b) prevents them from giving effect to the recommendation, or

(c)it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference,

the Secretary of State shall proceed in accordance with paragraph 12.

F13111E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Preparation of new syllabus by appointed bodyE+W

12(1)Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of State shall appoint a body of persons having experience in religious education to prepare a syllabus of religious education.E+W

(2)The appointed body shall, so far as is practicable, be of a representative character which is the same as that required by paragraph 4 in the case of a conference.

13(1)The appointed body shall—E+W

(a)give the [F1local authority], the conference and every committee constituting the conference an opportunity of making representations to it;

(b)after considering any such representations made to it, prepare a syllabus of religious education; and

(c)transmit a copy of that syllabus to the authority and to the Secretary of State.

(2)Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.

14E+WThe syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared—

(a)as from such date as the Secretary of State may direct, and

(b)until a new syllabus is adopted for use in those schools, or for pupils of that class or description, in accordance with this Schedule.

Special provisions applicable where order under section 27(1)(b) appliesE+W

F13215E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133SCHEDULE 32E+W

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

Textual Amendments

F134SCHEDULE 33E+W

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

Textual Amendments

F135Schedule 33AE+W

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

Textual Amendments

F155Schedule 33BE+W

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

Textual Amendments

Section 476.

F164SCHEDULE 34E+W Independent Schools Tribunals

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

Textual Amendments

F165SCHEDULE 35E+W

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

Textual Amendments

F165Sch. 35 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(c), 6(3), 7(3)(a), Sch. Pt. I (with s. 1(3))

F166SCHEDULE 35AE+WAcademies: land

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

Textual Amendments

Section 508B

[F167SCHEDULE 35BU.K.Meaning of “eligible child” for purposes of section 508B

Textual Amendments

F167Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)

1U.K.For the purposes of section 508B (travel arrangements for eligible children) an “eligible child” means a child who falls within any of paragraphs 2 to 7 or 9 to 13.

Children with special educational needs, a disability or mobility problemsU.K.

2U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is any of the following—

  • (a)a child with special educational needs;

  • a disabled child;

  • a child with mobility problems,

(b)he is a registered pupil at a qualifying school which is within walking distance of his home,

(c)no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(d)having regard to whichever of the following are relevant—

  • (d)his special educational needs;

  • his disability;

  • his mobility problems,

he cannot reasonably be expected to walk to the school mentioned in paragraph (b).

3U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is any of the following—

  • (a)a child with special educational needs;

  • a disabled child;

  • a child with mobility problems,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(c)having regard to whichever of the following are relevant—

  • (c)his special educational needs;

  • his disability;

  • his mobility problems,

he cannot reasonably be expected to walk to that place.

Children who cannot reasonably be expected to walk because of nature of routesU.K.

4U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is a registered pupil at a qualifying school which is within walking distance of his home,

(b)no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(c)having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to the school mentioned in paragraph (a).

5U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(b)having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to that place.

Children outside walking distance where no suitable alternative arrangements madeU.K.

6U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,

(b)no suitable arrangements have been made by the [F1local authority] for boarding accommodation for him at or near the school, and

(c)no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

7U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(b)that place is not within walking distance of his home,

(c)no suitable arrangements have been made by the [F1local authority] for boarding accommodation for him at or near that place, and

(d)no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

8(1)Where—U.K.

(a)a child of compulsory school age has been excluded from a relevant school,

(b)he remains for the time being a registered pupil at the school, and

[F168(c)the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,]

paragraph 6 has effect as if the place at which [F169the education is provided] were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

(2)For the purposes of sub-paragraph (1)—

(a)relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and

[F170(b)in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under [F171section 51A] of the Education Act 2002.]

Children entitled to free school meals etcU.K.

9U.K.A child falls within this paragraph if—

(a)he has attained the age of 8 but not the age of 11,

(b)he is a registered pupil at a qualifying school which is more than two miles from his home,

(c)no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(d)the appropriate condition is met in relation to him.

10U.K.A child falls within this paragraph if—

(a)he has attained the age of 8 but not the age of 11,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(c)that place is more than two miles from his home, and

(d)the appropriate condition is met in relation to him.

11U.K.A child falls within this paragraph if—

(a)he has attained the age of 11,

(b)he is a registered pupil at a qualifying school which is more than two miles, but not more than six miles, from his home,

(c)there are not three or more suitable qualifying schools which are nearer to his home, and

(d)the appropriate condition is met in relation to him.

12U.K.A child falls within this paragraph if—

(a)he has attained the age of 11,

(b)he is a registered pupil at a qualifying school which is more than two miles, but not more than fifteen miles, from his home,

(c)his parent has expressed a wish, based on the parent's religion or belief, for him to be provided with education at that school,

(d)having regard to the religion or belief on which the parent's wish is based, there is no suitable qualifying school which is nearer to the child's home, and

(e)the appropriate condition is met in relation to him.

13U.K.A child falls within this paragraph if—

(a)he has attained the age of 11,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(c)that place is more than two miles, but not more than six miles, from his home, and

(d)the appropriate condition is met in relation to him.

14(1)For the purposes of paragraphs 9 to 13, the appropriate condition is met in relation to a child if condition A or condition B is met.U.K.

(2)Condition A is met if the child is within section 512ZB(4) (provision of free school lunches and milk).

(3)Condition B is met if—

(a)a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

(b)the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

Meaning of “qualifying school” etcU.K.

15(1)The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule.U.K.

(2)Qualifying school” in relation to a child means—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school,

(c)a school approved under section 342 (non-maintained special schools),

(d)a pupil referral unit,

(e)a maintained nursery school, or

(f)a city technology college, a city college for the technology of the arts[F172, an Academy school or an alternative provision Academy].

(3)In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—

(a)it is the only school named in the [F173EHC plan maintained for the child], or

(b)it is one of two or more schools named in that [F174plan] and of those schools it is the nearer or nearest to the child's home.

(4)Disabled child” means a child who has a disability for the purposes of the [F175Equality Act 2010] , and “disability” is to be construed accordingly.

(5)Walking distance” has the meaning given by section 444(5).

(6)“Religion” and “belief” are to be read in accordance with section 509AD(3).

(7)In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.]

Textual Amendments

F172Words in Sch. 35B para. 15(2)(f) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(20); S.I. 2012/924, art. 2

F173Words in Sch. 35B para. 15(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 61(a); 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)

F174Word in Sch. 35B para. 15(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 61(b); 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)

F175Words in Sch. 35B para. 15(4) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 40 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

Section 508E

[F176SCHEDULE 35CU.K.School Travel Schemes

Textual Amendments

Modifications etc. (not altering text)

C17Sch. 35C: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

Power to make schemeU.K.

1(1)A [F1local authority] in England may make a school travel scheme for their area.U.K.

(2)Before making a school travel scheme, a [F1local authority] must consult such persons as the authority consider appropriate.

Arrangements to be included in schemeU.K.

2(1)A school travel scheme must set out (in general terms) what arrangements in connection with the attendance of children in the authority's area receiving education—U.K.

(a)at schools,

(b)at any institution within the further education sector, or

(c)at any other place by virtue of arrangements made in pursuance of section 19(1),

the scheme authority consider it appropriate to be made in relation to travel to and from such places.

(2)Those arrangements are to be either or both of the following—

(a)arrangements to be made by the authority;

(b)arrangements to be made by any other persons.

(3)A school travel scheme may include travel arrangements of any description and may, in particular, include—

(a)arrangements for the provision of transport;

(b)any of the following arrangements only if made with the relevant parental consent—

(i)arrangements for the provision of one or more persons to escort a child (whether alone or together with other children) when travelling to or from any of the places mentioned in any of paragraphs (a) to (c) of sub-paragraph (1);

(ii)arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii)arrangements for the payment of allowances in respect of the use of particular modes of travel;

(c)arrangements to facilitate or promote the use of particular modes of travel.

(4)The reference in sub-paragraph (3) to the relevant parental consent is to the consent of a parent of each child in relation to whom the arrangements in question are made.

(5)A school travel scheme must require that if any arrangements set out in the scheme involve arrangements to be made by any person other than the scheme authority and those arrangements—

(a)are not made by that person or by any other persons, or

(b)are so made but are not given effect to in compliance with the requirements of the scheme,

the scheme authority must make suitable alternative arrangements.

Travel arrangements for “eligible children”U.K.

3(1)A school travel scheme must require that, in the case of an eligible child in the scheme authority's area to whom sub-paragraph (2) applies, the authority must make such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made in relation to the child.U.K.

(2)This sub-paragraph applies to an eligible child if—

(a)no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided in relation to him by any person who is not the scheme authority, or

(b)such travel arrangements are provided in relation to him by any person who is not the scheme authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

(3)Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.

(4)Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

(a)arrangements for the provision of transport, and

(b)any of the following arrangements only if they are made with the consent of a parent of the child—

(i)arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;

(ii)arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii)arrangements for the payment of allowances in respect of the use of particular modes of travel.

(5)Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.

(6)Regulations may modify sub-paragraphs (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

Modifications etc. (not altering text)

4(1)For the purposes of paragraph 3, an “eligible child” is a child who falls within any of the following paragraphs of Schedule 35B—U.K.

(a)paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);

(b)paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of the nature of the routes);

(c)paragraph 6 or 7 (children of compulsory school age who live outside walking distance and for whom no suitable alternative arrangements are made);

(d)paragraph 9, 10, 11, 12 or 13 (children aged 8 or over who are entitled to free school meals etc).

(2)References in paragraph 3 to the “relevant educational establishment”, in relation to an eligible child, are references to—

(a)in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school at which the child is a registered pupil referred to in the paragraph in question, and

(b)in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

ChargesU.K.

5(1)A school travel scheme must set out the policy applicable to charging in relation to anything provided in pursuance of the scheme.U.K.

(2)The policy to be set out under sub-paragraph (1) must include provision to the effect that anything provided in pursuance of the scheme for a protected child is provided free of charge.

(3)The policy to be set out under sub-paragraph (1) must include provision to the effect mentioned in sub-paragraph (3) of paragraph 7 in relation to any child falling within sub-paragraph (1) or (2) of that paragraph.

6(1)For the purposes of paragraph 5, a “protected child” is a child of compulsory school age in the scheme authority's area who falls within any of sub-paragraphs (2) to (4).U.K.

(2)A child falls within this sub-paragraph if he is a child falling within any of the following paragraphs of Schedule 35B—

(a)paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);

(b)paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of nature of routes).

(3)A child falls within this sub-paragraph if he is within section 512ZB(4) (provision of free school lunches and milk).

(4)A child falls within this sub-paragraph if—

(a)a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

(b)the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

7(1)For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—U.K.

(a)he is of compulsory school age and is any of the following—

  • (a)a child with special educational needs;

  • a disabled child;

  • a child with mobility problems,

(b)he is a registered pupil at a qualifying school which is not within walking distance of his home, and

(c)no suitable arrangements have been made by the [F1local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

(2)For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—

(a)he is of compulsory school age and is any of the following—

  • (a)a child with special educational needs;

  • a disabled child;

  • a child with mobility problems,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(c)that place is not within walking distance of his home.

(3)The effect referred to in paragraph 5(3) is that the amount payable in respect of anything provided in pursuance of the scheme for a child falling within sub-paragraph (1) or (2) is not to exceed the amount (if any) which would be payable under the scheme if—

(a)he were a child who is not a child with special educational needs, a disabled child or a child with mobility problems,

(b)in the case of a child falling within sub-paragraph (1), he were registered as a pupil at his nearest qualifying school, and

(c)he took full advantage of any arrangements under the scheme for the provision of transport for persons of his description.

(4)In sub-paragraph (3)(b), the reference to the child's nearest qualifying school is to whichever of the following is the nearest to his home to provide education for persons of his age who are not children with special educational needs, disabled children or children with mobility problems—

(a)a community school,

(b)a foundation school,

(c)a voluntary school,

(d)an Academy,

(e)a city technology college, and

(f)a city college for the technology of the arts.

8U.K.Any sum payable in respect of a charge for anything provided by the scheme authority in pursuance of arrangements made by that authority in pursuance of a school travel scheme is to be recoverable summarily as a civil debt.

9(1)This paragraph applies if a school travel scheme will give rise to any need to incur expenditure in order for a child to take advantage of anything provided for him in pursuance of the scheme.U.K.

(2)The scheme must include provision for any expenditure that needs to be incurred for the purpose mentioned in sub-paragraph (1) in the case of a protected child to be met by the scheme authority.

(3)Protected child” has the meaning given for the purposes of paragraph 5.

Commencement of schemeU.K.

10(1)A school travel scheme is not to come into force unless approved by the Secretary of State.U.K.

(2)A school travel scheme which has been approved by the Secretary of State is to come into force in accordance with directions given by the Secretary of State.

(3)The earliest date on which a school travel scheme may come into force is 31 August 2007.

Amendment or revocation of schemeU.K.

11(1)The scheme authority may amend or revoke a school travel scheme.U.K.

(2)Before amending a school travel scheme, the scheme authority must consult such persons as they consider appropriate.

(3)The power of amendment under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

(4)The Secretary of State may consent to the exercise of the power of amendment under sub-paragraph (1) on an application by the scheme authority specifying the proposed exercise of the power.

(5)If on an application under sub-paragraph (4) the Secretary of State consents to the exercise of the power of amendment under sub-paragraph (1), the scheme authority must exercise the power accordingly.

(6)Any amendment under this paragraph is to come into force in accordance with directions given by the Secretary of State.

Provision of informationU.K.

12(1)The scheme authority must—U.K.

(a)make such reports and returns to the Secretary of State, and

(b)compile and give to the Secretary of State such information,

as the Secretary of State may require for any of the purposes mentioned in sub-paragraph (2).

(2)Those purposes are—

(a)the purpose of monitoring the operation or effect of a school travel scheme approved under this Schedule;

(b)the purpose of preparing or publishing an evaluation under section 80 of the Education and Inspections Act 2006.

GuidanceU.K.

13(1)The Secretary of State must issue, and may from time to time revise, guidance as to the matters which he will take into account in exercising his power under paragraph 10(1) or 11(3).U.K.

(2)Before issuing or revising guidance under sub-paragraph (1), the Secretary of State must consult such persons as he considers appropriate.

InterpretationU.K.

14U.K.In this Schedule—

  • disabled child” means a child who has a disability for the purposes of the [F177Equality Act 2010] , and “disability” is to be construed accordingly;

  • qualifying school” has the same meaning as it has for the purposes of Schedule 35B;

  • scheme authority”, in relation to a school travel scheme, means the [F1local authority] by which the scheme is made;

  • walking distance” has the meaning given by section 444(5).]

Textual Amendments

F177Words in Sch. 35C para. 14 substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 41 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

Section 557.

SCHEDULE 36E+W Uniform statutory trusts for educational endowments

1E+WThe trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes—

(a)in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,

(b)for the maintenance of any relevant school in the area;

(c)in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the area; and

(d)for the maintenance of a teacher’s house for use in connection with any relevant school in the area.

2E+WThe trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes—

(a)in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area;

(b)the provision of services for the carrying out of any inspection of any relevant school in the area required by [F178Part 1 of the Education Act 2005] ; and

(c)to defray the cost of employing or engaging staff in connection with—

(i)the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or

(ii)the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.

Textual Amendments

F178Words in Sch. 36 para. 2(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 10; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

[F179SCHEDULE 36AU.K.Education functions

1U.K.Functions conferred on a local authority under the Education Acts (as defined in section 578).

2U.K.Functions conferred on a local authority under the enactments specified in the first column of the table below (being the functions which are described in general terms in the second column of that table).

Table

EnactmentNature of functions
Children and Young Persons Act 1933 (c. 12)
Section 18Making of byelaws relating to the employment of children.
Superannuation Act 1972 (c. 11)
Section 9(5A)Payment of injury benefit to or in respect of teachers.
Employment and Training Act 1973 (c. 50)
Sections 10 and 10APowers and duties relating to careers services
Section 12Duty to provide information to the Secretary of State.
F180. . .
F180. . .F180. . .
Public Passenger Vehicles Act 1981 (c. 14)
Section 46Power to use a school bus to carry fare-paying passengers.
Representation of the People Act 1983(c.2)
Paragraph 2 of Schedule 5Duty to prepare and revise lists of rooms in school premises which candidates may use.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Section 5(1) to (4), (6) and (8)Duty to require the appropriate officer to give an opinion as to whether a child with [F181an EHC plan or] a statement is disabled.
Children Act 1989 (c. 41)
Section 36 and Part 3 of Schedule 3 (except paragraph 19(2))Education supervision orders.
F180. . .
F180. . .F180. . .
F180. . .F180. . .
F180. . .F180. . .
F180. . .F180. . .
F180. . .F180. . .
F180. . .F180. . .
Learning and Skills Act 2000(c. 21)
Section 33JDuty to assist Welsh Ministers in planning the local curriculum.
Section 33KDuty relating to delivery of local curriculum and joint working (in Wales).
Section 33LDuty to have regard to guidance and comply with directions relating to section 33K.
Section 83Duty (of local authority in Wales) to provide information to Chief Inspector.
Section 84Duties relating to preparation of an action plan following an area inspection in Wales.
Sections 96, 101 F182...Duties as an “authorised body” relating to qualifications [F183(in England)].
Sections 123 to 125 and 128Support services for 11 to 25 years olds: Wales.
F184. . .F184. . .
Section 140(5)Duty to send copy of a statement of special educational needs to the Welsh Ministers if requested.
Schedules 7 and 7ADuty to implement approved proposals relating to sixth forms.
Local Government Act 2000(c. 22)
Paragraphs 7, 8 and 9 of Schedule 1Duty to include certain persons on overview and scrutiny committee if it relates to education functions.
Nationality, Immigration and Asylum Act 2002 (c. 41)
Section 37Powers and duties relating to education of a child in an accommodation centre.
Anti-social Behaviour Act 2003(c. 38)
Sections 19, 20, 21 and 22APowers and duties relating to parenting orders and parenting contracts.
National Health Service Act 2006 (c. 41 )
Paragraph 5 of Schedule 1Duty to make available to the Secretary of State appropriate accommodation for enabling the Secretary of State to arrange for medical inspections in schools.
National Health Service (Wales) Act 2006 (c. 42)
Paragraph 5 of Schedule 1Duty to make available to the Welsh Ministers appropriate accommodation for enabling them to arrange for medical inspections in schools.]
[F185Equality Act 2010 (c. 15)
Section 29(7) in its application to a local authority’s functions under the Education ActsDuty to make reasonable adjustments for disabled persons.
Section 85(6)Duty (as responsible body) to make reasonable adjustments for disabled pupils.
Section 92(6)Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.
Section 93(6)Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.
paragraph 1 of Schedule 10Duty to prepare and implement accessibility strategy.
paragraph 3 of Schedule 10Duty (as responsible body) to prepare and implement an accessibility plan.]

Textual Amendments

F180Sch. 36A entries repealed by 2010 c. 15, Sch. 26 Pt. 1 para. 42(2), Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))

F181Words in Sch. 36A para. 2 inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 62(2); 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)

F184Words in Sch. 36A para. 2 omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 62(3); 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)

F185Words in Sch. 36A inserted by 2010 c. 15, Sch. 26 Pt. 1 para. 42(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))

Section 582(1).

SCHEDULE 37U.K. Consequential amendments

Part IU.K. Amendments coming into force on 1st November 1996

Children and Young Persons Act 1933 (c. 12)U.K.

1U.K.Section 96 of the M22Children and Young Persons Act 1933 (provisions as to local authorities) shall continue to have effect with the following amendments (originally made by Schedule 8 to the Education Act 1944)—

(a)in subsection (3), for the words from “for elementary education” onwards there is substituted “ shall be defrayed as expenses under the enactments relating to education ”; and

(b)in subsection (4), for the second “under” there is substituted “in accordance with”.

Marginal Citations

Public Records Act 1958 (c. 51)U.K.

2U.K.In Schedule 1 to the Public Records Act 1958 (definition of public records) Part II of the Table at the end of paragraph 3 (organisations whose records are public records) shall continue to include the following entries (originally inserted by Schedule 19 to the M23Education Act 1993, taken with Schedule 15 to that Act)—

Curriculum and Assessment Authority for Wales,

Funding Agency for Schools,

School Curriculum and Assessment Authority, and

Schools Funding Council for Wales.

Marginal Citations

Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)U.K.

3U.K.In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “the Education Acts, 1944 to 1993” there is substituted “ the Education Act 1996 ” .

Education Act 1962 (c. 12)U.K.

4(1)Section 1 of the Education Act 1962 ([F1local authority] awards for designated courses) shall continue to have effect with the following amendment (originally made by section 4 of the M24Education (Grants and Awards) Act 1984).U.K.

(2)In subsection (3)(d), for the words from “for the higher diploma” onwards there is substituted “ or for the higher national diploma of the body corporate known at the passing of the Education (Grants and Awards) Act 1984 as the Business & Technician Education Council. ”

5U.K.In section 3(c)(i) of that Act (awards by Secretary of State) for “section 100 of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

6U.K.For section 14(4) of that Act there is substituted—

(4)This Act shall be construed as one with the Education Act 1996.

7U.K.In paragraph 2 of Schedule 1 to that Act (ordinary residence) for “section 31(3) of the Education Act 1980” there is substituted “ the Education Act 1996 in accordance with regulations made under section 579(4) of that Act. ”

London Government Act 1963 (c. 33)U.K.

8U.K.In section 30(1) of the London Government Act 1963 ([F2local authorities]) for “the Education Acts 1944 to 1962 or in any other Act” there is substituted “ any Act ”.

F1869E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Children and Young Persons Act 1963 (c. 37)U.K.

10U.K.In section 37(3) of the Children and Young Persons Act 1963 (exceptions to restriction on persons under 16 taking part in public performances etc.) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

11U.K.[F187In section 38 of that Act (restriction on licences for performances by children under 13)—

(a)in subsection (1) for “thirteen” there is substituted “ fourteen ”;

(b)subsection (2) is omitted; and

(c)in the sidenote, for “13” there is substituted “ 14 ”.]

Veterinary Surgeons Act 1966 (c. 36)U.K.

12U.K.In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” following paragraph 5, for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Education Act 1967 (c. 3)U.K.

F18813U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F188Sch. 37 para. 13 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1)

Public Expenditure and Receipts Act 1968 (c. 14)U.K.

14U.K.In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees, etc.) for “The Education Act 1944 (c.31) section 94” there is substituted “ The Education Act 1996 (c.56) section 564 ”.

Children and Young Persons Act 1969 (c. 54)U.K.

F18915U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189Sch. 37 paras. 15, 16 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F19016U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190Sch. 37 paras. 15, 16 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Local Authorities (Goods and Services) Act 1970 (c. 39)U.K.

F19117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F191Sch. 37 para. 17 repealed (1.3.1998 in so far as Sch. 37 relates to School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch.8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Local Authority Social Services Act 1970 (c. 42)U.K.

18U.K.In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee) the entry relating to the Education Act 1993 is omitted and at the end there is added—

Education Act 1996.
Section 322....................Help for [F1local authority] in exercising functions under Part IV of the Act.

Chronically Sick and Disabled Persons Act 1970 (c. 44)U.K.

19U.K.In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to and facilities at university and school buildings) for the words from “and expressions used” onwards there is substituted “ and expressions used in paragraph (b) above and in the Education Act 1996 have the same meanings as in that Act. ”

Pensions (Increase) Act 1971 (c. 56)U.K.

20U.K.In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions payable out of local funds), in paragraph 57, for “the Education Act 1944” there is substituted “ the Education Act 1996. ”

Superannuation Act 1972 (c. 11)U.K.

21(1)Schedule 1 to the Superannuation Act 1972 shall continue—U.K.

(a)to include F192. . . and the entries relating to the Funding Agency for Schools and the Schools Funding Council for Wales (originally inserted by Schedule 19 to that Act); F193. . .

F193(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192Words in Sch. 37 para. 21(1)(a) repealed (1.3.1998 in so far as relating to School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch.8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

F193Sch. 37 para. 21(1)(b) and the word immediately preceding it repealed (1.3.1998 in so far as relating to the School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch.8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

F194Sch. 37 para. 21(2) repealed (1.3.1998 in so far as relating to the School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch. 8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Local Government Act 1972 (c. 70)U.K.

22(1)Section 104(2)(a) of the Local Government Act 1972 (teachers not disqualified for being members of committees) shall continue to have effect with the following amendment (originally made by Schedule 19 to the M25Education Act 1993).U.K.

(2)For “for the purposes of the enactments relating to education” there is substituted “ wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as [F2local authorities].

23U.K.In section 112(4)(b) of that Act (appointment of staff) for “section 88 of the Education Act 1944” there is substituted “ section 532 of the Education Act 1996 ”.

24U.K.In section 139(4) of that Act (acceptance of gifts of property) for “the Education Acts 1944 to 1971” there is substituted “ the Education Act 1996 ”.

25U.K.In section 177(1) of that Act (supplementary provisions as to allowances) for “paragraph 4 of Schedule 2 to the Education Act 1980” there is substituted “ paragraph 4 of Schedule 33 to the Education Act 1996 ”.

Fair Trading Act 1973 (c. 41)U.K.

F19526U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1974 (c. 7)U.K.

F19627E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

28U.K.In section 31A(2) of that Act (consideration of adverse reports) for “paragraph 1 of Schedule 2 to the Education Act 1980” there is substituted “ paragraph 1 of Schedule 33 to the Education Act 1996 ”.

29U.K.In paragraph 5(1) of Schedule 5 to that Act (matters not subject to investigation) for the words from “section 23” to “1986” there is substituted “ section 370 of the Education Act 1996 or section 17 of the Education (No.2) Act 1986 ”.

House of Commons Disqualification Act 1975 (c. 24)U.K.

30(1)Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—U.K.

(a)shall be amended as provided in sub-paragraphs (2) and (3); and

(b)shall continue to include the entries set out in sub-paragraph (4) (originally inserted by Schedule 19 to the M26Education Act 1993).

(2)For the entry relating to the Curriculum and Assessment Authority for Wales there is substituted—

Any member of the Curriculum and Assessment Authority for Wales constituted under section 360 of the Education Act 1996 in receipt of remuneration.

(3)For the entry relating to the School Curriculum and Assessment Authority there is substituted—

Any member of the School Curriculum and Assessment Authority constituted under section 358 of the Education Act 1996 in receipt of remuneration.

(4)The entries referred to in sub-paragraph (1)(b) are—

Any member of an education association in receipt of remuneration,

Any member of the Funding Agency for Schools in receipt of remuneration, and

Any member of the Schools Funding Council for Wales in receipt of remuneration.

Marginal Citations

Sex Discrimination Act 1975 (c. 65)U.K.

F19731U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197Sch. 37 para. 31 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

F19832U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198Sch. 37 para. 32 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

F19933E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20034U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Sch. 37 paras. 34-36 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

F20035U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Sch. 37 paras. 34-36 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

F20036U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Sch. 37 paras. 34-36 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

37E+WIn Schedule 2 to that Act (transitional exemption orders for educational admissions)—

F201(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F202(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201Sch. 37 para. 37(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F202Sch. 37 para. 37(b) repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Restrictive Trade Practices Act 1976 (c. 34)U.K.

38U.K.In Schedule 1 to the Restrictive Trade Practices Act 1976 (services excluded from section 13), in paragraph 14, for “the Education Act 1944,” there is substituted “ the Education Act 1996, ”.

Race Relations Act 1976 (c. 74)U.K.

F20339U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203Sch. 37 para. 39 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

F20440U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204Sch. 37 para. 40 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

F20541E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20642E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F206Sch. 37 para. 42 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F20743U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F207Sch. 37 para. 43 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

National Health Service Act 1977 (c. 49)U.K.

F20844U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20845E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20846E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Education Act 1980 (c.20)U.K.

47(1)Section 38 of the Education Act 1980 (citation etc.) shall be amended as follows.U.K.

(2)Subsections (2) and (4) to (6) are omitted.

(3)For subsection (3) there is substituted—

(3)This Act shall, in its application to England and Wales, be construed as one with the Education Act 1996.

(4)In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “ In this Act section 20 and this section extend to Northern Ireland, ”.

Education (Scotland) Act 1980 (c. 44)U.K.

48(1)Section 48A of the Education (Scotland) Act 1980 (corporal punishment) shall continue to have effect with the following amendments (originally made by section 294 of the M27Education Act 1993).U.K.

(2)In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ”, and after that subsection there is inserted—

(1A)Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.

(1B)In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.

(3)In subsection (5) for the words preceding paragraph (a) there is substituted In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school.

(5A)Subsection (1) above applies to a pupil.

(4)In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.

Marginal Citations

Local Government, Planning and Land Act 1980 (c.65)U.K.

F20949U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F209Sch. 37 para. 49 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

Acquisition of Land Act 1981 (c. 67)U.K.

50U.K.In section 1(2) of the Acquisition of Land Act 1981 (application of Act) for “section 90(1) of the Education Act 1944” there is substituted “ section 530(1) of the Education Act 1996 ”.

51(1)Section 17(4) of that Act (statutory undertakers) shall have effect with the following amendment instead of that made by section 11 of the M28Education Act 1993.U.K.

(2)After paragraph (aa) of the definition of “statutory undertakers” there is inserted—