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E+W

Education Act 2002

2002 CHAPTER 32

An Act to make provision about education, training and childcare.

[24th July 2002]

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C2Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

Part 1E+WProvision for new legal frameworks

Chapter 1E+WPowers to facilitate innovation

1 Purpose and interpretation of Chapter 1E+W

(1)The purpose of this Chapter is to facilitate the implementation by qualifying bodies of innovative projects that may—

(a)in the opinion of the Secretary of State, contribute to the raising of [F1educational standards] in England, or

(b)in the opinion of the National Assembly for Wales, contribute to the raising of [F2educational standards] in Wales.

(2)In forming an opinion as to whether a project may contribute to the raising of [F3educational standards] in England or Wales, the Secretary of State or the National Assembly for Wales shall—

(a)have regard to the need for the curriculum for any school affected by the project to be a balanced and broadly based curriculum which promotes the spiritual, moral, cultural, mental and physical development of children and of society, and

(b)consider the likely effect of the project on all the [F4pupils or students] who may be affected by it.

(3)In this Chapter—

  • the Chief Inspector” means—

    (a)

    in relation to England, [F5Her Majesty's Chief Inspector of Education, Children's Services and Skills] , and

    (b)

    in relation to Wales, Her Majesty’s Chief Inspector of Education and Training in Wales;

  • children” means persons under the age of nineteen;

  • education legislation” means—

    (a)

    the Education Acts (as defined by section 578 of the Education Act 1996 (c. 56)),

    (b)

    the Learning and Skills Act 2000 (c. 21), and

    (c)

    any subordinate legislation made under any of those Acts;

  • [F6maintained school” means—

    (a)

    a community, foundation or voluntary school,

    (b)

    a community or foundation special school, or

    (c)

    a maintained nursery school;]

  • [F7qualifying body” means—

    (a)

    a [F8local authority],

    (b)

    an Education Action Forum,

    (c)

    a qualifying foundation,

    (d)

    the governing body of a maintained school,

    (e)

    the head teacher of a maintained school,

    (f)

    the proprietor of an Academy, a city technology college or a city college for the technology of the arts,

    (g)

    the proprietor of any special school that is not maintained by a [F8local authority] but is for the time being approved by the Secretary of State or the National Assembly for Wales under section 342 of the Education Act 1996, or

    (h)

    the governing body of an institution within the further education sector;]

  • [F9qualifying foundation” means the foundation, as defined by subsection (3)(a) of section 21 of the School Standards and Framework Act 1998, of any foundation or foundation special school that for the purposes of that section has a foundation established otherwise than under that Act;]

  • F10...

    (a)
    (b)
    (c)
    (d)
    (e)
  • subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Textual Amendments

F1Words in s. 1(1)(a) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(2)

F2Words in s. 1(1)(b) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(2)

F4Words in s. 1(2)(b) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(3)(b)

Commencement Information

I1S. 1 partly in force; s. 1 not in force at Royal Assent, see s. 216; s. 1 in force (except for the words "(b) a maintained nursery school" in the list of qualifying schools in s. 1(3)) for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.)

I2S. 1 in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I3S. 1 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

2 Power to suspend statutory requirements etc.E+W

(1)On the application of one or more qualifying bodies (“the applicant”), the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may for the purpose of this Chapter by order make provision—

(a)conferring on the applicant exemption from any requirement imposed by education legislation;

(b)relaxing any such requirement in its application to the applicant;

(c)enabling the applicant to exercise any function conferred by education legislation on any other qualifying body (either concurrently with or in place of that other body);

(d)making such modifications of any provision of education legislation, in its application to the applicant or any other qualifying body, as are in the opinion of the Secretary of State or the Assembly consequential on any provision made by virtue of any of paragraphs (a) to (c).

[F11(1A)Where the applicant is or includes a qualifying foundation, references in paragraphs (a) to (d) of subsection (1) to the applicant (so far as they would otherwise be read as references to the qualifying foundation) are to be read as references to the governing bodies of all or any of the foundation or foundation special schools in respect of which the applicant is the foundation.]

(2)An order under this section shall have effect during a period specified in the order which, subject to section 3(2), must not exceed three years.

(3)Before making an order under this section, the Secretary of State or the National Assembly shall, if he or it considers it appropriate to do so, consult the Chief Inspector.

(4)No order under this section which relates to sections 119 to 129 may be made by the National Assembly for Wales without the consent of the Secretary of State.

(5)The Secretary of State or the National Assembly for Wales shall refuse an application for an order under this section if it appears to the Secretary of State or the Assembly that the proposed order would be likely to have a detrimental effect on the education of children with special educational needs.

(6)The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications for orders under this section.

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4S. 2 partly in force; s. 2 not in force at Royal Assent, see s. 216; s. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I5S. 2 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

3 Variation or revocation of orders under section 2E+W

(1)The power conferred on the Secretary of State and the National Assembly for Wales by section 2 includes—

(a)power by a further order made under that section on an application made for the purposes of that section by one or more qualifying bodies, to amend any order previously made under that section so as to extend—

(i)the requirements or functions in relation to which the order applies,

(ii)the qualifying bodies to which it applies, or

(iii)subject to subsection (2), the period during which it has effect, and

(b)power by a further order under that section, which may be made without any application from a qualifying body, to revoke any order previously made under that section.

(2)An order made under section 2 by virtue of subsection (1)(a)(iii) of this section may, on one occasion only, extend the period for which a previous order under that section has effect by a period of not more than three years from the end of the period originally specified in the previous order.

Commencement Information

I6S. 3 partly in force; s. 3 not in force at Royal Assent, see s. 216; s. 3 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I7S. 3 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

4 Applications for orders under section 2E+W

(1)An application for the purposes of section 2 [F14(“an application for an order”) ] must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.

[F15(1A)No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.]

(2)Before making [F16an application for an order] , the qualifying body shall—

(a)in the case of an Education Action Forum, consult each [F8local authority] by whom any participating school, as defined by section 10(6)(b) of the School Standards and Framework Act 1998 (c. 31), is maintained,

[F17(aa)in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the [F8local authority] who maintain the school,]

[F18(b)in the case of the governing body of a maintained school, consult—

(i)the [F8local authority] who maintain the school, and

(ii)where the school is a foundation school with a qualifying foundation, that foundation, and]

(c)in any case, consult such persons (or other persons) as appear to the qualifying body to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.

(3)The Secretary or State or the National Assembly for Wales may with the consent of the applicant include in an order under section 2 provisions different from those requested in the application.

Textual Amendments

Commencement Information

I8S. 4 partly in force; s. 4 not in force at Royal Assent, see s. 216; s. 4 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I9S. 4 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

5 Annual reportE+W

(1)Where the Secretary of State has made any order under section 2 in any academic year, he shall—

(a)prepare a report on all the orders made by him under that section in that academic year, and

(b)lay a copy of the report before each House of Parliament.

(2)Where the National Assembly for Wales has made any order under section 2 in any academic year, the Assembly shall prepare and publish a report on all the orders made by the Assembly under that section in that academic year.

(3)In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.

Commencement Information

I10S. 5 partly in force; s. 5 not in force at Royal Assent, see s. 216; s. 5 in force for E. at 1.10.2002 by (S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I11S. 5 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

Prospective

Chapter 2E+WExemptions related to school performance

6 Interpretation of Chapter 2E+W

(1)For the purposes of this Chapter a maintained school is a “qualifying school” at any time if it is a school of a prescribed description which satisfies prescribed criteria relating to one or more of the following—

(a)the performance of the school,

(b)the quality of the leadership in the school, and

(c)the quality of the management of the school.

(2)The criteria prescribed for the purposes of subsection (1) may include criteria referring to the opinion of the Chief Inspector, the Secretary of State or the National Assembly for Wales.

(3)For the purposes of this Chapter a school teacher is “employed” at a school if he works at the school under a contract falling within paragraphs (b), (c) and (d) of section 122(3).

(4)In this Chapter—

  • the Chief Inspector” has the meaning given by section 1(3);

  • curriculum provision” means—

    (a)

    in relation to a maintained school maintained by a [F8local authority] in England, any provision of the National Curriculum for England, and

    (b)

    in relation to a maintained school maintained by a [F8local authority] in Wales, any provision of the National Curriculum for Wales;

  • maintained school” means a community, foundation or voluntary school or a community or foundation special school;

  • pay and conditions provision” means any provision of an order under section 122;

  • school teacher” has the same meaning as in section 122.

7 Exemptions available to qualifying schoolsE+W

(1)Regulations may for the purposes of this section—

(a)designate any curriculum provision or pay and conditions provision as attracting exemption as of right,

(b)designate any curriculum provision or pay and conditions provision as attracting discretionary exemption,

(c)designate modifications of any curriculum provision or pay and conditions provision as being available as of right, and

(d)designate modifications of any curriculum provision or pay and conditions provision as being available on a discretionary basis.

(2)On the application of the governing body of a qualifying school, the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may by order—

(a)provide that any pay and conditions provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to school teachers employed at the school,

(b)provide that any pay and conditions provision which is designated under subsection (1)(c) or (d) is to apply in relation to school teachers employed at the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis,

(c)provide that any curriculum provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to the school,

(d)provide that any curriculum provision which is designated under subsection (1)(c) or (d) is to apply in relation to the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis, or

(e)revoke or vary any order previously made under this subsection.

(3)Where an application under subsection (2) by a qualifying school—

(a)relates only to exemption from provisions that are designated under subsection (1)(a) as attracting exemption as of right or to modifications that fall within the modifications designated under subsection (1)(c) as being available as of right (or only to such exemption and such modifications), and

(b)does not relate to the revocation or variation of an order previously made under subsection (2),

the Secretary of State or, as the case may be, the National Assembly for Wales shall make the order requested.

(4)The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications under subsection (2) which relate to—

(a)provisions which are designated under subsection (1)(b) as attracting discretionary exemption, or

(b)modifications which fall within the modifications designated under subsection (1)(d) as being available on a discretionary basis.

F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Applications for orders under section 7(2)E+W

(1)An application for the purposes of section 7(2) must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.

(2)Before making such an application, the governing body shall—

(a)consult the [F8local authority],

(b)where the application relates to a curriculum provision, consult the parents of registered pupils at the school,

(c)where the application relates to a pay and conditions provision, consult each school teacher employed at the school, and

(d)in any case, consult such other persons as appear to them to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.

(3)The Secretary of State or the National Assembly for Wales may with the consent of the applicant include in an order under section 7(2) provisions different from those requested in the application.

9 Removal of exemptionsE+W

Where—

(a)the Secretary of State or the National Assembly for Wales has made an order under subsection (2) of section 7 in relation to a school (“the exemption order”), and

(b)since the making of the exemption order, the school has ceased to be a qualifying school,

the Secretary of State or the Assembly may, without any application by the governing body, make an order under that subsection which revokes the exemption order or varies the exemption order so as to restrict any exemption conferred by it.

10 Determination of pay and conditions during and after exemptionE+W

(1)Where an order under section 7(2) which relates to a pay and conditions provision is in force in relation to a school—

(a)the governing body shall determine the remuneration and other conditions of employment of each school teacher employed at the school, to the extent that by virtue of the order the pay and conditions provisions do not apply to him,

(b)the [F8local authority] shall do anything necessary to give effect to the governing body’s determination under paragraph (a), and

(c)pending a determination under paragraph (a), the terms on which a school teacher is employed at the school shall remain unchanged (irrespective of any new order under section 122 except so far as applying to him despite the effect of the order under section 7(2)).

(2)The Secretary of State may make regulations about the application of section 122(2) where an order under section 7(2) is revoked or the exemption conferred by it is restricted.

Chapter 3E+WPowers to form companies etc

11 Powers of governing bodies to form or invest in companies to provide services etc.E+W

(1)The governing body of a maintained school may form, or participate in forming, companies—

(a)to provide services or facilities for any schools,

(b)to exercise relevant [F8local authority] functions, or

(c)to make, or facilitate the making of, arrangements under which facilities or services are provided for any schools by other persons.

(2)The governing body of a maintained school may, with a view to securing or facilitating—

(a)the provision by a company of services or facilities for any schools,

(b)the exercise by a company of relevant [F8local authority] functions, or

(c)the making by any person of arrangements of the kind referred to in subsection (1)(c),

invest in the company which is to provide the services or facilities or exercise the functions or by which the arrangements are to be made or facilitated.

(3)The governing body of a maintained school may form, or participate in forming, companies to purchase services or facilities for that school and other participating schools.

(4)The governing body of a maintained school may, with a view to securing or facilitating the purchase by a company of services or facilities for that school and other participating schools, become a member of the company.

(5)The governing body of a maintained school may provide staff to any company in relation to which they have exercised a power conferred by any of subsections (1) to (4).

(6)Subsections (1) to (4) have effect subject to section 12.

(7)In exercising the power conferred by subsection (5) the governing body of a maintained school shall have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(8)This section is without prejudice to any powers of the governing body of a maintained school exercisable otherwise than by virtue of this section.

(9)In this section and section 12—

  • company” means a company registered under [F20the Companies Act 2006] as a company limited by shares or a company limited by guarantee;

  • relevant [F8local authority] functions”, in relation to a company, means [F21the education functions] of any [F8local authority] [F22that are or may become] exercisable by the company in accordance with an authorisation given or direction made by virtue of any enactment;

  • facilities” includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus;

  • maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

  • participating school”, in relation to a company, means a school whose governing body is, or is to be, a member of the company.

(10)References in this section and section 12 to investing in a company include references to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

Textual Amendments

Commencement Information

I12S. 11 partly in force; s. 11 not in force at Royal Assent, see s. 216; s. 11 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

I13S. 11 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

12 Limits on powers conferred by section 11E+W

(1)The governing body of a maintained school may not exercise any power conferred by any of subsections (1) to (4) of section 11 except—

(a)with the consent of the [F8local authority], and

(b)at a time when the school has a delegated budget (within the meaning of Part 2 of the School Standards and Framework Act 1998 (c. 31)).

(2)A governing body—

(a)may not exercise any of those powers in relation to a company unless the company satisfies any applicable requirements of regulations under subsection (3), and

(b)may not, by virtue of section 11, remain a member of a company at any time when the company fails to satisfy any such requirements.

(3)Regulations—

(a)shall provide that, except in such cases as may be prescribed, the company must be prohibited by its constitution from admitting to its membership any person who is not of a prescribed description, and

(b)may impose requirements with respect to—

(i)the constitution of the company, and

(ii)any other matter connected with the company’s affairs.

(4)Without prejudice to the generality of paragraph (b) of subsection (3), regulations under that paragraph may require that the company be prohibited by its constitution from borrowing money, except with the consent of a prescribed person.

(5)Regulations shall—

(a)provide that where one or more governing bodies have invested in a company by virtue of section 11, a [F8local authority] shall be designated as the supervising authority for the company,

(b)specify the persons by whom and the manner in which the power of designation is, or is in specified circumstances, exercisable,

(c)make provision about the duties of a [F8local authority] who are for the time being designated as the supervising authority for a company.

(6)Regulations may also—

(a)require that where a [F8local authority] are for the time being designated as the supervising authority for a company the company shall provide prescribed information relating to its financial affairs to them at such times and in such manner as may be prescribed,

(b)provide that in prescribed circumstances a [F8local authority] who are for the time being so designated may direct any participating governing body to cease to be a member of the company or to take any other prescribed action in relation to the company, and

(c)prescribe the procedure for making such a direction.

(7)In subsection (6)(b) “participating governing body”, in relation to a company, means any governing body of a maintained school who are a member of the company.

(8)Regulations may restrict the circumstances in which a [F8local authority] may refuse to give any consent applied for under subsection (1).

Textual Amendments

Commencement Information

I14S. 12 partly in force; s. 12 not in force at Royal Assent, see s. 216; s. 12 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

I15S. 12 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

13 General powers of Secretary of State in relation to companiesE+W

(1)The Secretary of State may, if he considers it expedient to do so for purposes connected with any function of his relating to education—

(a)form, or participate in forming, companies to carry on any activities which he considers likely to secure or facilitate the achievement of those purposes, or

(b)invest in any company which is to carry on such activities.

(2)In this section “education” includes—

(a)vocational training (including the preparation of young people for employment in general), and

(b)social and physical training (including the promotion of the development of young children),

but does not include higher education.

(3)In this section “company” means a company [F23as defined in section 1(1) of the Companies Act 2006].

(4)The reference in subsection (1) to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

(5)This section is without prejudice to any powers of the Secretary of State exercisable otherwise than by virtue of this section.

Part 2E+WFinancial assistance for education and [F24children etc]

Textual Amendments

F24Words in Pt. 2 heading substituted (15.11.2004) by Children Act 2004 (c. 31), ss. 59(5), 67(7)(g)

14 Power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or [F25children etc] E+W

(1)The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may give, or make arrangements for the giving of, financial assistance to any person for or in connection with any of the purposes mentioned in subsection (2).

(2)Those purposes are—

(a)the provision, or proposed provision, in the United Kingdom or elsewhere, of education or of educational services;

(b)the provision, or proposed provision, in the United Kingdom or elsewhere, of childcare or of services related to childcare;

(c)enabling any person to undertake any course of education, or any course of higher education provided by an institution within the further education sector;

[F26(ca)enabling any person to receive any training for teachers or for non-teaching staff;]

(d)providing for a person’s maintenance while he undertakes such a course;

(e)the promotion of learning or research;

(f)the promotion of the use of educational buildings or facilities for purposes other than those of education;

(g)the provision of any form of training for teachers or for non-teaching staff;

(h)the promotion of the recruitment or retention of teachers or non-teaching staff;

(i)the remuneration of, or provision of other benefits to, teachers or non-teaching staff.

[F27(j)the promotion of the welfare of children and their parents;

(k)the provision of support for parenting (including support for prospective parents).]

[F28(2ZA)In subsection [F29(2)], “training for teachers or for non-teaching staff” includes—

(a)any training or education (whether or not constituting higher education) with the object of fitting persons to be teachers or non-teaching staff, or better teachers or non-teaching staff, and

(b)any assessment related to the award of a qualification or status to teachers or non-teaching staff, or prospective teachers or non-teaching staff.]

[F30(2A)In subsection (2)(j), “children” means persons under the age of twenty.]

(3)In this section—

  • education” includes—

    (a)

    vocational training (including the preparation of young people for employment in general), and

    (b)

    social and physical training (including the promotion of the development of young children),

    but [F31, except in subsection (2ZA)(a),] does not include higher education, and “educational” shall be construed accordingly;

  • educational services” includes administrative, advisory, organisational, training or information services related to education;

  • non-teaching staff” means persons who are not teachers but who—

    (a)

    are employed at, or otherwise engaged to work at, a school or an institution within the further education sector,

    (b)

    are employed by, or engaged to provide services for, a [F8local authority] [F32for purposes connected with the authority’s education function], or

    (c)

    are employed by any person in connection with the provision of education or childcare;

  • [F33“teacher” does not include a teacher at an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector.]

Textual Amendments

F25Words in s. 14 heading substituted (15.11.2004) by Children Act 2004 (c. 31), ss. 59(4), 67(7)(g)

F26S. 14(2)(ca) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(2)(a), 82(3); S.I. 2012/924, art. 2

F27S. 14(2)(j)(k) inserted (15.11.2004) by Children Act 2004 (c. 31), ss. 59(2), 67(7)(g)

F29Word in s. 14(2ZA) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(2)(b), 82(3); S.I. 2012/924, art. 2

F30S. 14(2A) inserted (15.11.2004) by Children Act 2004 (c. 31), ss. 59(3), 67(7)(g)

F31Words in s. 14(3) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 23(3)

Modifications etc. (not altering text)

C5S. 14: functions made exercisable jointly (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(e), 124(5); S.I. 2018/241, reg. 2(m)

Commencement Information

I16S. 14 wholly in force at 31.3.2003; s. 14 not in force at Royal Assent, see s. 216; s. 14 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.); s. 14 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I17S. 14 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

15 Forms of assistance under section 14E+W

(1)Financial assistance under section 14 may be given in any form.

(2)Assistance may, in particular, be given by way of—

(a)grants,

(b)loans,

(c)guarantees,

(d)incurring expenditure on the provision of equipment for the benefit of the person assisted, or

(e)incurring other expenditure for the benefit of the person assisted.

(3)Assistance given under section 14 to a local authority may not be given by way of loan or guarantee.

[F34(4)In subsection (3) “local authority” includes a non-metropolitan district council for an area for which there is a country council.]

Textual Amendments

Commencement Information

I18S. 15 wholly in force at 31.3.2003; s. 15 not in force at Royal Assent, see s. 216; s. 15 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I19S. 15 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

16 Terms on which assistance under section 14 is givenE+W

(1)Financial assistance under section 14 may be given on such terms as the Secretary of State (or, as the case may be, the National Assembly for Wales) considers appropriate[F35, subject to subsection (2B)].

(2)The terms may, in particular, include provisions as to—

(a)circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State (or the National Assembly for Wales), and the manner in which that is to be done;

(b)the giving by the person receiving assistance of financial assistance to other persons on such terms as that person or the Secretary of State (or the Assembly) considers appropriate[F36, subject to subsection (2B)];

(c)circumstances in which any payments made by virtue of terms included by virtue of paragraph (b) are to be repaid, or otherwise made good, to the person receiving assistance from the Secretary of State (or the Assembly), and the manner in which that is to be done;

(d)the keeping, and making available for inspection, of accounts and other records.

[F37(2A)Subsection (2B) applies to—

(a)financial assistance given under section 14 to an institution within the [F38wider] higher education sector, [F39unless the institution is also an institution within the further education sector,] and

(b)financial assistance required by virtue of subsection (2)(b) to be given to [F40an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector].

(2B)The terms on which the assistance is given may not be framed by reference to criteria for the selection and appointment of staff or the admission of students.]

(3)The person receiving assistance must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State (or, as the case may be, the National Assembly for Wales).

(4)Section 15(2) applies to financial assistance required by virtue of subsection (2)(b) as it applies to financial assistance given under section 14.

Textual Amendments

F35Words in s. 16(1) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(3)(a), 82(3); S.I. 2012/924, art. 2

F36Words in s. 16(2)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(3)(b), 82(3); S.I. 2012/924, art. 2

F37S. 16(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 15(3)(c), 82(3); S.I. 2012/924, art. 2

Commencement Information

I20S. 16 wholly in force at 31.3.2003; s. 16 not in force at Royal Assent, see s. 216; s. 16 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I21S. 16 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

17 DelegationE+W

(1)Arrangements under section 14 may provide for assistance to be given, or other functions relating to assistance to be exercised, otherwise than by the Secretary of State or the National Assembly for Wales.

(2)Arrangements under section 14 which so provide may make provision for the functions concerned to be so exercised—

(a)either wholly or to such extent as may be specified in the arrangements, and

(b)either generally or in such cases or circumstances as may be so specified,

but shall not prevent the functions concerned from being exercised by the Secretary of State or, as the case may be, the National Assembly for Wales.

Commencement Information

I22S. 17 wholly in force at 31.3.2003; s. 17 not in force at Royal Assent, see s. 216; s. 17 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I23S. 17 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

18Repeal of specific grant-making powersE+W

(1)The following enactments (which confer on the Secretary of State or the National Assembly for Wales specific powers that are superseded by the power in section 14) shall cease to have effect—

(a)section 4 of the Education Act 1967 (c. 3) (loans for capital expenditure for the purposes of colleges of education),

(b)section 1(1)(b) of the Education Act 1986 (c. 40) (grants to Further Education Unit),

(c)section 50(1)(b) of the Education (No. 2) Act 1986 (c. 61) (grants to facilitate training of persons other than teachers),

(d)section 210 of the Education Reform Act 1988 (c. 40) (grants to further education institutions for education of travellers and displaced persons),

(e)section 211 of that Act (grants in respect of special provision for immigrants),

(f)section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 (c. 50) (arrangements for making grants in respect of nursery education),

(g)sections 486 to 488 and section 490 of the Education Act 1996 (c. 56) (which confer miscellaneous grant-making powers),

(h)section 491 of that Act (payment of school fees and expenses), and

(i)section 3 of the School Standards and Framework Act 1998 (c. 31) (payment of grant in connection with reductions in infant class sizes).

(2)The power to pay grants under section 484 of the Education Act 1996 (education standards grants) shall be exercisable only in relation to Wales.

Commencement Information

I24S. 18 partly in force; s. 18 not in force at Royal Assent, see s. 216; s. 18(2) in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I25S. 18(1) in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

I26S. 18(1)(a)-(f)(h)(i)(2) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4 (with art. 7)

I27S. 18(1)(g) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I28S. 18(1)(g) in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

I29S. 18(2) in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

Part 3E+WMaintained schools

Chapter 1E+WGovernment of maintained schools

19 Governing bodiesE+W

(1)Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with regulations.

[F41(1A)Regulations must provide for a governing body of a maintained school in England to consist of—

(a)persons elected or appointed as parent governors,

(b)the head teacher of the school,

(c)a person elected as a staff governor,

(d)a person appointed as a local authority governor,

(e)in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f)such other persons as may be prescribed.]

(2)Regulations shall provide for a governing body [F42of a maintained school in Wales] to consist of—

(a)persons elected or appointed as parent governors,

(b)persons elected or appointed as staff governors,

(c)persons appointed as [F8local authority] governors,

(d)except in the case of a voluntary aided school, persons appointed as community governors,

(e)in the case of a foundation schoolF43... or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f)such other persons as may be prescribed.

(3)Regulations may make provision as to—

(a)the number of governors, or of governors falling within any category,

(b)the person or persons by whom, and the manner in which, governors are to be elected or appointed,

(c)eligibility for election or appointment as governors of any category, or for voting in an election of such governors,

(d)the term of office of governors,

(e)resignation or removal from office of governors,

(f)the payment of allowances to governors,

(g)meetings and proceedings of governing bodies,

(h)the election by the governors of a chairman and vice chairman of the governing body,

(i)the establishment by a governing body of committees,

(j)the appointment of persons other than governors to serve on committees of governing bodies,

(k)the delegation of functions by governing bodies, and

(l)other matters relating to the constitution or procedure of governing bodies.

(4)Regulations made by virtue of subsection (3)(a) must secure that the majority of the governors of a voluntary aided school are persons appointed as foundation governors.

[F44(4A)Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.

(4B)Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).]

(5)Subsection (3)(k) has effect subject to the provisions of any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( [F45local authorities]’ financial schemes) which relates to the school.

(6)Schedule 1 (which contains general provisions relating to the governing body as a body corporate) shall have effect.

(7)In discharging any function conferred by regulations under this section, a [F8local authority] or the governing body of a maintained school shall have regard to any guidance given from time to time—

(a)in relation to England, by the Secretary of State, or

(b)in relation to Wales, by the National Assembly for Wales.

(8)[F46In relation to maintained schools in England,] subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.

[F47(9)In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under this section may include provision with respect to the governing bodies of federations (within the meaning of section 21(1) of that Measure).]

Textual Amendments

F41S. 19(1A) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(2), 82(3); S.I. 2012/1087, art. 3 (with art. 5)

F42Words in s. 19(2) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(3), 82(3); S.I. 2012/1087, art. 3 (with art. 5)

F44S. 19(4A)(4B) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(4), 82(3); S.I. 2012/1087, art. 3 (with art. 5)

Modifications etc. (not altering text)

Commencement Information

I30S. 19(1) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4 (with Sch. para. 4)

I31S. 19(1)-(5)(7) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I32S. 19(2)-(5)(7) in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I33S. 19(6) in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I34S. 19(6) in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I35S. 19(6) in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.

I36S. 19(8) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I37S. 19(8) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I38S. 19(8) in force at 12.4.2010 for W. by S.I. 2010/707, art. 3(a)

20 Instruments of governmentE+W

(1)For every maintained school there shall be an instrument (known as the instrument of government) which determines the constitution of the governing body and other matters relating to the school.

(2)Regulations shall make provision with respect to the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments.

(3)Regulations under subsection (2) may require any person responsible for the making, review or variation of an instrument of government to have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(4)[F48In relation to maintained schools in England,] subsection (1) has effect subject to section 24; and regulations under subsection (2) may include provision with respect to instruments of government for federations.

[F49(4A)In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under subsection (2) may include provision with respect to instruments of government for federations (within the meaning of section 21(1) of that Measure).]

(5)The governing body of a maintained school shall not conduct the school under a name other than the one for the time being set out in the school’s instrument of government.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I39S. 20(1)(5) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I40S. 20(1)-(3)(5) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I41S. 20(2)(3) in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I42S. 20(4) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I43S. 20(4) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I44S. 20(4) in force at 12.4.2010 for W. by S.I. 2010/707, art. 3(b)

21 General responsibility for conduct of schoolE+W

(1)Subject to any other statutory provision, the conduct of a maintained school shall be under the direction of the school’s governing body.

(2)The governing body shall conduct the school with a view to promoting high standards of educational achievement at the school.

(3)Regulations may—

(a)set out terms of reference for governing bodies of maintained schools,

(b)define the respective roles and responsibilities in relation to the conduct of a maintained school (whether generally or with respect to particular matters) of—

(i)the [F8local authority],

(ii)the governing body, and

(iii)the head teacher, and

(c)confer functions on governing bodies and head teachers of such schools.

(4)The governing body of a maintained school shall, in discharging their functions, comply with—

(a)the instrument of government, and

(b)(subject to any other statutory provision) any trust deed relating to the school.

[F50(5)The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—

(a)promote the well-being of pupils at the school, and

(b)in the case of a school in England, promote community cohesion.

(6)The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.

(7)In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

(8)In this section “well-being”—

(a)in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and

(b)in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.

(9)In this section “relevant children and young people's plan” means—

[F51(a)in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England),] and

[F52(b)in relation to a school in Wales, a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which the local authority is a member.]

[F53(10)In subsection (9)(a), “the relevant Children's Trust Board” means the Children's Trust Board established by arrangements made under section 10 of the Children Act 2004 by the [F8local authority] F54...]]

Textual Amendments

F50S. 21(5)-(9) inserted (25.5.2007 for E. for specified purposes, 1.9.2007 for E. in force in so far as not already in force, 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 38(1), 188(3); S.I. 2007/1271, art. 2; S.I. 2007/1801, art. 3(a); S.I. 2008/1429, art. 3(3), Sch. Pt. 3

Modifications etc. (not altering text)

Commencement Information

I45S. 21 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I46S. 21(1)(2)(4) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I47S. 21(3) in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

22 Training and support of governorsE+W

The [F8local authority] [F55in England] shall—

(a)(to the extent that they are not otherwise required to secure the provision of such information) secure that every governor is provided, free of charge, with such information as they consider appropriate in connection with the discharge of his functions as governor, and

(b)secure that there is made available to every governor, free of charge, such training as they consider necessary for the effective discharge of those functions.

Textual Amendments

Commencement Information

I48S. 22 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I49S. 22 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

23 Clerk to the governing bodyE+W

Regulations may make provision—

(a)requiring the appointment of a clerk to the governing body of a maintained school and authorising or requiring the appointment of clerks to committees of the governing body;

(b)prescribing the body by whom any such appointment is to be made and any restrictions or other requirements relating to any such appointment;

(c)as to the dismissal of any such clerk and the procedure to be followed in connection with his dismissal;

(d)authorising the governing body or a committee of the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of the meeting.

Commencement Information

I50S. 23 in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I51S. 23 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

[F5623AParent councilsE+W

(1)A school is for the purposes of this section a “qualifying school” if—

(a)it is a foundation or foundation special school in England,

(b)it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

(c)the instrument of government for the school provides that the majority of governors are to be foundation governors.

(2)The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

(3)The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

(4)Regulations may make provision as to—

(a)the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

(b)eligibility for election or appointment,

(c)the duration of membership, and

(d)meetings and proceedings of a parent council.

(5)Regulations—

(a)must require the majority of members of a parent council to be parent members, and

(b)may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

(6)Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

(7)The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.

(8)The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

(9)In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.]

Textual Amendments

24 Federations of schoolsE+W

(1)In prescribed cases, the governing bodies—

(a)of two or more maintained schools [F57in England],

(b)of an existing federation and of one or more maintained schools [F58in England], or

(c)of two or more existing federations,

may, after complying with prescribed conditions and in accordance with prescribed procedure, provide for their respective schools to be federated for the purposes of this Chapter.

(2)In this Chapter “federation” means a group of schools [F59in England] that are federated by virtue of this section, and “federated school” means a school forming part of a federation.

(3)Where any schools are federated by virtue of this section, they shall—

(a)have a single governing body constituted under a single instrument of government, and

(b)in prescribed cases, be treated as a single school for the purposes of such enactments as may be prescribed, other than any enactment contained in Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (establishment, alteration or discontinuance of schools) or in Part 3 of that Act (school admissions).

(4)Regulations may make provision—

(a)as to the dissolution of governing bodies on the formation of a federation,

(b)enabling the governing body of a federation to continue in existence as a body corporate when one or more schools join or leave the federation,

(c)as to the circumstances in which and manner in which a federation may be dissolved, or one or more schools may leave a federation,

(d)enabling the governing body of a federation that is dissolved to be replaced either by governing bodies for each of the constituent schools or by governing bodies which include the governing body of a new federation,

(e)as to the transition from one governing body to another,

(f)as to the transfer of property, rights and liabilities between governing bodies, or between [F45local authorities] and governing bodies, and

(g)as to such other matters relating to federations, federated schools or the formation or dissolution of federations as the Secretary of StateF60... considers appropriate.

(5)Regulations made by virtue of subsection (4)(f) in relation to the transfer of property, rights and liabilities may—

(a)provide for prescribed matters to be determined by the Secretary of StateF61...,

(b)apply with modifications any provision of Schedule 10 to the Education Reform Act 1988 (c. 40) (supplementary provisions with respect to transfers under that Act), or

(c)make provision equivalent to that made by any provision of that Schedule.

(6)In any enactment—

(a)any reference to the governing body or governors of a school is to be construed, in relation to a federated school, as a reference to the governing body or governors of the federation, and

(b)any reference to the instrument of government of a school is to be construed, in relation to a federated school, as a reference to the instrument of government of the federation.

Textual Amendments

F57Words in s. 24(1)(a) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(4)(a), 33(2); S.I. 2014/1066, art. 2

F58Words in s. 24(1)(b) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(4)(b), 33(2); S.I. 2014/1066, art. 2

F60Words in s. 24(4)(g) omitted (28.4.2014) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 19(4)(d), 33(2); S.I. 2014/1066, art. 2

F61Words in s. 24(5)(a) omitted (28.4.2014) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 19(4)(e), 33(2); S.I. 2014/1066, art. 2

Commencement Information

I52S. 24 in force at 12.4.2010 for W. by S.I. 2010/707, art. 3(c)

I53S. 24(1) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I54S. 24(1) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I55S. 24(2)-(6) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

25 Federations: supplementary provisionsE+W

(1)Regulations may make provision modifying any provision contained in—

[F62(za)Part 4 of the Education and Inspections Act 2006 (schools causing concern: England),]

F63(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 49 to 51 of, and Schedule 15 to, that Act (financial delegation),

in the application of the provision to federated schools [F64 in England] or their governing bodies.

(2)The modifications that may be made by virtue of subsection (1) include, in particular, modifications—

(a)enabling powers conferred by the provisions referred to in that subsection to be exercised in relation to all the schools in a federation even though the circumstances by reference to which the powers are exercisable exist only in relation to one or more of those schools, and

(b)requiring the apportionment of any costs or expenses incurred by the governing body of a federation.

(3)If regulations made by virtue of section 24 allow the formation of a federation comprising schools within different categories, the regulations may make provision modifying any enactment which relates to schools within a particular category, or to the governing bodies of schools within a particular category, in the application of the enactment to schools forming part of such a federation or to the governing bodies of such federations.

(4)In subsection (3) references to categories of maintained schools are references to the categories set out in section 20(1) of the School Standards and Framework Act 1998.

Textual Amendments

F63S. 25(1)(a) omitted (28.4.2014) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 19(5)(a), 33(2); S.I. 2014/1066, art. 2

F64Words in s. 25(1)(b) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(5)(b), 33(2); S.I. 2014/1066, art. 2

Commencement Information

I56S. 25 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I57S. 25 in force at 12.4.2010 for W. by S.I. 2010/707, art. 3(d)

26 Collaboration between schoolsE+W

Regulations may—

(a)enable the governing bodies of two or more maintained schools [F65in England] to arrange for any of their functions to be discharged jointly or by a joint committee of theirs,

(b)provide for the appointment by two or more governing bodies of a joint committee of those governing bodies for the purposes of discharging any functions in pursuance of any such arrangements, and

(c)provide that any enactment relating to those functions or the governing bodies by whom they are to be discharged is to have effect subject to all necessary modifications in its application in relation to those functions and the governing bodies by whom they are to be discharged.

Textual Amendments

Commencement Information

I58S. 26 in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I59S. 26 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

27 Power of governing body to provide community facilities etc.E+W

(1)The governing body of a maintained school shall have power to provide any facilities or services whose provision furthers any charitable purpose for the benefit of—

(a)pupils at the school or their families, or

(b)people who live or work in the locality in which the school is situated.

(2)The power under subsection (1) includes, in particular, power for a governing body to—

(a)incur expenditure,

(b)enter into arrangements or agreements with any person,

(c)co-operate with, or facilitate or co-ordinate the activities of, any person, and

(d)provide staff, goods, services and accommodation to any person.

(3)Subject to the provisions of Chapter 3 of Part 6 of the Education Act 1996 (c. 56) (charges in connection with education), a governing body may charge for any services or facilities provided under this section.

(4)This section has effect subject to section 28.

Modifications etc. (not altering text)

C13S. 27 modified (temp. from 2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 3(1); s. 27 modified (E.) (temp. from 1.10.2002) by S.I. 2002/2316, reg. 3(1)

C14S. 27 applied (with modifications) (10.7.2003) by New Schools (General) (England) Regulations 2003 (S.I. 2003/1558), regs. 1, 31

C15S. 27 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))

Commencement Information

I60S. 27 partly in force; s. 27 not in force at Royal Assent, see s. 216; s. 27 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4 (as amended by S.I. 2002/2018, arts. 2-4)

I61S. 27 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

28 Limits on power to provide community facilities etc.E+W

(1)Section 27(1) does not enable a governing body to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in—

(a)the school’s instrument of government, or

(b)any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( [F45local authorities]’ financial schemes) which relates to the school.

(2)Regulations may make provision preventing governing bodies from doing, by virtue of section 27(1), anything which is specified, or is of a description specified, in the regulations.

(3)A governing body shall exercise the power conferred by section 27(1) only if and to the extent that they are satisfied that anything which they propose to do will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.

(4)Before exercising the power under section 27(1) [F66the governing body of a maintained school in Wales]

(a)shall consult—

(i)the [F8local authority],

(ii)the staff of the school, and

(iii)the parents of registered pupils of the school,

(b)where the proposed exercise of the power would affect registered pupils of the school and the governing body consider it appropriate in view of their age and understanding to consult all or some of them, shall consult the registered pupils or such of them as the governing body consider it appropriate to consult, and

(c)shall consult such other persons as the governing body consider appropriate.

[F67(4A)In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.

(4B)In subsection (4A) “relevant children and young people's plan” has the meaning given by section 21(9).]

F68(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In exercising the power under section 27(1) or consulting under subsection (4), [F69the governing body of a maintained school in Wales] shall have regard—

(a)to any guidance given from time to time F70... by the National Assembly for Wales, and

(b)to any advice given to them from time to time by the [F8local authority].

Textual Amendments

F66Words in s. 28(4) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 88(2), 139(6); S.I. 2014/889, art. 5(d)

F67S. 28(4A)-(4C) inserted (25.5.2007 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 38(2), 188(3); S.I. 2007/1271, art. 3; S.I. 2008/1429, art. 3(3), Sch. Pt. 3

F70Words in s. 28(5)(a) omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 88(4)(b), 139(6); S.I. 2014/889, art. 5(d)

Modifications etc. (not altering text)

C18S. 28 applied (with modifications) (10.7.2003) by New Schools (General) (England) Regulations 2003 (S.I. 2003/1558), regs. 1, 31

C19S. 28 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))

Commencement Information

I62S. 28 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4 (as amended by S.I. 2002/2018, arts. 2-4)

I63S. 28 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

[F7128APower of governing body to provide higher educationE+W

(1)Subject to subsection (2), the governing body of a maintained school shall have power to arrange the provision to pupils at the school (whether by teachers at the school or other persons) of courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level).

(2)A governing body may exercise the power under subsection (1) in relation to a particular pupil only if they are satisfied that the provision to that pupil of the course in question will not to any significant extent interfere with the other education with which he is being provided at the school.

(3)The National Assembly for Wales may give, or make arrangements for the giving of, financial assistance to any person in connection with the provision of courses mentioned in subsection (1) by the governing body of a maintained school in Wales.

(4)Sections 15 and 16 apply to financial assistance given under subsection (3) as they apply to financial assistance given under section 14.

(5)This section has effect notwithstanding section 1(4) of the Education Act 1996 (functions not conferred with respect to higher education).]

Textual Amendments

F71S. 28A inserted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 105, 125(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

29 Additional functions of governing bodyE+W

(1)The governing body of a maintained school shall—

(a)establish procedures for dealing with all complaints relating to the school or to the provision of facilities or services under section 27, other than complaints falling to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section, and

(b)publicise the procedures so established.

(2)In establishing or publicising procedures under subsection (1), the governing body shall have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(3)The governing body of a maintained school may require [F72registered pupils] to attend at any place outside the school premises for the purposes of receiving any instruction or training included in the secular curriculum for the school.

(4)In subsection (3) “maintained school” does not include a maintained nursery school.

(5)The governing body and head teacher of—

(a)a community or voluntary controlled school,

(b)a community special school, or

(c)a maintained nursery school,

shall comply with any direction given to them by the [F8local authority] concerning the health and safety of persons on the school’s premises or taking part in any school activities elsewhere.

[F7329APower of governing body in England: educational provision for improving behaviourE+W

(1)The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.

(2)In subsection (1) “maintained school” does not include a maintained nursery school.

(3)Regulations must make provision—

(a)requiring prescribed persons to be given prescribed information relating to the imposition of any requirement under subsection (1), and

(b)requiring the governing body of the school to keep under review the imposition of any such requirement.

(4)Regulations under this section may also make provision—

(a)requiring a governing body exercising functions under subsection (1) or under the regulations to have regard to any guidance given from time to time by the Secretary of State,

(b)prohibiting a governing body from exercising the power conferred by subsection (1) in such a way that any pupil is required to receive educational provision outside the school premises for a greater number of days in a school year than is specified in the regulations,

(c)requiring the governing body to request prescribed persons to participate in any review of the imposition of a requirement under subsection (1),

(d)about the time within which the first review must be held and the intervals at which subsequent reviews must be held, and

(e)in relation to any other matter relating to the exercise of the power conferred by subsection (1).]

Textual Amendments

F73S. 29A inserted (30.3.2010 for specified purposes, 1.9.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 154, 173(4); S.I. 2010/1093, arts. 2(d), 3

30 Governors’ reports [F74(Wales)] and other informationE+W

(1)Once in every school year the governing body of a maintained school [F75in Wales] shall prepare a report (a “governors’ report”) dealing with such matters, and otherwise complying with such requirements, as may be specified in regulations.

(2)Regulations may—

(a)impose requirements on the governing body of a maintained school [F76in Wales] with respect to—

(i)the giving of copies of a governors’ report to such persons as may be prescribed, and

(ii)making such copies available for inspection at the school;

(b)make provision for—

(i)enabling the governing body to determine the language or languages in which a governors’ report is to be produced and the form or forms in which it is to be produced;

(ii)requiring them to comply with any direction given by the [F8local authority] with respect to any additional language to be used or with respect to any additional form in which the report is to be produced;

(c)enable the governors’ report to be combined with any other document whose preparation by the governing body is required by or under any enactment.

[F77(2A)The governing body of a maintained school in Wales must include in a governors' report information about the action taken to promote healthy eating and drinking by pupils of the school.]

(3)The governing body of a maintained school [F78(in England or Wales)] shall provide the [F8local authority] with such reports in connection with the discharge of the functions of the governing body as the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of the authority’s [F79education] functions.

(4)The head teacher of a maintained school [F80(in England or Wales)] shall provide the governing body or (as the case may be) the [F8local authority] with such reports in connection with the discharge of his functions as [F81may be required (either on a regular basis or from time to time)—

(a)by the governing body for the purposes of the exercise of any of their functions;

(b)by the authority for the purposes of the exercise of any of their education functions.]

(5)Where a requirement under subsection (4) is imposed on the head teacher by the authority—

(a)the authority shall notify the governing body of that requirement, and

(b)the head teacher shall give the governing body a copy of any report made by him in complying with it.

Textual Amendments

F74Word in s. 30 heading inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 103(1)(c), 125(4); S.I. 2005/2034, art. 5 (with Sch. para. 2)

F75Words in s. 30(1) inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 103(1)(a), 125(4); S.I. 2005/2034, art. 5 (with Sch. para. 2)

F76Words in s. 30(2)(a) inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 103(1)(a), 125(4); S.I. 2005/2034, art. 5 (with Sch. para. 2)

F78Words in s. 30(3) inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 103(1)(b), 125(4); S.I. 2005/2034, art. 5 (with Sch. para. 2)

F80Words in s. 30(4) inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 103(1)(b), 125(4); S.I. 2005/2034, art. 5 (with Sch. para. 2)

Modifications etc. (not altering text)

C32S. 30(1)(2): power to repeal conferred (1.9.2005) by Education Act 2005 (c. 18), ss. 103(3), 125(4); S.I. 2005/2034, art. 5

Commencement Information

I66S. 30 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I67S. 30 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

F8230ASchool profilesE+W

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

Textual Amendments

31 Control of school premisesE+W

Regulations may make provision relating to the control by the governing body of a maintained school of the occupation and use of school premises.

Commencement Information

I68S. 31 in force at 2.1.2008 for specified purposes for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

I69S. 31 in force at 31.3.2008 for W. so far as not already in force by S.I. 2007/3611, art. 4(2), Sch. Pt. 2

32[F83Responsibility for fixing dates of terms and holidays and times of sessions: England]E+W

(1)In the case of a community, voluntary controlled or community special school [F84in England ] or a maintained nursery school [F84in England ]

(a)the [F8local authority] shall determine the dates when the school terms and holidays are to begin and end, and

(b)F85...the governing body shall determine the times of the school sessions.

(2)In the case of a foundation, voluntary aided or foundation special school [F86in England] the governing body shall determine—

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

(b)F87... the times of the school sessions.

(3)Regulations may make provision—

(a)as to the procedure to be followed where the governing body of a school within subsection (1) propose to make any change in the time of the school sessions;

(b)as to the implementation of any such proposal;

(c)for enabling the [F8local authority] to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school.

(4)In this section “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.

F88(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85Words in s. 32(1)(b) omitted (14.7.2014) by virtue of Education (Wales) Act 2014 (anaw 5), s. 50(4), Sch. 3 para. 1(2)(a)(ii); S.I. 2014/1605, art. 2(d)

F87Words in s. 32(2)(b) omitted (14.7.2014) by virtue of Education (Wales) Act 2014 (anaw 5), s. 50(4), Sch. 3 para. 1(2)(b)(ii); S.I. 2014/1605, art. 2(d)

Modifications etc. (not altering text)

Commencement Information

I70S. 32 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I71S. 32 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

[F8932AResponsibility for fixing term and holiday dates in WalesE+W

(1)A local authority in Wales must determine the term dates for each community, voluntary controlled or community special school or maintained nursery school in its area.

(2)A governing body of a foundation or voluntary aided school in Wales (a “relevant governing body”) must determine the term dates for its school.

(3)In exercising its functions under subsection (1), a local authority must co-operate and co-ordinate with—

(a)each relevant governing body in its area, and

(b)every other local authority in Wales,

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.

(4)In exercising its functions under subsection (2), a relevant governing body must co-operate and co-ordinate with—

(a)the local authority, and

(b)every other relevant governing body in the local authority's area,

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.

(5)Each local authority in Wales must notify the Welsh Ministers of the term dates which have been determined for a school year in respect of all the maintained schools in its area.

(6)The Welsh Ministers may by regulations make provision about the requirements of notification under subsection (5) including, in particular, provision about—

(a)the form and content of notifications;

(b)the period in which notification must be given;

(c)the procedure for notification.

(7)A local authority or a relevant governing body may alter the term dates which have been notified to the Welsh Ministers only if all the parties mentioned in subsection (8) agree to the alteration.

(8)The parties are—

(a)the local authority,

(b)each relevant governing body in the local authority's area, and

(c)the Welsh Ministers.

(9)In this section—

  • maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

  • term dates” means the dates on which the school terms and holidays are to begin and end.

Textual Amendments

F89Ss. 32A-32C inserted (12.5.2014 for specified purposes, 14.7.2014 in so far as not already in force) by Education (Wales) Act 2014 (anaw 5), ss. 42, 50(2); S.I. 2014/1605, art. 2(a)

32BWelsh Ministers' power to direct determination of term datesE+W

(1)The Welsh Ministers may direct a local authority in Wales or a relevant governing body to determine such term dates for a maintained school in Wales as may be specified in the direction.

(2)A direction under subsection (1) may, in particular—

(a)require different dates to be determined for different schools;

(b)be made in respect of such descriptions of schools as may be specified in the direction (for example, all community schools or all schools within a specified area);

(c)require the determination of different dates from those already determined or altered under section 32A.

(3)Before making a direction under subsection (1) the Welsh Ministers must carry out such consultation as they consider appropriate.

(4)The Welsh Ministers may, by regulations, make such further provision about such consultation as they consider necessary or expedient.

(5)The Welsh Ministers must publish a direction under subsection (1) electronically.

(6)In this section—

  • maintained school” has the same meaning as in section 32A(9);

  • relevant governing body” means the governing body of a foundation or voluntary aided school in Wales;

  • term dates” means the dates on which the school terms and holidays are to begin and end.

Textual Amendments

F89Ss. 32A-32C inserted (12.5.2014 for specified purposes, 14.7.2014 in so far as not already in force) by Education (Wales) Act 2014 (anaw 5), ss. 42, 50(2); S.I. 2014/1605, art. 2(a)

32CResponsibility for fixing times of school sessions in WalesE+W

(1)Except in the circumstances described in subsection (2), a governing body of a maintained school must determine the times of the school sessions for the school.

(2)The circumstances are—

(a)that the local authority in whose area the school is situated have given notice to the governing body that the times of the school sessions are to be determined in accordance with subsection (4), and

(b)that the notice has not been withdrawn by the local authority.

(3)A local authority must not give a notice under this section unless they consider that a change in the times of the school sessions is necessary or expedient in order to—

(a)promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008 (nawm 2), or

(b)improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure.

(4)In the circumstances described in subsection (2)—

(a)where there are 2 sessions on the relevant school day—

(i)the local authority must determine the time each day at which the first school session starts and the second school session ends, and

(ii)the governing body must determine the time each day at which the first school session ends and the second school session starts,

(b)where there is one school session on the relevant school day the local authority must determine the time each day at which the school session starts and ends.

(5)The Welsh Ministers may by regulations make provision—

(a)as to the procedure to be followed where the governing body of a community, voluntary controlled or community special school or maintained nursery school proposes to make any change in the time of the school sessions;

(b)as to the implementation of any such proposal;

(c)for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school;

(d)as to the procedure to be followed where the local authority propose to give a notice under this section;

(e)as to the form and content of such a notice;

(f)as to the implementation of a determination made under subsection (4).

(6)A local authority must have regard to any guidance given by the Welsh Ministers when giving a notice under subsection (2) or discharging any function conferred by this section or regulations made under it.

(7)In this section—

  • maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

  • 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.]

Textual Amendments

F89Ss. 32A-32C inserted (12.5.2014 for specified purposes, 14.7.2014 in so far as not already in force) by Education (Wales) Act 2014 (anaw 5), ss. 42, 50(2); S.I. 2014/1605, art. 2(a)

F9133 Annual parents’ meetings[F90: Wales] E+W

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

Textual Amendments

F90Word in s. 33 heading inserted (1.9.2005) by Education Act 2005 (c. 18), ss. 103(2)(b), 125(4); S.I. 2005/2034, art. 5

34 Arrangements for government of new schoolsU.K.

(1)Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the [F8local authority] shall make arrangements providing for the constitution of a temporary governing body for the school.

(2)Once constituted in accordance with arrangements made under subsection (1), the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government.

(3)The [F8local authority] shall secure that the governing body are so constituted before such date as may be determined in accordance with regulations.

(4)The requirement for there to be an instrument of government for a school (imposed by section 20) shall take effect in relation to a school falling within subsection (1) above as from the date determined under subsection (3).

(5)Regulations may make provision with respect to—

(a)the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1),

(b)the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies,

(c)the exercise by a temporary governing body before the school opening date of the powers conferred by section 27,

(d)the transition from a temporary governing body to a governing body constituted under an instrument of government, and

(e)such other matters relating to temporary governing bodies as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

(6)Regulations under subsection (5) may, in connection with any matters falling within that subsection—

(a)modify any provision made under any of sections 19, 20 or 23 or by Schedule 1;

(b)apply any such provision with or without modifications;

(c)make provision corresponding or similar to any such provision.

(7)Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period—

(a)beginning with the school opening date, and

(b)ending with the time when the governing body are constituted for the school under an instrument of government;

and for the purposes of section 30(3) of this Act and sections 495 to 498 of the Education Act 1996 (c. 56) (general default powers of the Secretary of State) [F92and Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools in Wales)] the temporary governing body of a school shall also be so treated at any time falling before the school opening date.

(8)Despite subsection (7), nothing in any of the following provisions, namely—

(a)section 20(1),

(b)(subject to any regulations made under subsection (5)) Schedule 1, or

(c)(subject to any regulations made under subsection (5)) regulations made under section 19, 20 or 23,

applies to any temporary governing body.

(9)In this section “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.

Textual Amendments

Commencement Information

I72S. 34 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I73S. 34 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

35 Staffing of community, voluntary controlled, community special and maintained nursery schoolsE+W

(1)This section applies to—

(a)community schools,

(b)voluntary controlled schools,

(c)community special schools, and

(d)maintained nursery schools.

(2)Any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the [F8local authority].

(3)The teaching staff of any school to which this section applies shall include—

(a)a person appointed as head teacher, or

(b)a person appointed to carry out the functions of the head teacher of the school—

(i)pending the appointment of a head teacher, or

(ii)in the absence of the head teacher.

(4)Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5)Regulations under subsection (4) may, in particular—

(a)make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b)make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c)make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—

(i)the provision of facilities and services under section 27, or

(ii)any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body, and

(d)confer functions on [F45local authorities], governing bodies and head teachers.

(6)In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), regulations under subsection (4) shall have effect subject to the provisions of that section.

(7)If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF93... Schedule 15 to, the School Standards and Framework Act 1998[F94, or section 66 of the Education and Inspections Act 2006[F95, or section 8 of the School Standards and Organisation (Wales) Act 2013], ]

(a)regulations under subsection (4) shall not apply, and

(b)the provisions of Part 1 of Schedule 2 shall apply instead.

(8)[F96In discharging any function conferred by regulations under subsection (4), a [F8local authority] [F97in Wales] or the governing body or head teacher of a maintained school [F98in Wales] shall have regard to any guidance given from time to time—

F99(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F100...by the National Assembly for Wales.]

Textual Amendments

F94Words in s. 35(7) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 19(1), 82(3); S.I. 2012/84, art. 3

F96S. 35(8) ceases to have effect (E.) (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(1); S.I. 2015/1732, art. 3(a)

F99S. 35(8)(a) and word omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(2)(c); S.I. 2015/1732, art. 3(a)

F100Words in s. 35(8)(b) omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(2)(d); S.I. 2015/1732, art. 3(a)

Modifications etc. (not altering text)

C40S. 35(7) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 17A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(2))

Commencement Information

I74S. 35 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

I75S. 35(1)-(3)(6)-(8) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I76S. 35(4)(5) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

36 Staffing of foundation, voluntary aided and foundation special schoolsE+W

(1)This section applies to—

(a)foundation schools,

(b)voluntary aided schools, and

(c)foundation special schools.

(2)Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school.

(3)The teaching staff of any school to which this section applies shall include—

(a)a person appointed as head teacher, or

(b)a person appointed to carry out the functions of the head teacher of the school—

(i)pending the appointment of a head teacher, or

(ii)in the absence of the head teacher.

(4)Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5)Regulations under subsection (4) may, in particular—

(a)make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b)make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c)make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—

(i)the provision of facilities and services under section 27, or

(ii)any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body,

(d)enable teachers and other staff to be employed by the [F8local authority] in prescribed cases, and

(e)confer functions on [F45local authorities], governing bodies and head teachers.

(6)Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).

(7)If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF101... Schedule 15 to, the School Standards and Framework Act 1998[F102, or section 66 of the Education and Inspections Act 2006[F103, or section 8 of the School Standards and Organisation (Wales) Act 2013],] regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.

(8)[F104In discharging any function conferred by regulations under subsection (4), a [F8local authority] [F105in Wales] or the governing body or head teacher of a maintained school [F106in Wales] shall have regard to any guidance given from time to time—

F107(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F108... by the National Assembly for Wales.]

Textual Amendments

F102Words in s. 36(7) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 19(2), 82(3); S.I. 2012/84, art. 3

F104S. 36(8) ceases to have effect (E.) (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 5(1); S.I. 2015/1732, art. 3(a)

F107S. 36(8)(a) and word omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 5(2)(c); S.I. 2015/1732, art. 3(a)

F108Words in s. 36(8)(b) omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 5(2)(d); S.I. 2015/1732, art. 3(a)

Commencement Information

I77S. 36 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

I78S. 36(1)-(3)(6)-(8) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I79S. 36(4)(5) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

37 Payments in respect of dismissal, etc.E+W

(1)It shall be for the governing body of a maintained school to determine—

(a)whether any payment should be made by the [F8local authority] in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and

(b)the amount of any such payment.

(2)Subsection (1) does not, however, apply in relation to a payment which the [F8local authority] are required to make—

(a)by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or

(b)under any statutory provision.

(3)The [F8local authority]

(a)shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and

(b)shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.

(4)Subject to subsection (7), costs incurred by the [F8local authority] in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school’s budget share for one or more [F109funding periods] except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met.

(5)Subject to subsection (7), costs incurred by the [F8local authority] in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school’s budget share for any [F110funding period] except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

(6)The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5); and in this subsection the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the Employment Rights Act 1996 (c. 18).

(7)Where a [F8local authority] incur costs—

(a)in respect of any premature retirement of any member of the staff of a maintained school who is employed for community purposes, or

(b)in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school who is employed for those purposes,

they shall recover those costs from the governing body except in so far as the authority agree with the governing body in writing (whether before or after the retirement, dismissal or resignation occurs) that they shall not be so recoverable.

[F111(7A)Any amount payable by virtue of subsection (7) by the governing body of a maintained school in England to the local authority may be met by the governing body out of the school's budget share for any funding period if and to the extent that the condition in subsection (7B) is met.

(7B)The condition is that the governing body are satisfied that meeting the amount out of the school's budget share will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.]

(8)Any amount payable by virtue of subsection (7) by the governing body of a maintained school [F112 in Wales] to the [F8local authority] shall not be met by the governing body out of the school’s budget share for any [F113funding period].

(9)Where a person is employed partly for community purposes and partly for other purposes, any payment or costs in respect of that person is to be apportioned between the two purposes; and the preceding provisions of this section shall apply separately to each part of the payment or costs.

(10)Regulations may make provision with respect to the recovery from governing bodies of amounts payable by virtue of subsection (7).

(11)Subsections (1) to (6) do not apply to a maintained school at any time when the school does not have a delegated budget by virtue of any suspension under F114... Schedule 15 to, the School Standards and Framework Act 1998 (c. 31) [F115or section 8 of the School Standards and Organisation (Wales) Act 2013].

[F116(12)In this section—

  • community purposes” means the purposes of the provision of facilities or services under section 27;

  • funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.]

Textual Amendments

F109Words in s. 37(4) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 14(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

F110Words in s. 37(5) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 14(3) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

F111S. 37(7A)(7B) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 47(2), 82(2)(c)

F112Words in s. 37(8) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 47(3), 82(2)(c)

F113Words in s. 37(8) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 14(3) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

F116S. 37(12) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 14(4) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

Modifications etc. (not altering text)

C42S. 37(1)-(7B) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 17B (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(2))

C43S. 37(9) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 17B (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(2))

C44S. 37(11)(12) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 17B (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(2))

Commencement Information

I80S. 37 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I81S. 37 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

38 Communication with schoolsE+W

(1)In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to—

(a)the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,

(b)the benefits that are expected to result from the issue of the guidance or other circular, and

(c)the desirability of avoiding—

(i)the sending of excessive material to governing bodies or head teachers, and

(ii)the imposition of excessive administrative burdens on governing bodies or head teachers.

(2)In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year—

(a)prepare a report listing—

(i)documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and

(ii)documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and

(b)lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.

(3)In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing—

(a)documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and

(b)documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.

(4)The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales—

(a)otherwise than in the exercise of functions relating to education, or

(b)at the request of the person to whom it is sent.

(5)Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.

(6)Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.

(7)In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.

Commencement Information

I82S. 38 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with Sch. Pt para. 1)

I83S. 38(1)(2)(4)-(7) in force at 1.10.2003 except in relation to W. by S.I. 2003/1667, art. 5 (with Sch. para. 1, Sch. Sch. para. 1A) (which transitional provisions in Sch. para. 1 are revoked (1.4.2004) by S.I. 2004/571, art. 3, Sch.; and in Sch. para. 1A are inserted (10.9.2005) by S.I. 2005/2570, art. 2(a))

39 Interpretation of Chapter 1E+W

(1)In this Chapter—

  • budget share” has the same meaning as in Part 2 of the School Standards and Framework Act 1998 (c. 31);

  • federation” and “federated school[F117in relation to England ] have the meaning given by section 24;

  • maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

  • maintained nursery school” means a nursery school which is maintained by a [F8local authority] and is not a special school;

  • statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).

(2)In this Chapter—

(a)references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share, and

(b)where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.

Textual Amendments

Commencement Information

I84S. 39 partly in force; s. 39 not in force at Royal Assent, see s. 216; s. 39(2) and the definition of "budget share" in s. 39(1) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I85S. 39(1) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I86S. 39(1) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I87S. 39(1) in force at 1.9.2004 for specified purposes for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I88S. 39(1) in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.

I89S. 39(2) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

40 Amendments of Part 2 of School Standards and Framework Act 1998E+W

Schedule 3 (which contains amendments of Part 2 of the School Standards and Framework Act 1998 relating to the power conferred by section 27 and to the engagement of staff otherwise than as employees) shall have effect.

Commencement Information

I90S. 40 partly in force; s. 40 not in force at Royal Assent, see s. 216; s. 40 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I91S. 40 in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I92S. 40 in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I93S. 40 in force at 1.4.2006 for W. so far as not already in force by S.I. 2006/879, art. 4, Sch.

Chapter 2E+WFinancing of maintained schools

Determination of budgetsE+W

41 Determination of specified budgets of [F8local authority] E+W

(1)After section 45 of the School Standards and Framework Act 1998 there is inserted—

45A Determination of specified budgets of [F8local authority]

(1)For the purposes of this Part, a [F8local authority]’s “ [F8local authority] budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection.

(2)For the purposes of this Part, a [F8local authority]’s “schools budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).

(3)For the purposes of this Part, a [F8local authority]’s “individual schools budget” for a financial year is the amount remaining after deducting from the authority’s schools budget for that year such planned expenditure by the authority in respect of that year as they may determine should be so deducted in accordance with regulations.

(4)Regulations under subsection (3) may—

(a)prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;

(b)provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely—

(i)such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and

(ii)such other conditions as may be so specified or determined.

(5)Before the [F118schools budget deadline] in any financial year, a [F8local authority] shall—

(a)determine the proposed amount of their schools budget for the following financial year, and

(b)give notice of their determination to the Secretary of State and to the governing body of every school maintained by the authority.

[F119(6)For the purposes of this section and section 45B “the schools budget deadline” is—

(a)the end of December in the case of an authority in England, and

(b)the end of January in the case of an authority in Wales.]

F120(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 46 of that Act (determination of [F8local authority]’s local schools budget and individual schools budget) shall cease to have effect.

Textual Amendments

F118Words in s. 41 substituted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(3); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F119Words in s. 41 inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(4); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F120S. 41(2) repealed (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 4; S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(f)

Commencement Information

I94S. 41 partly in force; s. 41 not in force at Royal Assent, see s. 216; s. 41(1)(3) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I95S. 41 in force at 4.12.2003 for W. by S.I. 2003/2961, art. 5, Sch. Pt. II

F12142 Power of Secretary of State to set minimum schools budgetE+W

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

Textual Amendments

F121S. 42 repealed (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 4; S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(f)

43 Schools forumsE+W

After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted—

Schools forumsE+W
47A Schools forums

(1)Every [F8local authority] shall in accordance with regulations establish for their area before such date as may be prescribed a body, to be known as a schools forum, representing the governing bodies and head teachers of schools maintained by the authority and, if the authority so determine, also representing such bodies as the authority may from time to time in accordance with regulations determine.

(2)Subsection (1) does not apply in relation to the Common Council of the City of London or the Council of the Isles of Scilly.

(3)The purpose of a schools forum is to advise the relevant authority on such matters relating to the authority’s schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection.

(4)Regulations under section 45A(3) or under subsection (3) may include provision requiring a relevant authority to have regard to advice given by their schools forum, or requiring a relevant authority to consult their schools forum in relation to prescribed matters or before taking prescribed decisions.

(5)Regulations may make provision as to the constitution, meetings and proceedings of a schools forum.

(6)Regulations made by virtue of subsection (5) may include provision enabling the Secretary of State in prescribed circumstances to remove from membership of a schools forum any non-schools member.

(7)Regulations may make provision with respect to expenses of a schools forum.

(8)Except as provided by regulations, the expenses of a schools forum shall be defrayed by the relevant authority.

(9)In this section—

  • non-schools member”, in relation to a schools forum, means a member other than a schools member;

  • relevant authority”, in relation to a schools forum, means the [F8local authority] by whom the forum is established;

  • schools member”, in relation to a schools forum, means a member elected to represent governing bodies or head teachers of schools maintained by the relevant authority.

Textual Amendments

Commencement Information

I96S. 43 partly in force; s. 43 not in force at Royal Assent, see s. 216; s. 43 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I97S. 43 in force at 1.11.2003 for W. by S.I. 2003/1718, art. 6, Sch. Pt. III

Accounts and financial statementsE+W

44 Accounts of maintained schoolsE+W

(1)Regulations may require the governing body of a maintained school—

(a)to keep prescribed accounts and prescribed records in relation to the accounts,

(b)to prepare prescribed financial statements or reports,

(c)to comply with prescribed conditions with respect to audit, and

(d)to send copies of the accounts, together with such financial statements or reports as may be prescribed, to the [F8local authority].

(2)The regulations may—

(a)impose on the governing body requirements relating to—

(i)resources held by the governing body, and

(ii)other resources whose application is controlled by the governing body, and

(b)provide that for the purposes of the regulations any resources which, although not held by the governing body, appear to the [F8local authority] to be available for the purposes of the school or for the purposes of the maintenance of any part of the school premises are to be taken to fall within paragraph (a)(ii) unless the governing body satisfy the [F8local authority] that the governing body do not control the application of those resources.

(3)For the purposes of subsection (2), any powers exercisable by the head teacher are to be taken to be exercisable by the governing body.

(4)The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a [F8local authority] to give him or it copies of accounts or other documents received by the authority from a governing body in accordance with regulations under this section.

(5)The regulations may prescribe the form or manner in which, the period by reference to which, and the time within which, anything required by the regulations must be done.

(6)The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may—

(a)publish information provided in accordance with regulations under this section in such form and manner as he or it considers appropriate,

(b)make arrangements for such information to be published in such form and manner, and by such persons, as he or it may specify for the purposes of this section, and

(c)make regulations requiring [F45local authorities] to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

(7)In this section “maintained school” has the same meaning as in Chapter 1.

Textual Amendments

Commencement Information

I98S. 44(1)-(6) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I99S. 44(7) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

45 Financial statementsE+W

(1)Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by [F8local authority] ) is amended as follows.

(2)In subsection (2), the word “and” at the end of paragraph (b) is omitted and after paragraph (c) there is inserted and

(d)accountable resources held, received or expended in the year by any person in relation to a school maintained by the authority.

(3)After subsection (2) there is inserted—

(2A)In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the [F8local authority] but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).

Textual Amendments

Commencement Information

I100S. 45 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

Chapter 3U.K.Admissions, exclusions and attendance

Admission arrangementsE+W

46 Admission forumsE+W

After section 85 of the School Standards and Framework Act 1998 there is inserted—

Admission forumsE+W
85A Admission forums

(1)A [F8local authority] shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—

(a)advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and

(b)advising the admission authorities for maintained schools in the area for which the forum is established on—

(i)such matters connected with the determination of admission arrangements, and

(ii)such other matters connected with the admission of pupils,

as may be prescribed.

(2)The authority may establish sub-committees of the forum.

(3)Regulations may make provision—

(a)as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,

(b)as to the manner in which advice is to be given by a forum, and

(c)as to the establishment by [F45local authorities] of joint admission forums.

(4)The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.

(5)The [F8local authority] shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.

Textual Amendments

Commencement Information

I101S. 46 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I102S. 46 in force at 1.12.2003 for W. by S.I. 2003/2961, art. 4, Sch. Pt. I

47 Admission numbersE+W

(1)For section 86(5) of the School Standards and Framework Act 1998 (c. 31) (no prejudice for the purposes of subsection (3)(a) to be taken to arise from the admission of a number of pupils not exceeding the relevant standard number or the admission number, whichever is greater) there is substituted—

(5)No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.

(5A)Those conditions are—

(a)that the school is one at which boarding accommodation is provided for pupils; and

(b)that the determination under section 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in paragraphs (a) and (b) of section 89A(2).

(5B)Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following—

(a)the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;

(b)the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.

(2)After section 89 of that Act there is inserted—

89A Determination of admission numbers

(1)A determination under section 89 by the admission authority for a maintained school of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.

(2)Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include—

(a)a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and

(b)a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders.

(3)Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to—

(a)any prescribed method of calculation, and

(b)any other prescribed matter.

(4)References in this section to the determination of any number include references to the determination of zero as that number.

Commencement Information

I103S. 47 partly in force; s. 47 not in force at Royal Assent, see s. 216; s. 47 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) (as amended (4.12.2003) by S.I. 2003/2992, arts. 1, 3)

I104S. 47 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

48 Co-ordination of admission arrangementsE+W

After section 89A of the School Standards and Framework Act 1998 (c. 31) there is inserted—

89B Co-ordination of admission arrangements

(1)Regulations may require a [F8local authority]

(a)to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and

(b)to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.

(2)Subject to subsection (3), the Secretary of State may make, in relation to the area of a [F8local authority] and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.

(3)A scheme may not be made under subsection (2) in relation to a [F8local authority] and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—

(a)a scheme formulated by the [F8local authority] in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and

(b)the authority provide the Secretary of State with a copy of the scheme and inform him that the scheme has been so adopted.

(4)The Secretary of State may by regulations require [F45local authorities] to provide other [F45local authorities] with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.

(5)Regulations may provide—

(a)that each [F8local authority] shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the [F8local authority], in each year, or

(b)that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.

(6)In this section—

  • academic year” means a period commencing with 1st August and ending with the next 31st July;

  • qualifying scheme” means a scheme that meets prescribed requirements.

89C Further provision about schemes adopted or made by virtue of section 89B

(1)Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—

(a)[F45local authorities], and

(b)the admission authorities for maintained schools.

(2)Regulations may provide that where a [F8local authority] or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a [F8local authority] for the purpose mentioned in section 89B(1)(a), sections 496 and 497 of the Education Act 1996 shall apply as if any obligations imposed on the [F8local authority] or governing body under the scheme were duties imposed on them by that Act.

(3)Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of this section so provides, be made by the [F8local authority] regardless of whether they are the admission authority for the school.

(4)Before proposing a scheme for adoption under section 89B(1) a [F8local authority] shall comply with such requirements as to consultation as may be prescribed.

(5)Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different [F45local authorities] are, so far as is reasonably practicable, compatible with each other.

(6)Before making a scheme under section 89B(2) in relation to the area of any [F8local authority], the Secretary of State shall consult—

(a)the [F8local authority], and

(b)any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.

(7)A scheme made under section 89B(2) may be varied or revoked by the Secretary of State.

Textual Amendments

Commencement Information

I105S. 48 partly in force; s. 48 not in force at Royal Assent, see s. 216; s. 48 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I106S. 48 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

49 Repeal of power to make certain special arrangements for preserving religious characterE+W

Section 91 of the School Standards and Framework Act 1998 (c. 31) (special arrangements to preserve religious character of foundation or voluntary aided school) shall cease to have effect.

Commencement Information

I107S. 49 wholly in force at 19.12.2002; s. 49 not in force at Royal Assent, see s. 216; s. 49 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I (with transitional provisions and savings in art. 7)

50 Admission appealsE+W

In section 94 of the School Standards and Framework Act 1998 (appeal arrangements: general) for subsection (5) there is substituted—

(5)An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations.

(5A)Regulations may make provision about the making of appeals pursuant to such arrangements, including provision—

(a)as to the procedure on such appeals,

(b)for the payment by the [F8local authority] of allowances to members of an appeal panel, and

(c)as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned.

(5B)This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section.

(5C)Regulations made by virtue of subsection (5A)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.

Textual Amendments

Commencement Information

I108S. 50 partly in force; s. 50 not in force at Royal Assent, see s. 216; s. 50 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch. para. 3)

I109S. 50 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 3)

I110S. 50 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3))

51 Further amendments relating to admission arrangementsE+W

Schedule 4 (which contains further amendments relating to admission arrangements) shall have effect.

Commencement Information

I111S. 51 partly in force; s. 51 not in force at Royal Assent, see s. 216; s. 51 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with Sch.)

I112S. 51 in force at 20.1.2003 so far as not already in force except in relation to W. by S.I. 2002/2952, art. 2

I113S. 51 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I114S. 51 in force at 31.3.2004 for specified purposes for W. by S.I. 2004/912, art. 4, Sch. Pt. 1

I115S. 51 in force at 31.5.2005 for specified purposes for W. by S.I. 2005/1395, art. 4, Sch.

I116S. 51 in force at 1.2.2006 for W. so far as not already in force by S.I. 2006/172, art. 4, Sch.

Exclusion of pupilsE+W

[F12251AExclusion of pupils: EnglandE+W

(1)The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently.

(2)The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently.

(3)Regulations must make provision—

(a)requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2);

(b)requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated;

(c)requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil;

(d)about the constitution of a review panel;

(e)about the procedure to be followed on a review under paragraph (c).

(4)On an application by virtue of subsection (3)(c), the review panel may—

(a)uphold the decision of the responsible body,

(b)recommend that the responsible body reconsiders the matter, or

(c)if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter.

(5)Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c).

(6)In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period.

(7)Regulations must make provision about—

(a)how the amount of the adjustment is to be determined;

(b)the effect of the adjustment on the budget shares of other maintained schools for the funding period.

(8)Regulations under this section may also make provision—

(a)for the payment by the local authority of allowances to members of the review panel;

(b)requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State;

(c)requiring local authorities to give prescribed information to the Secretary of State;

(d)in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).

(9)Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel.

(10)In this section—

  • budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998;

  • exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly);

  • maintained school” has the same meaning as in Chapter 1;

  • the responsible body” means—

    (a)

    in relation to exclusion from a maintained school, the governing body of the school;

    (b)

    in relation to exclusion from a pupil referral unit, such person as may be prescribed.

(11)In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if—

(a)paragraph (b) were omitted, and

(b)the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.

(12)Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.]

Textual Amendments

F122S. 51A inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 4(2), 82(3); S.I. 2012/1087, art. 3 (with art. 4)

Modifications etc. (not altering text)

52 Exclusion of pupils[F123: Wales] E+W

(1)The head teacher of a maintained school [F124in Wales] may exclude a pupil from the school for a fixed period or permanently.

(2)The teacher in charge of a pupil referral unit [F125in Wales] may exclude a pupil from the unit for a fixed period or permanently.

(3)Regulations shall make provision—

(a)requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2),

(b)requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated,

(c)requiring the [F8local authority] to make arrangements for enabling a prescribed person to appeal, in any prescribed case, to a panel constituted in accordance with the regulations against any decision of the responsible body not to reinstate a pupil, and

(d)as to the procedure on appeals.

(4)Regulations under this section may also make provision—

(a)for the payment by the [F8local authority] of allowances to members of a panel constituted in accordance with the regulations,

(b)requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time F126... by the National Assembly for Wales,

(c)requiring [F45local authorities] to give prescribed information to F127... the Assembly, F127... and

(d)in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).

(5)In subsection (3), “the responsible body” means—

(a)in relation to exclusion from a maintained school, the governing body of the school, and

(b)in relation to exclusion from a pupil referral unit, such person as may be prescribed;

and, in relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) shall have effect in relation to such an exclusion with the omission of paragraph (b) and as if the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.

(6)Regulations made by virtue of subsection (4)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70) [F128or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011] (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a panel constituted in accordance with regulations under this section.

(7)Regulations shall make provision enabling a prescribed person, in any prescribed case, to appeal to a panel constituted in accordance with the regulations against any decision made after 31st August 1994 under paragraph 7 of Schedule 1 to the Education Act 1996 (c. 56), or any enactment repealed by that Act, in relation to the permanent exclusion of a pupil from a pupil referral unit; and the provision that may be made by regulations made by virtue of this subsection in relation to any such decision includes any provision that could after the commencement of subsections (2) to (4) be made in relation to a decision falling within subsection (3)(c).

(8)Regulations under this section which—

(a)relate to exclusions from pupil referral units (whether before or after the passing of this Act), and

(b)are made before the repeal by this Act of the existing enactments is fully in force,

may provide for any provision made by or under the existing enactments to have effect in relation to exclusions from pupil referral units with such modifications as may be prescribed.

(9)In subsection (8) “the existing enactments” means sections 64(2) and (3) and 65 to 67 of, and Schedule 18 to, the School Standards and Framework Act 1998 (c. 31).

(10)In this section “exclude”, in relation to the exclusion of a child from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly).

(11)In this section “maintained school” has the same meaning as in Chapter 1.

Textual Amendments

F123Word in s. 52 heading and colon inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 4(3)(d), 82(3); S.I. 2012/1087, art. 3 (with art. 4)

F124Words in s. 52(1) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 4(3)(a), 82(3); S.I. 2012/1087, art. 3 (with art. 4)

F125Words in s. 52(2) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 4(3)(b), 82(3); S.I. 2012/1087, art. 3 (with art. 4)

F126Words in s. 52(4)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 4(3)(c)(i), 82(3); S.I. 2012/1087, art. 3 (with art. 4)

F127Words in s. 52(4)(c) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 4(3)(c)(ii), 82(3); S.I. 2012/1087, art. 3 (with art. 4)

Modifications etc. (not altering text)

Commencement Information

I117S. 52(7)-(10) in force at Royal Assent, see s. 216(1)

I118S. 52(1)-(6) in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 4)

I119S. 52(1)-(6) in force at 9.1.2004 for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I120S. 52(11) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I121S. 52(11) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

Attendance targetsE+W

53 Attendance targetsE+W

(1)Section 63 of the School Standards and Framework Act 1998 (power to make regulations for targets relating to unauthorised absences) is amended as follows.

(2)In subsections (1) and (3), the word “unauthorised” is omitted.

(3)After subsection (3) there is inserted—

(3A)Provision made by regulations under this section may relate to—

(a)absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or

(b)absences which are not so authorised, or

(c)both.

(4)In subsection (4), the definition of “unauthorised absence” is omitted.

Commencement Information

I122S. 53 in force at 1.6.2004 except in relation to W. by S.I. 2004/1318, art. 2

I123S. 53 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

Part 4E+WPowers of intervention

Schools causing concernE+W

F12954 Duty to notify where inspection shows school causing concernE+W

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

Textual Amendments

F129S. 54 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F13055 Cases in which powers of intervention exercisableE+W

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

Textual Amendments

Commencement Information

I124S. 55 wholly in force at 19.12.2002; s. 55 not in force at Royal Assent, see s. 216; s. 55 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4 and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F13056 Power of Secretary of State to appoint additional governors or direct closureE+W

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

Textual Amendments

Commencement Information

I125S. 56 wholly in force at 19.12.2002; s. 56 not in force at Royal Assent, see s. 216; s. 56 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4 and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F13057 Power of [F8local authority] to provide for governing body to consist of interim executive membersE+W

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

Textual Amendments

Commencement Information

I126S. 57 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I127S. 57 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F13058 Power of Secretary of State to provide for governing body to consist of interim executive membersE+W

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

Textual Amendments

Commencement Information

I128S. 58 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I129S. 58 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F13059 Governing bodies consisting of interim executive membersE+W

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

Textual Amendments

Commencement Information

I130S. 59 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I131S. 59 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

[F45Local authorities] E+W

60 Powers of Secretary of State to secure proper performance of [F8local authority]'s functionsE+W

(1)Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of [F8local authority]) is amended as follows.

(2)For subsection (1) there is substituted—

(1)This section applies to a [F8local authority]’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a [F8local authority].

(3)In subsection (2), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

(4)After subsection (2) there is inserted—

(2A)The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

(a)he has given a previous direction under subsection (4), (4A) or (4B) in relation to a [F8local authority] in respect of any function to which this section applies, and

(b)he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of the previous direction the authority would fail in any respect to perform that function to an adequate standard (or at all).

(5)Subsection (3) is omitted.

(6)For subsection (4) there is substituted—

(4)The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.

(7)After subsection (4) there is inserted—

(4A)The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

(4B)The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to any function) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed to an adequate standard.

(8)For subsection (5) there is substituted—

(5)Where the Secretary of State considers it expedient that—

(a)in the case of directions given under subsection (4), the person specified in the directions, or

(b)in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions under subsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations.

(9)In subsection (6), for paragraph (b) there is substituted—

(b)have effect for a period specified in the direction unless revoked earlier by the Secretary of State.

(10)In subsection (7), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

Textual Amendments

Commencement Information

I132S. 60 partly in force; s. 60 not in force at Royal Assent, see s. 216; s. 60 in force for E. at 26.7.2002 by S.I. 2002/2002, art. 3

I133S. 60 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

61 Power to secure proper performance: duty of authority where directions contemplatedE+W

After section 497A of the Education Act 1996 (c. 56) there is inserted—

497AA Power to secure proper performance: duty of authority where directions contemplated

Where, in relation to any function to which section 497A applies, the Secretary of State—

(a)is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and

(b)has notified the [F8local authority] that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,

the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I134S. 61 in force at 26.7.2002 for E. by S.I. 2002/2002, art. 3

I135S. 61 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

62 Power to secure proper performance: further provisionsE+W

(1)Section 497B of the Education Act 1996 is amended as follows.

(2)In subsection (1), for the words from “section 497A(4)” to “those directions” there is substituted “ section 497A(4) or (4A) to a [F8local authority] or to an officer of such an authority, the specified person ”.

(3)After that subsection there is inserted—

(1A)In this section “the specified person” means—

(a)in relation to directions under section 497A(4), the person specified in the directions, and

(b)in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I136S. 62 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I137S. 62 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

[F13162APower to require [F8local authority] in England to obtain advisory servicesE+W

(1)This section applies where—

(a)one or more schools maintained by a [F8local authority] in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—

(i)section 61 (school requiring significant improvement), or

(ii)section 62 (school requiring special measures), and

(b)it appears to the Secretary of State that the [F8local authority]

(i)have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii)are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii)maintain a disproportionate number of schools falling within that paragraph.

[F132(1A)This section also applies where it appears to the Secretary of State that—

(a)a [F8local authority] in England maintain a disproportionate number of low-performing schools, and

(b)the authority—

(i)have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

(ii)are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

(1B)In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

(1C)For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain;

(b)where relevant, the standards previously attained by them;

(c)the standards attained by pupils at comparable schools.]

(2)The Secretary of State may direct the [F8local authority] to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.

(3)The direction may require the contract or other arrangement to contain specified terms and conditions.

(4)In this section

  • [F133pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);]

  • school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(5)Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.]

F13563 Power to require [F8local authority] [F134in Wales] to obtain advisory servicesE+W

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

Textual Amendments

Commencement Information

I138S. 63 partly in force; s. 63 not in force at Royal Assent, see s. 216; s. 63 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I139S. 63 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

64 Provisions supplementary to [F136sections 62A and 63] E+W

(1)Where [F137section 62A F138...] applies in relation to a [F8local authority] and the Secretary of State F139... has notified the authority that he F140...is contemplating the giving of a direction under that section, the authority shall give the Secretary of StateF141..., and any person authorised by the Secretary of StateF141... for the purposes of this subsection, such assistance, in connection with the proposed contract or other arrangement, as the authority are reasonably able to give.

(2)Where a direction under [F142section 62AF143...] is given to a [F8local authority], the relevant person shall be entitled, for the purposes of providing the advisory services, to exercise the powers conferred by subsections (3) to (6).

(3)The relevant person shall have at all reasonable times—

(a)a right of entry to the premises of the authority, and

(b)a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the provision of the advisory services.

(4)Section 497B(3) of the Education Act 1996 (c. 56) (right of access to computers etc) applies in relation to the exercise by the relevant person of the right conferred by subsection (3) as it applies to the exercise by the specified person (within the meaning of that section) of the right conferred by section 497B(2) of that Act.

(5)Without prejudice to subsection (3), the authority shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give.

(6)Subsection (3) applies in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—

(a)the governing body of any such school shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give, and

(b)the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.

(7)In this section—

  • the advisory services” means the services to be provided in pursuance of the direction under [F144section 62AF145...];

  • documents” and “records” each include information recorded in any form;

  • the relevant person” means—

    (a)

    the person specified under [F146section 62A(2) F145...], or

    (b)

    where the direction specifies a class of persons, the person with whom the [F8local authority] enter into the contract or other arrangement required by the direction,

    and includes any person assisting that person in the provision of the advisory services.

Textual Amendments

Commencement Information

I140S. 64 partly in force; s. 64 not in force at Royal Assent, see s. 216; s. 64 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I141S. 64 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

Part 5E+WSchool organisation

Academies and city collegesE+W

65 AcademiesE+W

F147(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 7 (which inserts a new Schedule into the Education Act 1996 (c. 56) to make provision about land in relation to Academies, and makes other supplementary provision about Academies) shall have effect.

Textual Amendments

F147S. 65(1) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 19; S.I. 2012/84, art. 3 (with art. 5)

F14966 Arrangements for admission of pupils to AcademiesE+W

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

Textual Amendments

F15067 Conversion of city academies into AcademiesE+W

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

F15168 City collegesE+W

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

69 Uniform statutory trustsE+W

In section 557 of the Education Act 1996 (uniform statutory trusts), in the definition of “relevant school” in subsection (10), after “means a relevant school” there is inserted “ , Academy, city technology college or city college for the technology of the arts, ”.

Proposals to establish, alter or discontinue schoolsE+W

F15270 Proposals for additional secondary schoolsE+W

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

Textual Amendments

F15371 Duty of [F45local authorities] to secure proposalsE+W

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

F15472 Proposals relating to sixth formsE+W

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

F15573 Proposals by governing bodies of community schoolsE+W

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

Textual Amendments

Commencement Information

I142S. 73 in force at 1.6.2003 by S.I. 2003/1115, art. 2

F15674 Proposals for establishment of federated schoolE+W

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

Textual Amendments

75 Changes to existing proceduresE+W

Schedule 10 (which makes amendments to the School Standards and Framework Act 1998 and the Learning and Skills Act 2000 in respect of the procedures for the establishment, alteration and discontinuance of certain maintained schools) shall have effect.

Commencement Information

I143S. 75 in force at 19.12.2002 for certain purposes for W. by S.I. 2002/3185, art. 4, Sch. Pt. I

I144S. 75 in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I145S. 75 in force at 1.6.2003 so far as not already in force except in relation to W. by S.I. 2003/1115, art. 3

I146S. 75 in force at 2.1.2008 for W. so far as not already in force by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Part 6E+WThe curriculum in England

Modifications etc. (not altering text)

PreliminaryE+W

76 Interpretation of Part 6E+W

[F157(1)]In this Part—

  • assess” includes F158... test, and related expressions shall be construed accordingly;

  • [F159assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage [F160for the specified purposes];]

  • attainment targets”, in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;

  • F161...

  • the foundation stage” has the meaning given by section 81;

  • key stage”, or references to a particular key stage, shall be construed in accordance with section 82;

  • maintained school” means—

    (a)

    any community, foundation or voluntary school maintained by a [F8local authority] in England, or

    (b)

    except where otherwise stated, any community or foundation special school which is maintained by a [F8local authority] in England and is not established in a hospital;

  • maintained nursery school” means a nursery school which is maintained by a [F8local authority] in England and is not a special school;

  • programmes of study”, in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;

  • F161...

  • school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first school term to begin after the following July; F162...

[F163(2)In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—

(a)the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and

(b)such other purposes as the Secretary of State may by order specify.]

F16477 Meaning of “nursery education” and related expressionsE+W

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

Textual Amendments

General duties in respect of the curriculumE+W

78 General requirements in relation to curriculumE+W

(1)The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—

(a)promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and

(b)prepares pupils at the school for the opportunities, responsibilities and experiences of later life.

F165(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I147S. 78 wholly in force at 1.10.2002; s. 78 not in force at Royal Assent, see s. 216; s. 78 in force for certain purposes at 26.7.2002 by S.I. 2002/2002, art. 2 and at 1.10.2002 insofar as not already in force by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.)

79 Duty to implement general requirementsE+W

[F166(1)The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78.

(2)Every [F8local authority] in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.]

(3)The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.

(4)The functions referred to in subsections (1) to (3) include in particular—

(a)functions conferred by this Part in relation to the National Curriculum for England, and

(b)except in relation to maintained nursery schools F167..., functions relating to religious education and religious worship.

F168(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In exercising any function which may affect the provision of sex education in maintained schools, every [F8local authority] in England shall have regard to the guidance issued by the Secretary of State under section 403(1A) of the Education Act 1996 (c. 56).

(7)Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a [F8local authority] with regard to sex education.

80 Basic curriculum for every maintained school in EnglandE+W

(1)The curriculum for every maintained school in England shall comprise a basic curriculum which includes—

(a)provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),

(b)a curriculum for all registered pupils at the school [F169who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006] but are not over compulsory school age (known as “the National Curriculum for England”),

(c)in the case of a secondary school, provision for sex education for all registered pupils at the school, and

(d)in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education.

(2)Subsection (1)(a) does not apply—

(a)in relation to [F170pupils who are under compulsory school age] , or

(b)in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).

(3)The Secretary of State may by order—

(a)amend subsection (1) so as to add further requirements (otherwise than in relation to religious education or sex education),

(b)amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and

(c)amend any provision included in subsection (1) by virtue of paragraph (a) of this subsection.

The National Curriculum for EnglandE+W

F17181 The foundation stageE+W

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

Textual Amendments

82 The key stagesE+W

(1)For the purposes of this Part, the key stages in relation to a pupil are—

(a)the period beginning at the same time as the school year in which he attains the age of six and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven (“the first key stage”),

(b)the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven (“the second key stage”),

(c)the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen (“the third key stage”), and

(d)the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending at the same time as the school year in which the majority of pupils in his class cease to be of compulsory school age (“the fourth key stage”).

(2)The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (1) shall have effect as if any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age.

(3)If at any time, in the case of a pupil of compulsory school age, subsection (1) does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—

(a)in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age, and

(b)in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of fifteen and ending when he ceases to be of compulsory school age.

(4)The Secretary of State may by order—

(a)provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there specified there were substituted such other ages (less than eleven and twelve respectively) as may be specified in the order, or

(b)amend subsections (1) to (3).

(5)In this section “class”, in relation to a particular pupil and a particular subject, means—

(a)the teaching group in which he is regularly taught in that subject, or

(b)where there are two or more such groups, such one of them as may be designated by the head teacher of the school.

F17283 Curriculum requirements for foundation stageE+W

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

Textual Amendments

84 Curriculum requirements for first, second and third key stagesE+W

(1)For the first, second and third key stages, the National Curriculum for England shall comprise the core and other foundation subjects specified in subsections (2) and (3), and shall specify attainment targets, programmes of study and assessment arrangements in relation to each of those subjects for each of those stages.

(2)The following are the core subjects for the first, second and third key stages—

(a)mathematics,

(b)English, and

(c)science.

(3)The following are the other foundation subjects for the first, second and third key stages—

(a)design and technology,

[F173(b)computing,]

(c)physical education,

(d)history,

(e)geography,

(f)art and design,

(g)music,

[F174(ga)in relation to the second key stage, a foreign language,] and

(h)in relation to the third key stage—

(i)citizenship, and

(ii)a modern foreign language.

[F175(A4)In paragraph (ga) of subsection (3) “foreign language” means –

(a)a foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or

(b)if the order provides that any foreign language is a foreign language for the purposes of this subsection, any foreign language;

(4)In sub-paragraph (ii) of subsection (3)(h) “modern foreign language” means –

(a)a modern foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or

(b)if the order provides that any modern foreign language is a modern foreign language for the purposes of this subsection, any modern foreign language.]

(5)An order under subsection [F176(A4) or] (4) may—

(a)specify circumstances in which a language is not to be treated as a foundation subject, and

(b)provide for the determination under the order of any question arising as to whether a particular language is a [F177foreign language or modern foreign language, as the case may be].

(6)The Secretary of State may by order amend subsections (2) to (5).

[F17985 Curriculum requirements for fourth key stageE+W

F178

(1)For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).

(2)The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3)The following are the core subjects for the fourth key stage—

(a)mathematics,

(b)English, and

(c)science.

(4)The following are the other foundation subjects for the fourth key stage—

[F180(a)computing,]

(b)physical education, and

(c)citizenship.

(5)The elements for the fourth key stage referred to in subsection (1) are—

F181(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.

(6)Those entitlement areas are—

(a)arts, comprising—

(i)art and design,

(ii)music,

(iii)dance,

(iv)drama, and

(v)media arts,

(b)design and technology (comprising only that subject),

(c)humanities, comprising—

(i)geography, and

(ii)history, and

(d)modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(7)An order under subsection (6)(d) may—

(a)specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and

(b)provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(8)A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.

(9)In the exercise of their functions under this Part by virtue of this section, a [F8local authority], governing body or head teacher shall have regard to any guidance relating to F182... the entitlement areas which is issued from time to time by the [F183Secretary of State].

(10)In this section—

  • “course of study” means a course of education or training which leads to a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

  • F184...]

Textual Amendments

F178S. 85 amendment to earlier affecting provision 2006 c. 40 s. 74(1) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 20(a); S.I. 2012/924, art. 2

F183Words in s. 85(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 12; S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C59S. 85 applied by 1989 c. 41, Sch. 2 para. 19(6) (as amended (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 72(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3)))

86 Power to alter or remove requirements for fourth key stageE+W

The Secretary of State may by order—

(a)amend any provision of section 85, or

(b)provide that, while the order remains in force, that section is not to have effect.

87 Establishment of the National Curriculum for England by orderE+W

[F185(1)The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.]

F186(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In respect of the first, second and third key stages and (subject to section 86) the fourth key stage, the Secretary of State may by order specify in relation to each of the foundation subjects—

(a)such attainment targets,

(b)such programmes of study, and

(c)such assessment arrangements,

as he considers appropriate for that subject.

(4)An order under subsection F187... (3) may not require—

(a)the allocation of any particular period or periods of time during F188... any key stage to the teaching of any F188... programme of study or any matter, skill or process forming part of it, or

(b)the making in school timetables F189... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

(5)An order under subsection F190... (3) may, instead of containing the provisions to be made, refer to provisions in a document [F191published by a person, and in the manner, specified] in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

F192(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F193(6A)Before making an order under subsection (3)(c) the Secretary of State—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as the Secretary of State considers appropriate.]

(7)An order under subsection (3)(c) may confer or impose such functions on—

(a)the governing body and head teacher, F194...

(b)the [F8local authority],

[F195(c)F196... and

(d)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,]

as appear to the Secretary of State to be required.

(8)An order under subsection F197... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

[F198(8A)An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.]

F199(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)[F200The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—]

(a)to enter premises of the school F201...,

(b)to observe implementation of the arrangements, and

(c)to inspect, and take copies of, documents and other articles.

[F202(11)An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(12)In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

[F203(12A)An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.]

(13)An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(14)Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.]

Textual Amendments

F198S. 87(8A) inserted (1.4.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22),