Part V

Miscellaneous and general

Sixth-form education

Secondary education.
110
1
After section 2(2) of the Education Act 1996 (definition of secondary education) there shall be inserted—
2A
Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—
a
is maintained by a local authority , and
b
is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
2B
Where—
a
a person is in full-time education,
b
he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and
c
the education which he receives at the school would be secondary education if it was full-time education at the school,
the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).
2
Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1)
(by virtue of section 4(1) of the Education Act 1996 (schools)).
3
An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the School Standards and Framework Act 1998 (community or foundation mainstream or special school).
4
A local authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the Education Act 1996 (education for 16 to 18 year olds).
5
Section 51(3A) of the Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.
6
In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
S. 110 wholly in force at 1.8.2002; s. 110 not in force at Royal Assent see s. 154; s. 110(1) in force (E.) for certain purposes at 1.9.2000, s. 110(2) in force (E.) for certain purposes at 1.9.2000 and s. 110(3) in force (E.) at 1.9.2000 by S.I. 2000/2114, art. 2(3), Sch. Pt. III; s. 110(1) wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 110 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 110(2)(4)(5) in force for E. at 1.8.2002 in so far as not already in force by S.I. 2002/279, art. 2(3)(b)
1996 c. 56.
1996 c. 56.
1998 c. 31.
1996 c. 56.
1992 c. 13.
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
S. 110(6) added (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(7)