Education Act 2002

2002 c. 32

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

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:—C41C42C55

Annotations:
Modifications etc. (not altering text)
C42

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

Part 1Provision for new legal frameworks

Chapter 1Powers to facilitate innovation

I1I376I7461 Purpose and interpretation of Chapter 1

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 F54educational standards in England, or

b

in the opinion of the National Assembly for Wales, contribute to the raising of F55educational standards in Wales.

2

In forming an opinion as to whether a project may contribute to the raising of F56educational 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 F57pupils or students who may be affected by it.

3

In this Chapter—

  • “the Chief Inspector” means—

    1. a

      in relation to England, F74Her Majesty's Chief Inspector of Education, Children's Services and Skills , and

    2. 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—

    1. a

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

    2. b

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

    3. c

      any subordinate legislation made under any of those Acts;

  • F58“maintained school” means—

    1. a

      a community, foundation or voluntary school,

    2. b

      a community or foundation special school, or

    3. c

      a maintained nursery school;

  • F59“qualifying body” means—

    1. a

      a F266local authority,

    2. b

      an Education Action Forum,

    3. c

      a qualifying foundation,

    4. d

      the governing body of a maintained school,

    5. e

      the head teacher of a maintained school,

    6. f

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

    7. g

      the proprietor of any special school that is not maintained by a F266local 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

    8. h

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

  • F60“qualifying 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;

  • F61...

    1. a

    2. b

    3. c

    4. d

    5. e

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

I2I7472 Power to suspend statutory requirements etc.

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).

F621A

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.

F637

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

F638

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

F709

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

I3I7483 Variation or revocation of orders under section 2

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.

Annotations:
Commencement Information
I3

S. 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.)

I748

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

I4I7494 Applications for orders under section 2

1

An application for the purposes of section 2 F64(“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.

F651A

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 F66an application for an order , the qualifying body shall—

a

in the case of an Education Action Forum, consult each F266local 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,

F67aa

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 F266local authority who maintain the school,

F68b

in the case of the governing body of a maintained school, consult—

i

the F266local 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.

I5I7505 Annual report

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.

Annotations:
Commencement Information
I5

S. 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.)

I750

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

Chapter 2Exemptions related to school performance

6 Interpretation of Chapter 2

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—

    1. a

      in relation to a maintained school maintained by a F266local authority in England, any provision of the National Curriculum for England, and

    2. b

      in relation to a maintained school maintained by a F266local authority in Wales, any F492provision of the National Curriculum for WalesF492requirement imposed under or by virtue of Part 2 of the Curriculum and Assessment (Wales) Act 2021;

  • “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 schools

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.

F4915

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

8 Applications for orders under section 7(2)

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 F266local 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 exemptions

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 exemption

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 F266local 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)).

C962

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 3Powers to form companies etc

I6I19011 Powers of governing bodies to form or invest in companies to provide services etc.

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 F266local 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 F266local 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 F149the Companies Act 2006 as a company limited by shares or a company limited by guarantee;

  • “relevant F266local authority functions”, in relation to a company, means F255the education functions of any F266local authorityF256that 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.

I7I19112 Limits on powers conferred by section 11

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 F266local 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 F266local 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 F266local authority who are for the time being designated as the supervising authority for a company.

6

Regulations may also—

a

require that where a F266local 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 F266local 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 F266local authority may refuse to give any consent applied for under subsection (1).

Annotations:
Commencement Information
I7

S. 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.)

I191

S. 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 companies

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 F150as 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 2Financial assistance for education and F6children etc

Annotations:
Amendments (Textual)
F6

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

I8I22314 Power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or F9children etc

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;

F312ca

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.

F7j

the promotion of the welfare of children and their parents;

k

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

F102ZA

In subsection F313(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.

F82A

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

3

In this section—

  • “education” includes—

    1. a

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

    2. b

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

    but F11, 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—

    1. a

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

    2. b

      are employed by, or engaged to provide services for, a F266local authorityF257for purposes connected with the authority’s education function, or

    3. c

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

  • “teacher” does not include a teacher at an institution within the higher education sector.

I9I22415 Forms of assistance under section 14

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.

F2584

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

I10I22516 Terms on which assistance under section 14 is given

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 appropriateF314, 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 appropriateF315, 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.

F3162A

Subsection (2B) applies to—

a

financial assistance given under section 14 to an institution within the higher education sector, and

b

financial assistance required by virtue of subsection (2)(b) to be given to such an institution.

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.

I11I22617 Delegation

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.

I1218Repeal of specific grant-making powers

I6861

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—

I258a

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

I258b

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

I258c

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

I258d

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

I258e

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

I258f

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

I259I684g

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).

I227I2582

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

Part 3Maintained schools

Chapter 1Government of maintained schools

19 Governing bodies

I377C29I5741

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

F3461A

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.

I210I5742

Regulations shall provide for a governing body F347of 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 F266local authority governors,

d

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

e

in the case of a foundation schoolF373... or a voluntary school, persons appointed as foundation governors or partnership governors, and

f

such other persons as may be prescribed.

I210I5743

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.

I210I5744

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.

F3484A

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).

I210I5745

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) ( F267local authorities’ financial schemes) which relates to the school.

I13I449I607C676

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

I210I5747

In discharging any function conferred by regulations under this section, a F266local 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.

I260I378I7398

F408In 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.

F4099

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).

20 Instruments of government

I379C30I5751

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.

I211I5752

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.

I211I5753

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.

I261I380I7404

F410In 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.

F4114A

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).

I379I5755

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.

I547C3721 General responsibility for conduct of school

I381C311

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

I381C322

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

3I212

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 F266local authority,

ii

the governing body, and

iii

the head teacher, and

c

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

I3814

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.

C66F1015

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.

C666

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

C667

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.

C668

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.

C669

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

F231a

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

b

in relation to a school in Wales—

i

any plan published by the F266local authority under section 26 of the Children Act 2004 (children and young people's plans: Wales), or

ii

in a case where the F266local authority are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.

F23210

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 F266local authorityF268...

I382I54822 Training and support of governors

The F266local authorityF367in 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.

I213I57723 Clerk to the governing body

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.

23AF85Parent councils

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.

I74124 Federations of schools

I262I3831

In prescribed cases, the governing bodies—

a

of two or more maintained schools F412in England,

b

of an existing federation and of one or more maintained schools F413in 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.

I2632

In this Chapter “federation” means a group of schools F414in England that are federated by virtue of this section, and “federated school” means a school forming part of a federation.

I2633

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).

I2634

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 F267local 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 StateF415... considers appropriate.

I2635

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 StateF416...,

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.

I2636

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.

I264I74225 Federations: supplementary provisions

1

Regulations may make provision modifying any provision contained in—

F75za

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

F417a

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

b

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

in the application of the provision to federated schools F418 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.

I214I68726 Collaboration between schools

Regulations may—

a

enable the governing bodies of two or more maintained schools F362in 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.

I14C1C21I450C48C61C6827 Power of governing body to provide community facilities etc.

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.

I15C22I451C49C6228 Limits on power to provide community facilities etc.

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) ( F267local 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.

C23

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) F421the governing body of a maintained school in Wales—

a

shall consult—

i

the F266local 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.

F1004A

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).

F4224C

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

C695

In exercising the power under section 27(1) or consulting under subsection (4), F423the governing body of a maintained school in Wales shall have regard—

a

to any guidance given from time to time F424... by the National Assembly for Wales, and

b

to any advice given to them from time to time by the F266local authority.

28AF40Power of governing body to provide higher education

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).

I452I38429 Additional functions of governing body

C701

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.

C702

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.

C43C57C70C923

The governing body of a maintained school may require F41registered 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.

C715

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 F266local authority concerning the health and safety of persons on the school’s premises or taking part in any school activities elsewhere.

29AF276Power of governing body in England: educational provision for improving behaviour

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).

C3I16I549C3830 Governors’ reports F12(Wales) and other information

C39C40C471

Once in every school year the governing body of a maintained school F13in Wales shall prepare a report (a “governors’ report”) dealing with such matters, and otherwise complying with such requirements, as may be specified in regulations.

C472

Regulations may—

a

impose requirements on the governing body of a maintained school F14in 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 F266local 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.

F3682A

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 F15(in England or Wales) shall provide the F266local 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 F259education functions.

C44C58C724

The head teacher of a maintained school F16(in England or Wales) shall provide the governing body or (as the case may be) the F266local authority with such reports in connection with the discharge of his functions as F260may 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.

F30230ASchool profiles

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

I688I72731 Control of school premises

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

I385I550C45C59C7332F426Responsibility for fixing dates of terms and holidays and times of sessions: England

1

In the case of a community, voluntary controlled or community special school F427in England or a maintained nursery school F427in England —

a

the F266local authority shall determine the dates when the school terms and holidays are to begin and end, and

C33b

F428...the governing body shall determine the times of the school sessions.

2

In the case of a foundation, voluntary aided or foundation special school F429in England the governing body shall determine—

a

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

b

F430... 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 F266local 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.

F4315

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

F4316

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

F4317

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

F4318

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

F4319

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

F43110

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

32AF425Responsibility for fixing term and holiday dates in Wales

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.

32BWelsh Ministers' power to direct determination of term dates

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.

32CResponsibility for fixing times of school sessions in Wales

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.

F36633 Annual parents’ meetingsF17: Wales

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

I265I57834 Arrangements for government of new schools

1

Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the F266local 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 F266local 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) F392and 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.

I63135 Staffing of community, voluntary controlled, community special and maintained nursery schools

I3861

This section applies to—

a

community schools,

b

voluntary controlled schools,

c

community special schools, and

d

maintained nursery schools.

I3862

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 F266local authority.

I3863

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.

I2664

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

I2665

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 F267local authorities, governing bodies and head teachers.

I3866

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.

I386C877

If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF393... Schedule 15 to, the School Standards and Framework Act 1998F303, or section 66 of the Education and Inspections Act 2006F394, 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.

I3868

In discharging any function conferred by regulations under subsection (4), a F266local authority or the governing body or head teacher 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.

I63236 Staffing of foundation, voluntary aided and foundation special schools

I3871

This section applies to—

a

foundation schools,

b

voluntary aided schools, and

c

foundation special schools.

I3872

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.

I3873

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.

I2674

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

I2675

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 F266local authority in prescribed cases, and

e

confer functions on F267local authorities, governing bodies and head teachers.

I3876

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).

I3877

If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF395... Schedule 15 to, the School Standards and Framework Act 1998F304, or section 66 of the Education and Inspections Act 2006F396, 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.

I3878

In discharging any function conferred by regulations under subsection (4), a F266local authority or the governing body or head teacher 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.

C4I17I63337 Payments in respect of dismissal, etc.

C841

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

a

whether any payment should be made by the F266local 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.

C842

Subsection (1) does not, however, apply in relation to a payment which the F266local 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.

C843

The F266local 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.

C844

Subject to subsection (7), costs incurred by the F266local 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 F224funding 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.

C845

Subject to subsection (7), costs incurred by the F266local 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 F225funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

C846

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).

C847

Where a F266local 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.

C84F2997A

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.

C847B

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 F300 in Wales to the F266local authority shall not be met by the governing body out of the school’s budget share for any F226funding period.

C889

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).

C8911

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 F397... Schedule 15 to, the School Standards and Framework Act 1998 (c. 31) F398or section 8 of the School Standards and Organisation (Wales) Act 2013.

C89F22712

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.

I68938 Communication with schools

I4881

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.

I4882

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.

I4884

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.

I4885

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.

I4886

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.

I4887

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

I1839 Interpretation of Chapter 1

I268I388I551I6081

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” F419in 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 F266local 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).

I6092

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.

I19I389I453I65040 Amendments of Part 2 of School Standards and Framework Act 1998

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.

Annotations:
Commencement Information
I19

S. 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

I389

S. 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

I453

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

I650

S. 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 2Financing of maintained schools

Determination of budgets

I20I49641 Determination of specified budgets of F266local authority

1

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

45A Determination of specified budgets of F266local authority

1

For the purposes of this Part, a F266local authority’s “F266local 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 F266local 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 F266local 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 F3schools budget deadline in any financial year, a F266local 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.

F46

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.

F2282

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

3

Section 46 of that Act (determination of F266local authority’s local schools budget and individual schools budget) shall cease to have effect.

F22942 Power of Secretary of State to set minimum schools budget

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

I21I49443 Schools forums

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

Schools forums

47A Schools forums

1

Every F266local 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 F266local 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.

Accounts and financial statements

44 Accounts of maintained schools

I2691

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 F266local authority.

I2692

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 F266local 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 F266local authority that the governing body do not control the application of those resources.

I2693

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

I2694

The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a F266local 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.

I2695

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.

I2696

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 F267local 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.

I3907

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

Annotations:
Commencement Information
I269

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

I390

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

I27045 Financial statements

1

Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by F266local 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 F266local 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).

Annotations:
Commencement Information
I270

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

Chapter 3Admissions, exclusions and attendance

Admission arrangements

I192I49546 Admission forums

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

Admission forums

85A Admission forums

1

A F266local 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 F267local 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 F266local 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.

I22I61947 Admission numbers

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.

I23I62048 Co-ordination of admission arrangements

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 F266local 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 F266local 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 F266local 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 F266local 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 F267local authorities to provide other F267local 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 F266local 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 F266local 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

F267local authorities, and

b

the admission authorities for maintained schools.

2

Regulations may provide that where a F266local authority or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a F266local 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 F266local 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 F266local authority regardless of whether they are the admission authority for the school.

4

Before proposing a scheme for adoption under section 89B(1) a F266local 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 F267local 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 F266local authority, the Secretary of State shall consult—

a

the F266local 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.

Annotations:
Commencement Information
I23

S. 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.)

I620

S. 48 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

I2449 Repeal of power to make certain special arrangements for preserving religious character

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.

Annotations:
Commencement Information
I24

S. 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)

I25I193I56050 Admission appeals

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 F266local 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.

I26I194I521I534I561I62151 Further amendments relating to admission arrangements

Schedule 4 (which contains further amendments relating to admission arrangements) shall have effect.

Exclusion of pupils

51AC83F345Exclusion of pupils: England

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—

    1. a

      in relation to exclusion from a maintained school, the governing body of the school;

    2. 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.

I27C5C25C9352 Exclusion of pupilsF344: Wales

I195I5221

The head teacher of a maintained school F349in Wales may exclude a pupil from the school for a fixed period or permanently.

I195I522C282

The teacher in charge of a pupil referral unit F350in Wales may exclude a pupil from the unit for a fixed period or permanently.

I195I5223

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 F266local 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.

I195I5224

Regulations under this section may also make provision—

a

for the payment by the F266local 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 F351... by the National Assembly for Wales,

c

requiring F267local authorities to give prescribed information to F352... the Assembly, F352... and

d

in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).

I195I5225

In subsection (3), “the responsible body” means—

C34a

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.

I195I5226

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) F343or (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).

I391I57911

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

Attendance targets

I540I58053 Attendance targets

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.

Part 4Powers of intervention

Schools causing concern

F4554 Duty to notify where inspection shows school causing concern

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

F390I2855 Cases in which powers of intervention exercisable

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

F390I2956 Power of Secretary of State to appoint additional governors or direct closure

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

Annotations:
Commencement Information
I29

S. 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

F390I30I69057 Power of F266local authority to provide for governing body to consist of interim executive members

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

F390I31I69158 Power of Secretary of State to provide for governing body to consist of interim executive members

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

F390I32I69259 Governing bodies consisting of interim executive members

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

F267Local authorities

I33I35760 Powers of Secretary of State to secure proper performance of F266local authority's functions

1

Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of F266local authority) is amended as follows.

2

For subsection (1) there is substituted—

1

This section applies to a F266local authority’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a F266local 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 F266local 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) ”.

I34I358C7461 Power to secure proper performance: duty of authority where directions contemplated

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 F266local 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.

I35I359C7562 Power to secure proper performance: further provisions

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 F266local 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.

C7662AF73Power to require F266local authority in England to obtain advisory services

1

This section applies where—

a

one or more schools maintained by a F266local 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 F266local 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.

F2221A

This section also applies where it appears to the Secretary of State that—

a

a F266local 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 F266local 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

  • F223 “pupil” 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.

F399I36I36063 Power to require F266local authorityF76in Wales to obtain advisory services

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

I37I36164 Provisions supplementary to F72sections 62A and 63

1

Where F77section 62A F400... applies in relation to a F266local authority and the Secretary of State F401... has notified the authority that he F402...is contemplating the giving of a direction under that section, the authority shall give the Secretary of StateF403..., and any person authorised by the Secretary of StateF403... 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 F78section 62AF404... is given to a F266local 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 F79section 62AF405...;

  • “documents” and “records” each include information recorded in any form;

  • “the relevant person” means—

    1. a

      the person specified under F80section 62A(2) F405..., or

    2. b

      where the direction specifies a class of persons, the person with whom the F266local 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.

Part 5School organisation

Academies and city colleges

65 Academies

F3051

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

F3872

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

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.

F30666 Arrangements for admission of pupils to Academies

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

F27267 Conversion of city academies into Academies

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

F27368 City colleges

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

69 Uniform statutory trusts

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 schools

F5270 Proposals for additional secondary schools

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

F1871 Duty of F267local authorities to secure proposals

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

F37472 Proposals relating to sixth forms

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

F86I29773 Proposals by governing bodies of community schools

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

F1974 Proposals for establishment of federated school

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

I38I271I298I69375 Changes to existing procedures

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.

C6Part 6The curriculum in England

Annotations:
Modifications etc. (not altering text)

Preliminary

76 Interpretation of Part 6

F2331

In this Part—

  • “assess” includes F234... test, and related expressions shall be construed accordingly;

  • F102“assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage F253for 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;

  • F103...

  • “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—

    1. a

      any community, foundation or voluntary school maintained by a F266local authority in England, or

    2. b

      except where otherwise stated, any community or foundation special school which is maintained by a F266local authority in England and is not established in a hospital;

  • “maintained nursery school” means a nursery school which is maintained by a F266local 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;

  • F103...

  • “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; F104...

F2352

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.

F10577 Meaning of “nursery education” and related expressions

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

General duties in respect of the curriculum

I3978 General requirements in relation to curriculum

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.

F1062

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

79 Duty to implement general requirements

F1071

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 F266local 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 F108..., functions relating to religious education and religious worship.

F1095

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

6

In exercising any function which may affect the provision of sex education in maintained schools, every F266local 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 F266local authority with regard to sex education.

80 Basic curriculum for every maintained school in England

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 F110who 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

C46C77d

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 F111pupils 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 England

F11281 The foundation stage

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

82 The key stages

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.

F11383 Curriculum requirements for foundation stage

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

84 Curriculum requirements for first, second and third key stages

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,

F437b

computing,

c

physical education,

d

history,

e

geography,

f

art and design,

g

music,

F433ga

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.

F434A4

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 F435(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 F436foreign language or modern foreign language, as the case may be.

6

The Secretary of State may by order amend subsections (2) to (5).

C52C56C7985F317F2Curriculum requirements for fourth key stage

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—

F438a

computing,

b

physical education, and

c

citizenship.

5

The elements for the fourth key stage referred to in subsection (1) are—

F353a

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

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 F266local authority, governing body or head teacher shall have regard to any guidance relating to F354... the entitlement areas which is issued from time to time by the F318Secretary 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;

  • F355...

86 Power to alter or remove requirements for fourth key stage

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 order

F1141

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.

F1152

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

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 F116... (3) may not require—

a

the allocation of any particular period or periods of time during F117... any key stage to the teaching of any F117... programme of study or any matter, skill or process forming part of it, or

b

the making in school timetables F118... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

5

An order under subsection F119... (3) may, instead of containing the provisions to be made, refer to provisions in a document F236published 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.

F1206

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

F2376A

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, F238...

b

the F266local authority,

F239c

F319... 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 F121... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

F2408A

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.

F2419

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

10

F242The 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 F122...,

b

to observe implementation of the arrangements, and

c

to inspect, and take copies of, documents and other articles.

F24311

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.

F24412A

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.

88 Implementation of the National Curriculum for England in schools

F1401

In relation to any maintained school and any school year—

a

the F266local authority and the governing body shall exercise their functions with a view to securing, and

b

the head teacher shall secure,

that the National Curriculum for England as subsisting at the beginning of that year is implemented.

F141This subsection does not apply in relation to assessment arrangements.

F1421A

In relation to any maintained school—

a

the F266local authority and the governing body must exercise their functions with a view to securing, and

b

the head teacher must secure,

that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.

F12389 Implementation in respect of nursery schools etc.

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

The National Curriculum for England: special cases

C6390 Development work and experiments

1

For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct in respect of a particular maintained school F124... that, for such period as may be specified in the direction, the National Curriculum for England—

a

shall not apply, or

b

shall apply with such modifications as may be specified in the direction.

2

A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

C353

In the case of a community, voluntary controlled or community special school F125..., a direction shall not be given under subsection (1) except on an application—

a

by the governing body with the agreement of the F266local authority, F320 or

b

by the F266local authority with the agreement of the governing body, F321...

F321c

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

4

In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing bodyF322....

5

The Secretary of State may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report on any matters specified by the Secretary of State to—

a

the Secretary of State, or

F323b

a person designated for the purposes of this subsection by the Secretary of State.

F2455A

If required by the Secretary of State to do so F324a person designated for the purposes of this subsection by the Secretary of State shall keep under review development work or experiments carried out following a direction given under subsection (1).

F3255B

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

5C

A designation under F326subsection (5)(b) or (5A) may make different provision for different purposes.

6

The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).

91 Exceptions by regulations

Regulations may provide that the National Curriculum for England, or such of the provisions of the National Curriculum for England as may be specified in the regulations—

a

shall not apply, or

b

shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

92 Pupils with F441EHC plans

The special educational provision for any pupil specified in F439an EHC plan maintained for the pupil may include provision—

a

excluding the application of the National Curriculum for England, or

b

applying the National Curriculum for England with such modifications as may be specified in F440the plan.

93 Temporary exceptions for individual pupils

1

Regulations may enable the head teacher of a maintained school F126..., in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for England—

a

shall not apply, or

b

shall apply with such modifications as may be specified in the direction.

2

The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

3

Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—

a

a fixed period not exceeding six months, or

b

a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

4

Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—

a

immediately after the end of the operative period of a previous direction, or

b

within such period after the end of the operative period of a previous direction as may be specified in the regulations.

5

The regulations may enable the head teacher of a maintained school F127..., in such cases or circumstances and subject to such conditions as may be prescribed—

a

to revoke any direction given by him under the regulations, and

b

to vary such a direction, except so as to extend its operative period.

6

Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

94 Information concerning directions under section 93

1

Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—

a

to the governing body, and

b

to the F266local authority by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

2

That information is—

a

the fact that he has taken the action in question, its effect and his reasons for taking it,

b

the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and

c

either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

3

That opinion is that the pupil has or probably has special educational needs F442and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).

4

Where—

a

the head teacher of a maintained school F128... includes an indication of any such opinion in information given under subsection (1), and

b

the F266local authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

5

Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall F443make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)).

6

In this section “the responsible authority”, in relation to a pupil, means the F266local authority responsible for him for the purposes of F444Part 3 of the Children and Families Act 2014 (see section 24 of that Act).

C3695 Appeals against directions under section 93 etc.

1

Where a head teacher—

a

gives, revokes or varies a direction under regulations made under section 93,

b

refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

c

following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

2

On such an appeal, the governing body may—

a

confirm the head teacher’s action, or

b

direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

3

The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

4

The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Supplementary provisions

96F301 Procedure for making certain orders and regulations

1

This section applies where the Secretary of State proposes to make—

a

an order under section 82(4), 84(6) or 87(3)(a) or (b), or

b

regulations under section 91.

2

The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal—

a

associations of local authorities,

b

bodies representing the interests of school governing bodies, and

c

organisations representing school teachers.

3

The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable.

4

The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.

5

After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State's opinion, is likely to bring them to the notice of persons with a special interest in education—

a

a draft of the proposed order or regulations and any associated document, and

b

a summary of the views expressed during the consultation.

6

The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising.

7

When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.

Part 7The curriculum in Wales

Preliminary

97 Interpretation of Part 7

In this Part—

  • “assess” includes examine and test, and related expressions shall be construed accordingly;

  • “assessment arrangements” means—

    1. a

      in relation to the foundation F291phase , the arrangements for assessing pupils in respect of that F291phase for the purpose of ascertaining what they have achieved in relation to the desirable outcomes; and

    2. b

      in relation to a key F291phase , the arrangements for assessing pupils in respect of that F291phase for the purpose of ascertaining what they have achieved in relation to the attainment targets for that F291phase ;

  • “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;

  • F165“course of study” means a course of education or training which leads to a qualification or set of qualifications approved under section 99 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

  • “desirable outcomes”, in relation to the F292foundation phase , has the meaning given by section 104;

  • “the foundation F293phase” has the meaning given by section 102;

  • “key stage”, or references to a particular key stage, shall be construed in accordance with section 103;

  • F166“local curriculum” and “local curricula” are to be construed in accordance with section 116A and, in relation to a pupil's school, “local curriculum” means–

    1. a

      where the F266local authority by which the school is maintained has formed a single local curriculum under section 116A, that local curriculum; or

    2. b

      where the F266local authority by which the school is maintained has formed more than one local curriculum under section 116A, the local curriculum in respect of which the school is designated under section 116C(2);

  • “maintained school” means—

    1. a

      any community, foundation or voluntary school maintained by a F266local authority in Wales, or

    2. b

      except where otherwise stated, any community F375... special school which is maintained by a F266local authority in Wales and is not established in a hospital;

  • “maintained nursery school” means a nursery school which is maintained by a F266local authority in Wales and is not a special school;

  • F167“maintained secondary school”, in sections 116A to 116K, means a maintained school which is a secondary school unless it is a community F376... special school which is maintained by a F266local authority in Wales;

  • “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;

  • “pupil” includes a child for whom funded nursery education is provided;

  • F168“regulations” means regulations made by the Welsh Ministers;

  • F168“school”, in sections 116E to 116H, in relation to a pupil, means the maintained secondary school of which he or she was a registered pupil when he or she made an election under section 116D(1);

  • “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; and has a corresponding meaning in relation to the provision of funded nursery education otherwise than at a school.

98 Meaning of “nursery education” and related expressions

1

In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

2

For the purposes of this Part, nursery education is “funded nursery education” in relation to a child if—

a

it is provided in a maintained school or a maintained nursery school, or

b

it is provided, by a person other than the governing body of any such school, under arrangements made with that person by a F266local authority in Wales in pursuance of the duty imposed on the authority by section 118 of the School Standards and Framework Act 1998 (c. 31) and in consideration of financial assistance provided by the authority under those arrangements.

3

For the purposes of this Part, funded nursery education provided in relation to a child otherwise than at a maintained school or maintained nursery school is to be taken to be provided by the person with whom the arrangements referred to in subsection (2)(b) are made by the F266local authority.

General duties in respect of the curriculum

I4099 General requirements in relation to curriculum

C71

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.

I7282

The curriculum for any funded nursery education provided otherwise than at 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 the pupils for whom the funded nursery education is provided and of society, and

b

prepares those pupils for the opportunities, responsibilities and experiences of later life.

I41C8100 Duty to implement general requirements

1

F169The Welsh Ministers shall exercise their functions with a view to securing—

C9a

that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 99, and

I729b

that the curriculum for any funded nursery education provided otherwise than at a maintained school or maintained nursery school satisfies the requirements of that section.

2

Every F266local authority in Wales shall exercise their functions with a view to securing—

C9a

that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 99, and

I729b

that the curriculum for any funded nursery education provided, under arrangements made by them, otherwise than at a maintained school or maintained nursery school, satisfies the requirements of section 99.

C93

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 99.

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 Wales, F213...

b

except in relation to maintained nursery schools or the provision of funded nursery education otherwise than at a maintained school or maintained nursery school, functions relating to religious education and religious worship F214, and

F215c

functions conferred by this Part in relation to the local curriculum or curricula for a F266local authority's area.

I7295

Any person providing funded nursery education under the arrangements mentioned in section 98(2)(b) shall secure that the curriculum for that funded nursery education satisfies the requirements of section 99.

6

In exercising any function which may affect the provision of sex education in maintained schools, every F266local authority in Wales shall have regard to the guidance issued by the F170Welsh Ministers 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 F266local authority with regard to sex education.

8

In exercising any function which may affect the provision in maintained schools of education of a kind required by virtue of an order under section 101(3)(a), a F266local authority in Wales or the governing body of a maintained school shall have regard to any guidance from time to time given by the F171Welsh Ministers.

I42C10101 Basic curriculum for every maintained school in Wales

1

The curriculum for every maintained school in Wales 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 who have attained the age of three but are not over compulsory school age (known as “the National Curriculum for Wales”),

F1ba

provision for personal and social education for all registered pupils at the school who are of compulsory school age,

F5bb

provision for work-related education for all registered pupils at the school F96during the third and fourth key stages,

c

in the case of a secondary school, provision for sex education for all registered pupils at the school, F216...

F217ca

in the case of a secondary school, provision for education which satisfies the entitlements of registered pupils at the school under section 116E, and

C60d

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 a nursery class in a primary school, 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 (c. 31)).

3

The F172Welsh Ministers may by order—

a

amend subsection (1) so as to add further requirements (otherwise than in relation to religious education or sex education),

I730b

amend subsection (1)(b)—

i

by substituting for the reference to the age of three (or to any age specified there by virtue of this sub-paragraph) a reference to such other age as may be specified in the order, or

ii

by substituting for the reference to compulsory school age (or to any age specified there by virtue of this sub-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 Wales

I731C94102 The F294foundation phase

For the purposes of this Part, the F294foundation phase in relation to a pupil is such period as may be specified in an order made by the F173Welsh Ministers .

103 The key stages

1

For the purposes of this Part, the key stages in relation to a pupil are—

F295a

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

C95b

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”),

C95c

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 F174Welsh Ministers 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.

I732104 Curriculum requirements for F289foundation phase

For the foundation stage, the National Curriculum for Wales shall specify areas of learning, and may specify in relation to them—

a

the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of the foundation stage (referred to in this Part as “desirable outcomes”),

b

the matters, skills and processes which are required to be taught to pupils of different abilities and maturities during the foundation stage (referred to in this Part as “educational programmes”), and

c

assessment arrangements.

105 Curriculum requirements for F290... second and third key stages

C801

For the first, second and third key stages, the National Curriculum for Wales 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 stage.

C812

The following are the core subjects for the first, second and third key stages—

a

mathematics,

b

English,

c

science, and

d

in relation to Welsh-speaking schools, Welsh.

C823

The following are the other foundation subjects for the first, second and third key stages—

a

F97design and technology,

aa

F98information and communication technology,

b

physical education,

c

history,

d

geography,

e

art F99and design ,

f

music,

g

Welsh, if the school is not a Welsh-speaking school, and

h

in relation to the third key stage, a modern foreign language.

4

In this section “modern foreign language” means a modern foreign language specified in an order made by the F175Welsh Ministers or, if the order so provides, any modern foreign language.

5

An order under subsection (4) may—

a

specify circumstances in which a language is not to be treated as a foundation subject for the third key stage, and

b

provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

6

The F176Welsh Ministers may by order amend subsections (2) to (5).

7

For the purposes of this section a school is Welsh-speaking if more than one half of the following subjects are taught (wholly or partly) in Welsh—

a

religious education, and

b

the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school.

8

In this section “school” includes part of a school.

106 Curriculum requirements for fourth key stage

1

For the fourth key stage, the National Curriculum for Wales shall comprise the core and other foundation subjects and specify attainment targets, programmes of study and assessment arrangements in relation to each of them.

2

The following are the core subjects for the fourth key stage—

a

mathematics,

b

English,

c

science, and

d

in relation to Welsh-speaking schools, Welsh.

3

The following are the other foundation subjects for the fourth key stage—

a

physical education, and

b

Welsh, if the school is not a Welsh-speaking school.

4

For the purposes of this section a school is Welsh-speaking if more than one half of the following subjects are taught (wholly or partly) in Welsh—

a

religious education, and

b

the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school.

5

In this section “school” includes part of a school.

107 Power to alter or remove requirements for fourth key stage

F2181

The F219Welsh Ministers may by order—

a

amend any provision of section 106, or

b

provide that, while the order remains in force, that section is not to have effect.

F2202

Such an order may make such amendments of this Act as appear to the Welsh Ministers to be necessary or expedient in connection with the provision made under subsection (1).

I43C11108 Establishment of the National Curriculum for Wales by order

1

The F179Welsh Ministers shall so exercise the powers conferred by subsections (2) and (3) as to—

I733a

establish a complete National Curriculum for Wales for the F296foundation phase as soon as is reasonably practicable, and

b

revise the National Curriculum for Wales for the F296foundation phase and the key stages whenever F177the Welsh Ministers consider it necessary or expedient to do so.

I7332

In respect of the F296foundation phase , the F179Welsh Ministers—

a

shall by order specify the areas of learning, and

b

may by order specify in relation to each of those areas—

i

such desirable outcomes,

ii

such educational programmes, and

iii

such assessment arrangements,

as the Assembly considers appropriate for that area.

3

In respect of the F297... second and third key stages and (subject to section 107) the fourth key stage, the F179Welsh Ministers 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 F178the Welsh Ministers consider appropriate for that subject.

4

An order under subsection (2) or (3) may not require—

a

the allocation of any particular period or periods of time during the F296foundation phase or any key stage to the teaching of any educational programme or programme of study or any matter, skill or process forming part of it, or

b

the making in school timetables (or the timetables of any person providing funded nursery education) of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

5

An order under subsection (2) or (3) may, instead of containing the provisions to be made, refer to provisions in a document published as 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.

I7336

An order under subsection (2)(b)(iii) may confer or impose such functions on—

a

the governing body and head teacher of a maintained school or a maintained nursery school,

b

a person providing funded nursery education under the arrangements mentioned in section 98(2)(b),

c

an early years development and childcare partnership, and

d

a F266local authority,

as appear to the F180Welsh Ministers to be required.

7

An order under subsection (3)(c) may confer or impose such functions on—

a

the governing body and head teacher, and

b

the F266local authority,

as appear to the F181Welsh Ministers to be required.

8

An order under subsection (2)(b)(iii) or (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

9

Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and any such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.

10

The duties that may be imposed by virtue of subsection (6) or (7) include, in relation to persons exercising any power in pursuance of provision made by virtue of subsection (9), the duty to permit them—

a

to enter premises of the school or, as the case may be, premises on which the funded nursery education is being provided,

b

to observe implementation of the arrangements, and

c

to inspect, and take copies of, documents and other articles.

11

An order under subsection (2)(b)(iii) or (3)(c) may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provision conferring or imposing functions as mentioned in subsection (6) or (7)) as appear to the F182Welsh Ministers to be expedient; and any provisions made under such an order shall, on being published as specified in the order, have effect for the purposes of this Part as if made by the order.

109 Implementation of the National Curriculum for Wales in schools

In relation to any maintained school and any school year—

a

the F266local authority and the governing body shall exercise their functions with a view to securing, and

b

the head teacher shall secure,

that the National Curriculum for Wales as subsisting at the beginning of that year is implemented.

I734110 Implementation in respect of nursery schools etc.

1

In relation to any maintained nursery school and any school year—

a

the F266local authority and the governing body shall exercise their functions with a view to securing, and

b

the head teacher shall secure,

that the National Curriculum for Wales as subsisting at the beginning of that year (so far as it relates to the F298foundation phase ) is implemented.

2

In relation to any school year, any person providing funded nursery education under the arrangements mentioned in section 98(2)(b) shall secure that the National Curriculum for Wales as subsisting at the beginning of that year is implemented (so far as it relates to the F298foundation phase ) in respect of the pupils for whom the funded nursery education is provided.

3

The F266local authority with whom the arrangements mentioned in section 98(2)(b) are made and the early years development and childcare partnership for the area of the authority shall exercise their respective functions with a view to securing that any person (other than the governing body of a maintained school or maintained nursery school) who provides funded nursery education complies with the obligation imposed by subsection (2).

The National Curriculum for Wales: special cases

111 Development work and experiments

C121

For the purpose of enabling development work or experiments to be carried out, the F183Welsh Ministers may direct in respect of a particular maintained school or maintained nursery school that, for such period as may be specified in the direction, the National Curriculum for Wales—

a

shall not apply, or

b

shall apply with such modifications as may be specified in the direction.

2

A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

C133

In the case of a community, voluntary controlled or community special school or a maintained nursery school, a direction shall not be given under subsection (1) except F26...—

a

F27on an application by the governing body with the agreement of the F266local authority,

b

F28on an application by the F266local authority with the agreement of the governing body, or

c

F29on a proposal by the F184Welsh Ministers with the agreement of both the F266local authority and the governing body.

4

In the case of a foundation F377or voluntary aided school, a direction shall not be given under subsection (1) except on an application by the governing body or F30... with the agreement of the governing body.

5

The F185Welsh Ministers may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report to F187the Welsh Ministers on any matters F188specified by them.

6

The F186Welsh Ministers may by a direction under this subsection vary or revoke a direction under subsection (1).

112 Exceptions by regulations

Regulations may provide that the National Curriculum for Wales, or such of the provisions of the National Curriculum for Wales as may be specified in the regulations—

a

shall not apply, or

b

shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

113 Pupils with statements of special educational needs

The special educational provision for any pupil specified in a statement under section 324 of the Education Act 1996 (c. 56) of his special educational needs may include provision—

a

excluding the application of the National Curriculum for Wales, or

b

applying the National Curriculum for Wales with such modifications as may be specified in the statement.

114 Temporary exceptions for individual pupils

C141

Regulations may enable the head teacher of a maintained school or maintained nursery school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for Wales—

a

shall not apply, or

b

shall apply with such modifications as may be specified in the direction.

2

The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

3

Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—

a

a fixed period not exceeding six months, or

b

a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

4

Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—

a

immediately after the end of the operative period of a previous direction, or

b

within such period after the end of the operative period of a previous direction as may be specified in the regulations.

C145

The regulations may enable the head teacher of a maintained school or maintained nursery school, in such cases or circumstances and subject to such conditions as may be prescribed—

a

to revoke any direction given by him under the regulations, and

b

to vary such a direction, except so as to extend its operative period.

6

Before making any regulations under this section, the F189Welsh Ministers shall consult with any persons with whom consultation F190appears to them to be desirable.

115 Information concerning directions under section 114

1

Where a head teacher gives or varies a direction under regulations made under section 114, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—

a

to the governing body, and

b

to the F266local authority by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

2

That information is—

a

the fact that he has taken the action in question, its effect and his reasons for taking it,

b

the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and

c

either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for Wales in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

3

That opinion is that the pupil has or probably has special educational needs by virtue of which the responsible authority would be required to determine the special educational provision that should be made for him (whether initially or on a review of any statement of his special educational needs which the authority are for the time being required under section 324 of the Education Act 1996 (c. 56) to maintain).

4

Where—

C15a

the head teacher of a maintained school or maintained nursery school includes an indication of any such opinion in information given under subsection (1), and

b

the F266local authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

5

Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall consider whether any action on their part is required in the case of the pupil concerned under section 323 of the Education Act 1996 (c. 56) (assessment of special educational needs).

6

In this section “the responsible authority”, in relation to a pupil, means the F266local authority responsible for him for the purposes of Part 4 of the Education Act 1996.

116 Appeals against directions under section 114 etc.

1

Where a head teacher—

a

gives, revokes or varies a direction under regulations made under section 114,

b

refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

c

following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

2

On such an appeal, the governing body may—

a

confirm the head teacher’s action, or

b

direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

3

The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

4

The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

F202The local curricula

Annotations:
Amendments (Textual)
F202

S. 116A and cross-heading inserted (7.12.2009 for specified purposes, 1.1.2010 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 4, 49(2); S.I. 2009/3174, art. 2(1)(b)(2)(c)

116AFormation of local curricula for pupils in Key Stage 4

1

Each F266local authority in Wales must form for its area one or more local curricula for pupils in the fourth key stage.

2

A local curriculum must consist of suitable courses of study each of which—

a

falls within a category in subsection (3) (the “learning domains”); and

b

is from time to time selected by a F266local authority to form part of that local curriculum.

3

The learning domains are—

a

mathematics, science and technology;

b

business, administration and law;

c

services for people;

d

arts, media, culture and languages;

e

humanities, social sciences and preparation for life and work.

4

Subject to any regulations made under subsection (5), a F266local authority may form a local curriculum as it sees fit.

5

Regulations may make provision as to the formation of a local curriculum, including in particular provision—

a

requiring a minimum number of courses of study to be included within—

i

a local curriculum; or

ii

a particular learning domain of a local curriculum;

b

specifying—

i

a minimum proportion of vocational courses of study (as compared with other courses of study) that must be included within a local curriculum; or

ii

a minimum number of vocational courses of study that must be included within a local curriculum;

c

preventing during a specified period any alteration to the contents of a local curriculum.

6

For the purposes of this section—

a

a course of study is suitable if it is designated as suitable for inclusion in local curricula by direction given by the Welsh Ministers;

b

a vocational course of study is a course of study designated as such by direction given by the Welsh Ministers;

c

a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.

7

Regulations under subsection (5) may make different provision in relation to local curricula formed by different F267local authorities.

116BF206Local curricula: Welsh language

1

Each F266local authority must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.

2

In the discharge of its duty under subsection (1), a F266local authority must have regard to any guidance given by the Welsh Ministers.

3

Guidance under subsection (2) may be given to a particular authority, or to authorities of a particular class or to authorities generally.

4

Within two months of the end of each academic year, a F266local authority must, in accordance with any instructions given by the Welsh Ministers, provide the Welsh Ministers with a report which—

a

describes the courses of study included within local curricula established by the authority for that academic year which were to be taught through the medium of Welsh;

b

describes how many pupils elected to follow such courses under section 116D and how many pupils were entitled to follow such courses under section 116E;

c

explains what the authority plans to do in academic years following that to which the report relates so that registered pupils of schools maintained by the authority are given the opportunity to follow local curricula courses of study which are taught through the medium of Welsh.

5

For the purposes of subsection (4), “academic year” means the period of 12 months beginning on 1 September.

116CF207Authorities with more than one local curriculum

1

This section applies where a F266local authority forms more than one local curriculum under section 116A.

2

In relation to each local curriculum, the F266local authority must designate the maintained secondary schools whose registered pupils are to be entitled to elect under section 116D to follow courses of study included within the curriculum.

116DF203Pupils' choices of local curriculum courses

1

A registered pupil of a maintained secondary school has the right to elect to follow, during the fourth key stage, a course or courses of study included within the local curriculum for the pupil's school. But this is subject to regulations made under subsection (2).

2

Regulations may make provision as to the making of elections under this section, including in particular provision—

a

specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;

b

identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;

c

as to the period during which elections are to be made.

116EF208Pupils' local curriculum entitlements

1

During the fourth key stage, a pupil who has made an election under section 116D(1) is entitled to follow the elected course of study unless—

a

the pupil ceases to be a registered pupil of the school at which he or she was registered when he or she elected under section 116D(1) to follow the course of study; or

b

before the beginning of the fourth key stage, the head teacher of the pupil's school has decided under section 116F that the pupil is not entitled to follow the course of study.

2

Where a pupil is entitled to follow a course of study, it is for the head teacher of the pupil's school to decide upon which date during the fourth key stage the course is to begin.

116FF204Head teacher's decision as to entitlement

1

If the head teacher of a pupil's school is satisfied that any of the grounds in subsection (2) apply, the head teacher may decide that the pupil is not entitled to follow a course of study which the pupil has elected to follow under section 116D(1).

2

The grounds referred to in subsection (1) are that—

a

as a result of the pupil's level of educational attainment, the course of study is not suitable for him or her;

b

as a result of other elections made by the pupil under section 116D(1), it is not reasonably practicable for him or her to follow the course of study;

c

the amount of time likely to be spent travelling to the place at which the course of study is likely to be delivered would be detrimental to the pupil's education;

d

disproportionate expenditure would be incurred if the pupil were to follow the course of study;

e

the pupil's or another person's health or safety would be placed unacceptably at risk if the pupil were to follow the course of study.

3

Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—

a

as to the time or date by which decisions are to be made;

b

as to the procedure to be followed in connection with the making of decisions;

c

for appeals against decisions to be made to the governing body of a pupil's school or another person specified in the regulations;

d

as to the time or date by which appeals are to be determined;

e

as to the procedure to be followed in connection with the determination of an appeal.

4

A head teacher and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

5

The Welsh Ministers may by order—

a

amend or omit any paragraph of subsection (2);

b

add additional paragraphs to that subsection;

c

amend or omit such additional paragraphs.

116GF209Delivery of local curriculum entitlements

Where a pupil is entitled to follow a course of study under section 116E(1), the governing body of the pupil's school must ensure that during the fourth key stage the course is made available to the pupil by or on behalf of the governing body.

116HF205Head teacher's decision to remove entitlement

1

If the head teacher of a pupil's school is satisfied that any of the grounds in subsection (2) apply, the head teacher may decide that a pupil is no longer entitled to follow a course of study that the pupil was entitled to follow under section 116E.

2

The grounds referred to in subsection (1) are that—

a

the pupil's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;

b

disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.

3

Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—

a

as to the procedure to be followed in connection with the making of decisions;

b

for appeals against decisions to be made to the governing body of a pupil's school or another person specified in the regulations;

c

as to the effect of a decision pending determination of an appeal;

d

as to the procedure to be followed in connection with the determination of an appeal.

4

A head teacher and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

5

The Welsh Ministers may by order—

a

amend or omit any paragraph of subsection (2);

b

add additional paragraphs to that subsection;

c

amend or omit such additional paragraphs.

116IF161Planning the local curriculum

1

The following persons must assist a F266local authority in planning the local curriculum or curricula for its area—

a

the governing body and head teacher of any maintained secondary school maintained by the authority;

b

the governing body and principal or other head of an institution within the further education sector in the authority's area.

2

In subsection (1), “planning the local curriculum or curricula” means the process by which a F266local authority decides under section 116A which courses of study to include in the local curriculum or curricula for its area.

F4453

The persons mentioned in paragraphs (a) and (b) of subsection (1) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under that subsection.

4

The persons mentioned in paragraph (a) of subsection (1) must comply with any direction given by the Welsh Ministers as to the exercise of their functions under that subsection.

116JF162Delivery of local curriculum entitlements: joint-working

1

The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 116A.

2

In relation to the local curriculum or curricula for the area of a F266local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.

3

The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.

4

The persons are—

a

the F266local authority;

b

the governing body of a secondary school maintained by the authority; and

c

the governing body of an institution within the further education sector which is situated within the area of the authority.

5

In this section and section 116K “co-operation arrangements” means—

a

arrangements under which any person provides, on behalf of the governing body of a maintained secondary school, a course of study included within the relevant local curriculum for the school;

F363aa

arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.

F364b

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

F364c

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

6

For the purposes of this section, in relation to a maintained secondary school, “relevant local curriculum” means—

a

where the F266local authority by which the school is maintained has formed a single local curriculum for its area, that curriculum; or

b

where the F266local authority by which the school is maintained has formed more than one local curriculum for its area, the curriculum in respect of which the school is designated under section 116C(2).

116KF163Joint-working: guidance and directions

1

A F266local authority, a governing body of a maintained secondary school and the governing body of an institution within the further education sector in Wales must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 116J.

2

Guidance given under subsection (1) may relate to the content of co-operation arrangements.

3

F446A local authority and a governing body of a maintained secondary school must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.

4

A direction under subsection (3)—

a

may require persons to enter into specified arrangements;

b

may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);

c

in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.

116LF210Power to amend learning domains

The Welsh Ministers may by order—

a

amend or omit any paragraph of subsection (3) of section 116A;

b

add additional paragraphs to that subsection;

c

amend or omit such additional paragraphs.

116MF211Application of local curriculum provisions to children who are not registered pupils

1

Regulations may apply the provisions of sections 116A to 116K and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person falling within subsection (3).

2

The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

3

A person falls within this subsection if he or she—

a

is of compulsory school age;

b

is not a registered pupil of a maintained school; and

c

receives all, or the majority of, his or her education at, or under arrangements made by the governing body of, an institution within the further education sector in Wales.

116NF212Application of local curriculum provisions to children who are registered pupils of special schools

1

Regulations may apply the provisions of sections 116A to 116K and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person falling within subsection (3).

2

The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

3

A person falls within this subsection if he or she—

a

is of compulsory school age; and

b

is a registered pupil of a community F378... special school which is maintained by a F266local authority in Wales and is not established in a hospital.

116OF164Local curriculum: directions

Any direction given by the Welsh Ministers under sections 116A(6), 116I(3) and 116K(3) may be varied or revoked by a further direction.

Supplementary provisions

117 Procedure for making certain orders and regulations

Where F191the Welsh Ministers propose to make—

a

an order under section 103(4), 105(6), 108(2)(a) or (b)(i) or (ii) or (3)(a) or (b), or

b

regulations under section 112,

F192the Welsh Ministers shall make such arrangements for consultation about the proposals as F193the Welsh Ministers consider appropriate.

118 Programmes of research etc in relation to Wales

The F194Welsh Ministers may incur expenses in connection with the commissioning by F195the Welsh Ministers of such work, including programmes of research, development and dissemination, as F196they may require to be carried out for the purpose of facilitating the discharge of any of F197the Welsh Ministers' functions under sections 102 to 108.

Part 8Teachers

Teachers’ pay and conditions

119 School Teachers’ Review Body

1

The body established under section 1 of the School Teachers’ Pay and Conditions Act 1991 (c. 49) (review body)—

a

shall continue to exist, and

b

shall be known as the School Teachers’ Review Body.

2

The Prime Minister shall appoint the chairman of the Review Body.

3

The Secretary of State shall appoint other members of the Review Body.

4

Schedule 11 (which makes provision about the Review Body) shall have effect.

I44120 Review Body: function

1

The School Teachers’ Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—

a

the remuneration of school teachers, or

b

other conditions of employment of school teachers which relate to their professional duties or working time.

I3152

In subsection (1) “school teacher” means a person who is a school teacher for the purposes of the Secretary of State’s power under section 122 to make orders about remuneration and other conditions of employment.

3

Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—

a

a consideration to which they are to have particular regard,

b

matter on which they are to make a recommendation, or

c

the time within which they are to report.

4

Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.

5

A direction under subsection (3) may be varied or revoked.

Annotations:
Commencement Information
I44

S. 120 partly in force; s. 120 not in force at Royal Assent, see s. 216; s. 120(1)(3)-(5) in force at 1.10.2002 by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.)

I315

S. 120(2) in force at 1.8.2003 by S.I. 2003/1667, art. 2

121 Consultation by Review Body

1

Before reporting on a matter referred to them under section 120(1) the School Teachers’ Review Body shall—

a

notify each relevant body,

b

give each relevant body an opportunity to submit evidence and make representations, and

c

give the Secretary of State an opportunity to submit evidence and make representations.

2

In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—

a

associations of F267local authorities,

b

F267local authorities,

c

bodies representing the interests of governing bodies of schools, and

d

bodies representing the interests of teachers.

3

The Review Body may—

a

determine the manner in which each relevant body is permitted to submit evidence or make representations, and

b

may make different determinations in respect of different relevant bodies.

I316122 Power to prescribe pay and conditions

1

The Secretary of State may by order make provision for the determination of—

a

the remuneration of school teachers;

b

other conditions of employment of school teachers which relate to their professional duties or working time.

2

Where an order under this section applies to a school teacher—

a

his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,

b

a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and

c

a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.

3

A person is a school teacher for the purposes of this section if—

a

he is a qualified teacher,

b

he provides primary or secondary education under a contract of employment or for services,

c

the other party to the contract is a F266local authority or the governing body of a foundation, voluntary aided or foundation special school, and

C16d

the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).

4

A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a F266local authority.

5

A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—

a

he possesses a prescribed qualification,

b

he provides education of a prescribed kind or in prescribed circumstances (or both),

c

he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,

d

he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or

e

he is within a prescribed class of persons awaiting the award of a qualification.

6

A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.

7

In the application of subsection (2)—

a

it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,

b

it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and

c

in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.

8

In this section “prescribed” means prescribed by an order under this section.

I317123 Order under section 122: scope

1

An order under section 122 may, in particular—

a

confer discretion on a F266local authority or a governing body;

b

confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;

c

require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;

d

make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;

e

make provision for a right of appeal specified by or determined in accordance with the order;

f

limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;

g

set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;

h

set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;

i

provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;

j

provide for the determination of a question of the interpretation or application of a provision of the order.

2

Provision under subsection (1)(e) or (j) may—

a

confer jurisdiction on a court, tribunal, person or body;

b

provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and F267local authorities or teachers and governing bodies.

3

An order under section 122 may make retrospective provision, but not so as to—

a

reduce remuneration in respect of a period wholly or partly before the making of the order, or

b

alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.

4

The Secretary of State may by order provide—

a

that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);

b

that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;

c

that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.

I318124 Order under section 122: supplemental

1

An order under section 122 may—

a

make provision which applies generally or only in a specified case or in specified circumstances;

b

make different provision for different cases or circumstances;

c

make transitional provision.

2

An order under section 122 may make provision by reference to the exercise of another power under this Act.

3

An order under section 122 may make provision by reference to a document; and—

a

an order which makes provision by reference to a document must include provision about publication of the document, and

b

a reference in this section to an order includes a reference to a document referred to by an order.

I319125 Reference to Review Body

1

An order under section 122 may make provision about a matter only if the Secretary of State has—

a

referred the matter to the School Teachers’ Review Body under section 120, and

b

considered their report.

2

But subsection (1) shall not apply—

a

to subsidiary provision, or

b

in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.

3

Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—

a

concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,

b

concerns only the criteria for moving from one scale of remuneration to another,

c

concerns only the implementation or application of a system or principle on which the Review Body has reported,

d

prescribes a matter for the purpose of section 122(5),

e

is made under section 123(4), or

f

is minor, consequential, temporary, transitional or designed to resolve an anomaly.

4

The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—

a

shall be subsidiary for the purpose of subsection (2)(a), or

b

shall cease to be subsidiary for that purpose.

5

An order under subsection (4) may amend subsection (3).

I320126 Consultation by Secretary of State

The Secretary of State may not make an order under section 122 or 125(4)(a) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the content of the order—

a

associations of F267local authorities,

b

F267local authorities,

c

bodies representing the interests of governing bodies of schools, and

d

bodies representing the interests of teachers.

I321127 Guidance

1

The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.

2

The following shall have regard to guidance under subsection (1)—

a

a F266local authority, and

b

the governing body of a school.

3

Where an employer fails to follow guidance under subsection (1)—

a

the failure shall not give rise to civil liability, but

b

a court or tribunal may take the failure into account in any proceedings.

4

The Secretary of State may not issue guidance under subsection (1) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—

a

associations of F267local authorities,

b

F267local authorities,

c

bodies representing the interests of governing bodies of schools, and

d

bodies representing the interests of teachers.

I322128 Education action zone

1

This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).

2

On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.

3

Where an order under subsection (2) is in force in respect of a school—

a

the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,

b

the F266local authority shall do anything necessary to give effect to the governing body’s determination, and

c

pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).

4

A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.

5

An application under subsection (2) must specify a date for commencement of the order sought; and—

a

the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and

b

an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.

6

The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—

a

is revoked, or

b

lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.

7

In this section “school teacher” has the same meaning as in section 122.

I323129 Transfer of employment

1

Section 122(2) shall not apply to a person if—

a

a maintained school is established in place of an independent school in pursuance of proposals published under F87the relevant school organisation provisions (as defined by subsection (6)), and

b

the person becomes a school teacher in the maintained school in accordance with the F31Transfer of Undertakings (Protection of Employment) Regulations 2006.

2

But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—

a

a date specified in the notice,

b

if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or

c

if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.

3

Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the F266local authority.

4

In this section “school teacher” has the same meaning as in section 122.

5

In subsection (1) “maintained school” means—

a

a community school,

b

a foundation school,

c

a voluntary school,

d

a community special school,

e

a foundation special school, or

f

a maintained nursery school.

F886

In subsection (1)(a) “the relevant school organisation provisions” means—

a

in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

b

in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 F379or Part 3 of the School Standards and Organisation (Wales) Act 2013.

I45I324130 Repeal of School Teachers’ Pay and Conditions Act 1991

The School Teachers’ Pay and Conditions Act 1991 (c. 49) shall cease to have effect.

School teachers’ appraisal

I46131 Appraisal

1

Regulations may require the appraisal of the performance of teachers—

a

in a manner specified by the regulations, and

b

at times specified by or determined in accordance with the regulations.

2

The regulations may impose a duty on—

a

a F266local authority;

b

the governing body of a school or institution;

c

the head teacher of a school or the principal of an institution.

3

The regulations may—

a

require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations;

b

permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.

4

The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations.

5

The results of an appraisal may be used in determining a teacher’s remuneration.

6

Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate—

a

associations of F267local authorities in England,

b

F267local authorities in England,

c

bodies representing the interests of governing bodies in England,

d

bodies representing the interests of teachers in England, F246...

F246e

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

7

Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate—

a

associations of F267local authorities in Wales,

b

F267local authorities in Wales,

c

bodies representing the interests of governing bodies in Wales, F24and

d

bodies representing the interests of teachers in Wales, F25...

F25e

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

8

Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.

School teachers’ qualifications

C17I47I330132 Qualified teacher status

1

A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.

2

A requirement of regulations under this section may relate to—

a

the possession of a specified qualification or experience of a specified kind;

b

participation in or completion of a specified programme or course of training;

c

compliance with a specified condition;

d

an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.

F3273

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

4

The National Assembly for Wales shall consult the F485Education Workforce Council before making regulations under this section which make provision by reference to—

a

the content of a course or programme, or

b

the standard of education or training provided through a course or programme.

I48I325133 Requirement to be qualified

1

Regulations may provide that specified work may not be carried out by a person in a school F486in England unless he—

a

is a qualified teacher, or

b

satisfies specified requirements.

2

Regulations specifying work for the purpose of this section may make provision by reference to—

a

one or more specified activities, or

b

the circumstances in which activities are carried out.

3

Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).

4

A requirement of regulations under this section may, in particular, relate to—

a

the possession of a specified qualification or experience of a specified kind;

b

participation in or completion of a specified programme or course of training;

c

compliance with a specified condition;

d

an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.

5

Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).

6

In this section “school” means—

a

a school maintained by a F266local authority, or

b

a special school not so maintained.

F487I49134 Requirement to be registeredF307: teachers in Wales

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

I50I489135 Head teachers

1

Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.

2

Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).

3

A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.

4

Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—

a

pending the appointment of a head teacher, or

b

in the absence of the head teacher.

5

In this section “school” means—

a

a school maintained by a F266local authority, or

b

a special school not so maintained.

Annotations:
Commencement Information
I50

S. 135 partly in force; s. 135 not in force at Royal Assent, see s. 216; s. 135 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I489

S. 135 in force at 1.10.2003 except in relation to W. by S.I. 2003/1667, art. 5

F309Induction periods: teachers in England

Annotations:
Amendments (Textual)
F309

Ss. 135A-135C and cross-heading inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 9, 82(3); S.I. 2012/924, art. 2

135ARequirement to serve induction period: teachers in England

1

Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools in England, subject to such exceptions as may be provided by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in—

a

a relevant school,

b

in such circumstances as may be prescribed, a nursery school that—

i

is not maintained by a local authority, and

ii

is not a special school,

c

in such circumstances as may be prescribed, an independent school F328or an alternative provision Academy that is not an independent school, or

d

in such circumstances as may be prescribed, an institution within the further education sector (or an institution within the further education sector of a prescribed description) F329or a 16 to 19 Academy .

2

Regulations under this section may, in particular, make provision—

a

as to the length of the induction period in any prescribed circumstances;

b

as to periods of employment which are to count towards the induction period;

c

as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period;

d

precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served;

e

as to supervision and training during a person's induction period;

f

authorising the Secretary of State to determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period;

g

requiring the appropriate body to decide whether a person—

i

has achieved those standards and has accordingly satisfactorily completed his or her induction period, or

ii

should have his or her induction period extended by such period as may be determined by the appropriate body, or

iii

has failed satisfactorily to complete his or her induction period;

h

requiring the head teacher of a school to make a recommendation to the appropriate body as to whether a person has achieved the standards mentioned in paragraph (f);

i

requiring the appropriate body to inform the Secretary of State of any decision under paragraph (g);

j

requiring the employer of a person employed as a teacher at a relevant school to secure—

i

the termination of that person's employment as a teacher, or

ii

that the person only undertakes such teaching duties as may be determined in accordance with the regulations,

in such circumstances following a decision that the person has failed satisfactorily to complete his or her induction period as may be prescribed;

k

authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools F330institutions within the further education sector or 16 to 19 Academies or of training for teachers);

l

authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine;

m

requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function.

3

Regulations under subsection (1)(d) may, in particular—

a

provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;

b

provide for approval to be general or specific;

c

make provision (including transitional provision) about the withdrawal of approval;

d

impose conditions or limitations on the appropriate body's power to give or withhold approval.

4

In this section—

  • “the appropriate body” means such person or body (including a local authority) as may be prescribed by, or determined by the Secretary of State in accordance with, regulations under this section (and such regulations may provide for an appropriate body which is not a local authority to include a representative of such an authority);

  • “relevant school” means a school maintained by a local authority or a special school not so maintained.

5

In the application of this section to an institution within the further education sector F331or a 16 to 19 Academy —

a

a reference to a school term is to be read as a reference to a term of the institution;

b

a reference to the head teacher of a school is to be read as a reference to the principal of the institution.

135BInduction periods: appeals

1

Regulations under section 135A must include provision conferring on a person aggrieved by a decision under subsection (2)(g) of that section a right to appeal against the decision to the Secretary of State.

2

A decision on an appeal made by virtue of subsection (1) is to be final.

3

Regulations under section 135A made in pursuance of subsection (1) may make provision for, or for the determination in accordance with the regulations of, such matters relating to appeals as the Secretary of State considers necessary or expedient.

135CInduction periods: supplementary

1

During the induction period which a person is required to serve by virtue of regulations under section 135A, the provisions of section 131 (appraisal of teachers' performance) and regulations under that section do not apply to the person.

2

Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii) of section 135A, a teacher employed at a school maintained by a local authority—

a

continues to be employed at the school, but

b

is not undertaking his or her normal teaching duties there,

any costs incurred by the local authority in respect of the teacher's emoluments are not to be met from the school's budget share for any funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

Nothing in this subsection applies to a maintained school at any time when the school does not have a delegated budget.

3

In subsection (2)—

a

the references to a school's budget share and to a school not having a delegated budget have the same meaning as in Part 2 of the School Standards and Framework Act 1998;

b

“funding period”, in relation to a school's budget share, has the same meaning as in that Part.

4

Sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) have effect in relation to the duties imposed and powers conferred by virtue of section 135A as if the bodies to which those sections apply included—

a

the governing body of a special school that is not maintained by a local authority;

b

the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of an institution within the further education sector;

c

the appropriate body (within the meaning of section 135A).

Further education

I454I657136 Provision of education

Regulations may—

a

prohibit the provision of education at a further education institution by a person who does not have a specified qualification;

b

prohibit the provision of education at a further education institution by a person unless he is serving or has served a probationary period;

c

specify conditions to be complied with by or in respect of persons providing education at a further education institution.

I455I658137 Principals of further education institutions

1

Regulations may provide that a person may serve as the principal of a further education institution only if he has a specified qualification.

2

Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—

a

is of a kind specified in the regulations, and

b

is designed to lead to the award of a qualification specified under subsection (1).

F922A

Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).

3

A provision of regulations F93made under subsection (1) by the Welsh Ministers in relation to Wales shall not apply to a person who has been appointed as the principal of an institution F94in England or Wales ” before the commencement of the provision.

4

Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—

a

pending the appointment of a principal, or

b

in the absence of the principal.

I456I659138 Training in provision of further education

1

This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).

2

The Secretary of State may by regulations—

a

prohibit the provision by a further or higher education institution in England of a course to which this section applies without the approval of the Secretary of State;

b

enable the Secretary of State to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in England;

c

enable the Secretary of State to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in England.

3

The National Assembly for Wales may by regulations—

a

prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;

b

enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;

c

enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.

F447I486139 Wales: provision of higher education

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

I457I660140 Further education: general

1

Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.

2

Regulations under any of sections 136 to 139 may impose a function on—

a

a F266local authority, or

b

the governing body of a further or higher education institution.

3

In sections 136 to 139—

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” means an institution which—

    1. a

      provides further education and is maintained by a F266local authority, or

    2. b

      is within the further education sector, and

  • “higher education institution” means an institution which—

    1. a

      is within the higher education sector, and

    2. b

      receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).

Health and fitness

I51I331141 Health and fitness

1

Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.

2

This section applies to an activity of a prescribed kind performed in the course of the provision of education at—

a

a school, or

b

a further education institution.

3

This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—

a

otherwise than in a school or a further education institution, and

b

under a contract of employment or for services where the other party is a F266local authority or a person exercising a function relating to the provision of education on behalf of a F266local authority.

4

This section also applies to an activity of a prescribed kind (other than the provision of education) where—

a

the activity is carried out by a person under a contract of employment or for services,

F261b

the other party to the contract is—

i

a local authority which entered into the contract for purposes connected with any of their education functions,

ii

the governing body of a school, or

iii

a further education institution,

c

the activity regularly brings the person into contact with children.

5

In this section—

  • “child” means a person who has not attained the age of 18 years,

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” has the meaning given by section 140, and

  • “school” means—

    1. a

      a school maintained by a F266local authority, or

    2. b

      a special school not so maintained.

F310Teacher misconduct etc: England

Annotations:
Amendments (Textual)
F310

Ss. 141A-141E and cross-heading inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 8(1), 82(3); S.I. 2012/924, art. 2

141ATeachers to whom sections 141B to 141E apply

1

Sections 141B to 141E apply to a person who is employed or engaged to carry out teaching work at—

a

a school in England,

b

a sixth form college in England,

F332ba

a 16 to 19 Academy,

c

relevant youth accommodation in England, or

d

a children's home in England.

2

In subsection (1)—

  • “children's home” has the same meaning as in the Care Standards Act 2000;

  • “teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out).

141BInvestigation of disciplinary cases by Secretary of State

1

The Secretary of State may investigate a case where an allegation is referred to the Secretary of State that a person to whom this section applies—

a

may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute, or

b

has been convicted (at any time) of a relevant offence.

2

Where the Secretary of State finds on an investigation of a case under subsection (1) that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of the person.

3

Schedule 11A (regulations about decisions under subsection (2)) has effect.

4

In this section—

  • a “prohibition order” means an order prohibiting the person to whom it relates from carrying out teaching work;

  • “teaching work” has the same meaning as in section 141A(1);

  • “relevant offence”, in relation to a person, means—

    1. a

      in the case of a conviction in England and Wales, a criminal offence other than one having no material relevance to the person's fitness to be a teacher, and

    2. b

      in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (a).

141CList of persons prohibited from teaching etc

1

The Secretary of State must keep a list containing—

a

the names of persons in relation to whom a prohibition order has effect, and

b

the names of persons who have begun, but have failed satisfactorily to complete, an induction period under section 135A in such circumstances as may be prescribed.

2

The Secretary of State may include on the list the name of any person who has been prohibited from teaching in Wales, Scotland or Northern Ireland that the Secretary of State thinks appropriate to include on the list.

3

The Secretary of State must secure that, where the name of a person is included on the list because an interim prohibition order has effect in respect of the person, there is an indication on the list to that effect.

4

The Secretary of State must secure that, where the name of a person is included on the list because the person has failed satisfactorily to complete an induction period under section 135A, there is an indication on the list to that effect.

5

The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate.

6

The list must be available for inspection by members of the public.

7

In this section—

  • “prohibition order” has the same meaning as in section 141B;

  • “interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A.

141DSupply of information following dismissal, resignation etc

1

This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct.

2

This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services.

3

The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.

4

In this section—

  • “relevant employer” means—

    1. a

      a local authority;

    2. b

      a person exercising a function relating to the provision of education on behalf of a local authority;

    3. c

      the proprietor of a school F333or 16 to 19 Academy;

    4. d

      a sixth form college corporation;

    5. e

      a person who employs a person to teach in a children's home or in relevant youth accommodation;

  • “education” includes vocational, social, physical and recreational training;

  • “children's home” has the same meaning as in the Care Standards Act 2000;

  • “services” includes professional and voluntary services;

  • “teacher” means a person within section 141A(1).

141ESupply of information by contractor, agency etc

1

This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct.

2

This section also applies where the agent—

a

might have terminated the arrangements as mentioned in subsection (1) had the teacher not terminated them, or

b

might have refrained from making new arrangements because of the teacher's serious misconduct had the teacher not ceased to be available for work.

3

The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.

4

In this section “relevant employer” and “teacher” have the same meanings as in section 141D.

F358Allegations of offences committed by teachers in England and Wales: reporting restrictions

Annotations:
Amendments (Textual)
F358

Ss. 141F-141H and cross-heading inserted (1.10.2012) by Education Act 2011 (c. 21), ss. 13(1), 82(3); S.I. 2012/2213, art. 3

141FRestrictions on reporting alleged offences by teachers

1

This section applies where a person who is employed or engaged as a teacher at a school is the subject of an allegation falling within subsection (2).

2

An allegation falls within this subsection if—

a

it is an allegation that the person is or may be guilty of a relevant criminal offence, and

b

it is made by or on behalf of a registered pupil at the school.

3

No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation.

4

Any person may make an application to a magistrates' court for an order dispensing with the restrictions imposed by subsection (3).

5

The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of—

a

the person who is the subject of the allegation, and

b

the victim of the offence to which the allegation relates.

6

The power under subsection (5) may be exercised by a single justice.

7

In the case of a decision to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with Criminal Procedure Rules—

a

appeal to the Crown Court against the decision, or

b

appear or be represented at the hearing of such an appeal.

8

The persons referred to in subsection (7) are—

a

a person who was a party to the proceedings on the application for the order;

b

any other person with the leave of the Crown Court.

9

On an appeal under subsection (7), the Crown Court may—

a

make such order as is necessary to give effect to its determination of the appeal, and

b

make such incidental or consequential orders as appear to it to be just.

10

The restrictions in subsection (3) cease to apply once proceedings for the offence have been instituted.

11

The restrictions in subsection (3) also cease to apply if—

a

the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or

b

the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation.

12

The restrictions in subsection (3) also cease to apply if—

a

the person who is the subject of the allegation includes a matter in a publication, or

b

another person includes a matter in a publication with the written consent of the person who is the subject of the allegation;

and, in either case, the inclusion of the matter in the publication would otherwise be in breach of subsection (3).

13

Written consent is to be ignored for the purposes of subsection (12)(b) if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it.

14

In this section—

  • “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include—

    1. a

      an indictment or other document prepared for use in particular legal proceedings, or

    2. b

      a document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person;

  • “relevant criminal offence”, in relation to a person employed or engaged as a teacher at a school, means an offence against the law of England and Wales where the victim of the offence is a registered pupil at the school;

  • “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

15

For the purposes of this section, proceedings for an offence are instituted at the earliest of the following times—

a

when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence;

b

when a F488relevant prosecutor issues a written charge and requisition F489or single justice procedure notice in respect of the offence;

c

when a person is charged with the offence after being taken into custody without a warrant;

d

when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933.

F49016

In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

141GOffence of breach of reporting restrictions

1

This section applies if a publication includes any matter in breach of section 141F (3).

2

Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.

3

Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence—

a

any body corporate engaged in providing the programme service in which the programme is included, and

b

any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

4

In the case of any other publication, any person publishing it is guilty of an offence.

5

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

6

If an offence committed by a body corporate is proved—

a

to have been committed with the consent or connivance of, or

b

to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

7

In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

8

If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body.

9

Schedule 11B contains supplementary provision relating to an offence under this section.

141HDefences

1

Where a person is charged with an offence under section 141G, it is a defence for the person to prove either of the matters mentioned in subsection (2).

2

The matters are—

a

that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question;

b

that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.

Misconduct etc.

I52I228C20I299142 Prohibition from teaching, etc.

F1521

The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person—

a

may not carry out work to which this section applies;

b

may carry out work to which this section applies only in circumstances specified in the direction;

c

may carry out work to which this section applies only if conditions specified in the direction are satisfied.

2

This section applies to—

a

providing education at a school,

b

providing education at a further education institution,

c

providing education under a contract of employment or for services where the other party to the contract is a F266local authority or a person exercising a function relating to the provision of education on behalf of a F266local authority, and

d

taking part in the management of an independent school.

3

This section also applies to work of a kind which—

a

brings a person regularly into contact with children, and

b

is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).

4

A direction under this section may be given in respect of a person only—

a

on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children),

b

on the grounds that the person is unsuitable to work with children,

c

on grounds relating to the person’s misconduct,

d

on grounds relating to the person’s health, or

e

in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)).

5

The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

6

The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where—

a

the direction was given on the grounds that a person is unsuitable to work with children, and

b

the person claims that he is no longer unsuitable to work with children.

7

The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6).

8

Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction.

9

In this section—

  • “child” means a person who has not attained the age of 18 years,

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” has the meaning given by section 140,

  • “relevant employer” means—

    1. a

      F266local authorityF262exercising an education function,

    2. b

      a person exercising a function relating to the provision of education on behalf of a F266local authority,

    3. c

      the proprietor of a school, or

    4. d

      the governing body of a further education institution, and

  • “school” includes an independent school.

I53I229I300143 Directions under section 142: contractor, agency, etc.

F1521

A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.

2

If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

3

If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

4

A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.

5

A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.

I54I230I301144 Directions under section 142: appeal

F1521

A person in respect of whom a direction has been given under section 142 may appeal to the F135First-tier Tribunal —

a

against the decision to give the direction;

b

against a decision not to vary or revoke the direction.

2

In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.

3

This subsection applies to a case where—

a

the direction was given on the grounds that the applicant is unsuitable to work with children,

b

the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and

c

the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.

4

The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—

a

provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;

b

prescribe circumstances in which the Tribunal shall allow an appeal under this section;

c

prescribe the powers available to the Tribunal on allowing an appeal under this section;

d

prescribe circumstances in which the Tribunal shall grant an application for leave under this section;

e

prescribe circumstances in which the Tribunal shall grant an application for a review under this section;

f

prescribe the powers available to the Tribunal on revoking a direction.

Sections 132 to 140: general

I55I332145 Specification of qualification or course

1

A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision—

a

by reference to a class or description of qualification, course or programme;

b

by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;

c

which confers discretion on the Secretary of State, F335... F334... the National Assembly for Wales, the Higher Education Funding Council for Wales, the General Teaching Council for Wales or another specified person.

2

A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.

3

Regulations made by virtue of subsection (1) may impose a duty on F336... the Higher Education Funding Council for Wales.

I56I231I302I333I392I490I661I694146 Repeal of sections 218 and 218A of Education Reform Act 1988

Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.

1999 Pay Document

147 Application of pay-scale

1

This section—

a

applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and

b

shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).

2

Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.

3

Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.

4

In paragraph 18.1.1 (good honours degree)—

a

paragraph (a) shall be ignored,

b

paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and

c

in paragraph (c) the words “before 1st September has been employed as a qualified teacher and who” shall be ignored.

General Teaching Councils for England and Wales

I57I232I334I652I662148 The General Teaching Councils for England and Wales

Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.

Part 9Childcare and nursery education

Childcare

I58I233149 Duties of F266local authority in respect of childcare

F811

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

2

Section 19(1) and (2) of the Children Act 1989 (c. 41) (duty of local authorities in England and Wales to conduct periodic reviews of child care) shall cease to have effect.

I59I234150 Early years development and childcare partnerships and plans

F1291

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

F392

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

F393

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

F394

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

5

Early years development partnerships are renamed “early years development and childcare partnerships” F50...; accordingly in Part 5 of that Act after “early years development” (in each place it occurs) there is inserted “ and childcare ”.

I60151 Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales

I6951

The Secretary of State may by order confer on F82Her Majesty's Chief Inspector of Education, Children's Services and Skills such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty’s Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit.

2

The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by F83Her Majesty's Chief Inspector of Education, Children's Services and Skills .

I61I696152 Regulation of child minding and day care

Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.

Nursery education

I272153 Powers of F266local authority in respect of funded nursery education

1

This section applies where a F266local authorityF130 in Wales, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of F266local authority as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.

2

The F266local authority—

a

must, in making the arrangements, have regard to any guidance given from time to time by F131... the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and

b

must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.

3

Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the F266local authority under the arrangements.

4

In this section—

  • “maintained school” means a community, foundation or voluntary school, a community F380... special school or a maintained nursery school;

  • “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

F382154 Establishment or alteration of maintained nursery schools

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

I62I552155 Inspection of nursery education

Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.

Annotations:
Commencement Information
I62

S. 155 partly in force; s. 155 not in force at Royal Assent, see s. 216; s. 155 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2002, art. 4; s. 155 in force for certain further purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I552

S. 155 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I63I535156 Meaning of “nursery school” and “primary education”

1

In section 6(1) of the Education Act 1996 (c. 56) (meaning of “nursery school”), after “used” there is inserted “ wholly or ”.

2

For section 2(1) of that Act there is substituted—

1

In this Act “primary education” means—

a

full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

b

full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

c

full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

Part 10Independent schools

Chapter 1Regulation of independent schools

Standards

156AAF311Application of Chapter to alternative provision Academies that are not independent schools

1

This Chapter applies to alternative provision Academies that are not independent schools as it applies to independent schools in England.

2

Accordingly, references in this Chapter to independent schools (apart from those that are independent schools in Wales) are to be read as including references to alternative provision Academies that are not independent schools.

156AF450Application of Chapter to schools in Wales only

1

References in this Chapter to an independent school are to an independent school in Wales.

2

For provision regulating independent schools in England, see Chapter 1 of Part 4 of the Education and Skills Act 2008.

I393I502157 Independent school standards

1

For the purposes of this Chapter, regulations shall prescribe standards about the following matters—

a

the quality of education provided at independent schools;

b

the spiritual, moral, social and cultural development of pupils at independent schools;

c

the welfare, health and safety of pupils at independent schools;

d

the suitability of proprietors of and staff at independent schools;

e

the premises of and accommodation at independent schools;

f

the provision of information by independent schools;

g

the manner in which independent schools handle complaints.

F4511A

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

F1322

In this Chapter “independent school standards” means—

a

the standards for the time being prescribed under this section, F452...

F453b

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

Requirement of registration

I503158 The registers

I3941

There shall continue to be—

F454a

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

b

a register of independent schools in Wales.

F455I3942

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

I6633

The register of independent schools in Wales shall be kept by F456the Welsh Ministers.

I395I504159 Unregistered schools

1

A person who conducts an independent school which is not a registered school is guilty of an offence.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to—

a

a fine not exceeding level 5 on the standard scale, or

b

imprisonment for a term not exceeding six months,

or to both.

F713

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

4

Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time—

a

enter and inspect the premises, and

b

inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.

5

F44Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).

6

It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Registration procedure

I396I505160 Applications for registration

1

An application to enter an independent school in the register must—

a

contain the prescribed information, and

b

be made to the registration authority by the proprietor of the school in the prescribed manner.

2

The information prescribed under subsection (1)(a) shall include information as to the following matters relating to the school—

a

the age range of pupils;

b

the maximum number of pupils;

c

whether the school is for male or female pupils or both;

d

whether the school provides accommodation for pupils;

e

whether the school admits pupils with special educational needs.

3

Where the proprietor of an independent school makes an application to the registration authority under this section, the authority shall notify the Chief Inspector.

4

The Chief Inspector shall then inspect the school and report to the registration authority on the extent to which the independent school standards are met, and are likely to continue to be met, in relation to the school.

I397I506161 Determination of applications for registration

1

Where a school has been inspected under section 160, the registration authority shall, taking into account—

a

the report of the Chief Inspector under that section, and

b

any other evidence relating to the independent school standards,

determine whether those standards are met, and are likely to continue to be met, in relation to the school.

2

The registration authority shall notify the proprietor of a school of any determination made by the authority under this section in relation to the school.

3

If the registration authority determines under this section that the independent school standards are met, and are likely to continue to be met, in relation to a school, the authority shall enter the school in the register.

4

An entry in the register for a school shall include —

a

the name and address of the school,

b

the name of the proprietor of the school, and

c

the information supplied pursuant to section 160(2)(a) to (e).

Enforcement of standards after registration

I398I507C27162 Changes to registered details

1

The registration authority may remove a school from the register if—

a

there is a material change in relation to the school, and

b

the change has not been approved under this section or section 167.

2

For the purposes of subsection (1), “material change”, in relation to a school, means—

a

a change of proprietor,

b

a change of address, or

c

a change to the school in respect of any of the matters referred to in section 160(2)(a) to (e).

3

Applications for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.

4

Where an application for approval is made under this section, the registration authority may require the Chief Inspector to—

a

inspect the school, and

b

report to the authority on the extent to which, if the change is made, any relevant standard is likely to continue to be met in relation to the school.

5

In subsection (4), “relevant standard” means any of the independent schools standards specified by the authority for the purposes of that subsection.

6

The registration authority shall, where an application for approval is made under this section—

a

approve the change, if the condition in subsection (7) is satisfied, and

b

in any other case, refuse to approve it.

7

The condition in this subsection is that the authority is satisfied that, taking into account—

a

any report under subsection (4), and

b

any other evidence relating to the independent school standards,

those standards will continue to be met in relation to the school.

F457162APower to inspect registered schools in England

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

F449162BInspections under section 162A: supplementary

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

F42163Power to inspect registered schoolsF458...

1

The registration authority may at any time—

a

require the Chief InspectorF459... to inspect any registered schoolF459..., or to secure its inspection by one or more registered inspectors, or

b

arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.

2

The inspection of a school under this section shall relate to—

a

such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or

b

if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school.

3

A person who conducts an inspection under this section shall—

a

make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and

b

if the registration authority so requires, arrange for the publication of the report in the prescribed manner.

4

A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection).

5

In this section and section 164—

  • F460...

  • “registered inspector” means a person registered under section 25 of the Education Act 2005.

164 Inspections under section 163: supplementary

1

This section applies to the inspection of a school which is conducted by the Chief InspectorF461... or a registered inspector under section 163(1)(a).

2

If the inspection is conducted by a registered inspector—

a

he may, by agreement with the Chief InspectorF462..., be assisted by the Chief InspectorF462..., and

b

he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.

3

If the Chief InspectorF463... so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—

a

who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and

b

whose primary function in the inspection is not that of providing financial or business expertise.

4

If the inspection is conducted by a registered inspector, it may be monitored by the Chief InspectorF464....

5

The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times—

a

a right of entry to the premises of the school, and

b

a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.

6

Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).

7

It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection.

8

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

9

The proprietor of the school shall pay the Chief InspectorF465..., in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.

10

Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.

11

The Chief InspectorF466... shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.

12

Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief InspectorF467...).

I399C26I508165 Failure to meet standards

1

This section applies where, taking into account—

a

a report under section F468... 163 in respect of a registered school, or

b

any other evidence in respect of a registered school,

the registration authority is satisfied that any one or more of the independent school standards is or are not being met in relation to the school.

2

If the registration authority considers that there is a risk of serious harm to the welfare of pupils at the school, the authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

3

Where the registration authority does not make a determination under subsection (2), it shall serve a notice on the proprietor of the school—

a

identifying the standard or standards in question, and

b

requiring the proprietor to submit an action plan to the authority before the date specified in the notice (or such later date as the authority may specify after service of the notice).

4

For the purposes of this section, an action plan is a plan specifying—

a

the steps that will be taken to meet a standard or standards, and

b

the time by which each step will be taken.

5

Where an action plan is submitted in accordance with subsection (3) the registration authority may—

a

reject it, or

b

approve it, with or without modifications.

6

Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may—

a

determine that the school is to be removed from the register on such date after the appeal period as the authority may determine, or

b

make an order under subsection (8).

7

Where an action plan has been approved under subsection (5), but any step specified in the plan is not taken by the date specified in the plan (whether as originally approved or as varied under paragraph (a)), the registration authority may—

a

substitute a later date for the taking of that step,

b

make an order under subsection (8), or

c

determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

8

An order under this subsection is an order requiring the proprietor of the school to do one or more of the following no later than such date after the appeal period as may be specified in the order—

a

to cease using any part of the school premises for all purposes or purposes specified in the order;

b

to close any part of the school’s operation;

c

to cease to admit any new pupils, or new pupils of a description specified in the order.

9

If the proprietor of a school fails to comply with an order under subsection (8)—

a

he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and

b

e registration authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

10

Where the proprietor of a school in respect of which an order is made under subsection (8) applies to the registration authority for the order to be varied or revoked, the authority shall—

a

vary or revoke the order as requested in the application, if it is satisfied that it is appropriate to do so because of any change of circumstance, and

b

in any other case, refuse to do so.

11

The variation or revocation of an order under subsection (10) shall take effect as from the date on which the proprietor of the school is notified of it.

12

Where the registration authority has made a determination under this section to remove a school from the register on a particular date and no appeal is made against the determination under section 166, the authority shall remove the school from the register on that date.

13

For the purposes of this Chapter, the “appeal period” in relation to a determination or order is the period within which an appeal against it may be made under section 166.

I400I509166 Appeals

1

The proprietor of a registered school may appeal to the F136First-tier Tribunal against—

a

a refusal under section 162 to approve a material change,

b

a determination under section 165 to remove the school from the register,

c

an order under section 165(8) requiring the taking of specified action, or

d

a refusal under section 165(10) to vary or revoke such an order.

2

An appeal under subsection (1) must be made within the period of 28 days beginning with the day on which notice of the refusal, determination or order is served on the proprietor.

3

Where an appeal is made under subsection (1)(b) against a determination under section 165—

a

if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under section 167, the registration authority may remove the school from the register on such date after the appeal period as it may determine, and

b

in any other case the registration authority may only remove the school pursuant to the determination in accordance with section 167.

4

Where an appeal is made under subsection (1)(c) against an order under section 165(8), the order shall not have effect in relation to any time before the appeal is determined by the tribunal under section 167 or withdrawn or otherwise disposed of.

5

In the case of an appeal against a determination under section 165(2), if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of pupils before the determination of the appeal, it may by order provide that the school is to be regarded as not registered for the purposes of section 159 until the tribunal determines the appeal under section 167 (or revokes the order before so determining the appeal).

I401I510167 Determination of appeals

1

This section applies where an appeal is made under section 166 to the F137First-tier Tribunal.

2

In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may—

a

uphold the refusal to approve, or

b

itself approve the change.

3

In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may—

a

uphold the determination, or

b

revoke the determination.

4

Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.

5

Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order—

a

to cease using any part of the school premises for all purposes or purposes specified in the order;

b

to close any part of the school’s operation;

c

to cease to admit any new pupils, or new pupils of a description specified in the order.

6

In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may—

a

uphold the order,

b

vary the order, or

c

strike down the order.

7

In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may—

a

uphold the refusal, or

b

if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order—

i

vary the order in such manner as it thinks fit, or

ii

revoke the order.

8

The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.

9

If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)—

a

he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and

b

the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.

F151Prohibition on participation in management of independent schools

Annotations:
Amendments (Textual)
F151

Ss. 167A-167D and cross-heading inserted (12.10.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 169, 188(3); S.I. 2009/2545, art. 3(1)(a)

167AProhibition on participation in management of independent schools

1

The appropriate authority may direct that a person—

a

may not take part in the management of an independent school;

b

may take part in the management of an independent school only in circumstances specified in the direction;

c

may take part in the management of an independent school only if conditions specified in the direction are satisfied.

2

A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.

3

Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

4

The appropriate authority may vary or revoke a direction under this section in prescribed cases.

5

Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).

6

In this section and sections 167B to 167D, “appropriate authority” means—

F469a

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

b

F470... the registration authority or such other public authority as may be prescribed.

167BDirections under section 167A: appeals

1

A person in respect of whom a direction has been given under section 167A may appeal to the F254First-tier Tribunal—

a

against the decision to give the direction;

b

against a decision not to vary or revoke the direction.

2

Regulations may—

a

provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence;

b

prescribe circumstances in which the Tribunal shall allow an appeal under this section;

c

prescribe the powers available to the Tribunal on allowing an appeal under this section.

167CF471Directions under section 167A: information

1

Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter.

2

The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

3

The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

4

The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

5

The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.

167DF472Directions under section 167A: notification

Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

a

the registration authority (unless the appropriate authority is the registration authority), and

b

the Secretary of State and (if different) the appropriate authority for the purposes of sections 128 to 131 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).

Supplementary

I402I511168 Provision of information

1

Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.

2

Regulations under this section may in particular—

a

require the provision of such information as is required by the local authority for the purposes of determining whether the school is a children’s home (within the meaning of the Care Standards Act 2000 (c. 14));

b

provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;

c

provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

168AF69Proceedings for offences

No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.

168BOffences by bodies corporate

1

Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

any director, manager, secretary or other similar officer of the body corporate, or

b

any person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.

168COffences by unincorporated bodies

1

Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

2

A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.

3

If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.

4

Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

5

Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

I403I512169 Unsuitable persons

The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out F153any work to which section 142 applies—

a

is carrying out that work in contravention of a direction under that section, or

b

is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children).

F153work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.

I404I513170 Service of notice etc.

1

The registration authority must serve on the proprietor of a registered school notice of—

a

any decision made by the authority under section 162 in relation to the school;

b

any determination or order made by the authority under section 165 in relation to the school;

c

any decision made by the authority under subsection (10) of that section in relation to the school.

2

For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.

I405I514171 Interpretation of Chapter 1

In this Chapter—

  • “appeal period” has the meaning given by section 165;

  • “Chief Inspector” means—

    1. a

      F473...

    2. b

      F474... Her Majesty’s Chief Inspector of Education and Training in Wales;

  • F475...

  • “independent school standards” has the meaning given by section 157;

  • “the register” means—

    1. a

      F476...

    2. b

      F477... the register of independent schools in Wales;

  • “registered” means entered in the register;

  • F43...

  • “registration authority” means F478 the Welsh Ministers.

Chapter 2Children with special educational needs

I406I515172 Alteration to definition of “independent school”

For section 463 of the Education Act 1996 (c. 56) (meaning of “independent school”) there is substituted—

463 Meaning of “independent school”

1

In this Act “independent school” means any school at which full-time education is provided for—

a

five or more pupils of compulsory school age, or

b

at least one pupil of that age for whom a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989),

and which is not a school maintained by a F266local authority or a special school not so maintained.

2

For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.

I407I516173 Right of access of F266local authority

In section 327 of the Education Act 1996 (c. 56) ( F266local authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted “or at an independent school”.

I408I517174 Consent to placement

In section 347 of the Education Act 1996 (approval of independent schools as suitable to provide special education), in subsection (5)(b) (no child to be placed at an unapproved school unless the Secretary of State consents), after “Secretary of State” there is inserted “ is satisfied that there is a place available for the child at the school and ”.

Part 11Miscellaneous and General

General duties of F267local authorities and governing bodies

I541I656175 Duties of F267local authorities and governing bodies in relation to welfare of children

1

A F266local authority shall make arrangements for ensuring that F263their education functions are exercised with a view to safeguarding and promoting the welfare of children.

C902

The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.

3

The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.

C904

An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, 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.

5

In this section—

  • “child” means a person under the age of eighteen;

  • “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

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

F288I409I553176 Consultation with pupils

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

Education and training outside schools

I64I542177 Meaning of “secondary education”

1

Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.

2

In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)—

a

in paragraph (b), after “another institution” there is inserted “ or any other establishment ”, and

b

after “other institution” there is inserted “ or establishment ”.

3

After subsection (6) there is inserted—

6A

In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.

4

The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.

5

The power to make an order under subsection (4) is exercisable—

a

in relation to England, by the Secretary of State, and

b

in relation to Wales, by the National Assembly for Wales.

I65178 Training and education provided in the workplace for 14 to 16 year olds

I3621

The Learning and Skills Act 2000 (c. 21) is amended as follows.

F247I6972

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

F843I196

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

I362I6644

In section 83 (area inspections in Wales)—

a

in subsection (1)(a) for “16” there is substituted “ 15 ”, and

b

after subsection (10) there is inserted—

11

In subsection (1)(a) “persons who are aged 15” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “school” and “school year” have the same meaning as in the Education Act 1996.

F46179 Rights of entry in relation to inspections

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

I66180 Inspections of F267local authorities: rights of entry etc.

For section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted—

40 Inspector’s rights of entry etc.

1

This section applies where a F266local authority are inspected under section 38.

2

The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

a

the premises of the F266local authority,

b

the premises of any school maintained by the authority, and

c

any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

3

The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

a

any records kept by, and any other documents containing information relating to, the F266local authority or any school maintained by the authority, and

b

any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

4

Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

5

Without prejudice to subsections (2) and (3), the F266local authority and the governing body of any school maintained by the authority—

a

shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

b

shall secure that all such assistance is also given by persons who work at the school.

6

It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

7

A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

8

In this section—

  • “document” and “records” each include information recorded in any form; and

  • “relevant section 19 education” means education provided to a child by virtue of arrangements made by the F266local authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).

Annotations:
Commencement Information
I66

S. 180 wholly in force at 19.12.2002; s. 180 not in force at Royal Assent, see s. 216; s. 180 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); s. 180 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

Allowances in respect of education or training

I458I410181 Allowances in respect of education or training

1

Regulations may make provision authorising or requiring the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) to pay an allowance to or in respect of any eligible person who is over compulsory school age, in connection with his undertaking education or training of a prescribed description.

2

The relevant education or training must not be higher education.

3

Regulations may, in particular, make provision—

a

for determining whether a person is an eligible person in relation to any allowance,

b

prescribing information that must be supplied by or on behalf of any person before any allowance can be paid or continue to be paid to or in respect of him,

c

prescribing the period by reference to which any allowance of a periodic nature is to be paid,

d

prescribing the maximum allowance payable to or in respect of any person in respect of any period,

e

prescribing the maximum period during which an allowance may be payable to or in respect of any person,

f

where the amount of an allowance may vary to any extent according to a person’s circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him,

g

specifying whether any allowance in respect of any person is to be paid to him, to a parent of his or to any other person,

h

for any allowance under this section to be made available on such terms and conditions as may be prescribed, or determined under the regulations by the Secretary of State or the National Assembly for Wales, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined,

i

requiring the payment of an allowance to be suspended or terminated in any such circumstances,

j

for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals),

k

imposing obligations on the governing body of any maintained school or institution within the further education sector in relation to cases where the school or institution is providing the education or training referred to in subsection (1).

4

In this section and section 182—

  • “governing body”—

    1. a

      in relation to a pupil referral unit, means the F266local authority who maintain the unit, and

    2. b

      in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

  • “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a pupil referral unit.

I459I411182 Learning agreements

1

For the purposes of this section, a “learning agreement” is a document which—

a

specifies conditions which—

i

relate to the attendance or conduct of, or completion of assigned tasks by, a person to whom an allowance is or may become payable (in this section referred to as “the student”), and

ii

are either prescribed by regulations or, if regulations so provide, determined in accordance with any prescribed requirements by the person providing the relevant education or training,

b

contains a declaration by the student relating to compliance with those conditions, and

c

deals with such other matters as may be prescribed.

2

Regulations may require a learning agreement—

a

to be in the prescribed form, and

b

to be signed by the student and by or on behalf of such other persons as may be prescribed.

3

Without prejudice to the generality of section 181(3)(h), regulations may provide—

a

that a person is not eligible to receive an allowance unless the person providing the relevant education or training holds a learning agreement signed by him, and

b

that payment of an allowance is conditional on the person providing the relevant education or training from time to time determining that the student has complied with the learning agreement or has done so to a prescribed extent or in prescribed respects.

4

Regulations may—

a

enable or require a learning agreement to specify targets relating to the attendance, conduct or attainments of the student, and

b

enable or require the Secretary of State or the National Assembly for Wales, in any case where the person providing the relevant education or training determines that targets have been met, to make additional payments of allowance to or in respect of the student.

5

Without prejudice to the generality of section 181(3)(k), regulations may impose obligations relating to learning agreements on—

a

the governing body of a maintained school, or

b

the governing body of an institution within the further education sector.

6

Regulations may contain provision for determining the person by whom any relevant education or training is to be treated for the purposes of this section as being provided.

7

A learning agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

8

In this section—

  • “allowance” means an allowance under section 181;

  • “relevant education or training” means the education or training referred to in that section.

I460I412183 Transfer of functions relating to allowances under section 181

1

If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by—

a

the Chief Executive of Skills Funding,

aa

F337... or

b

F266local authority.

2

If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly’s determination, be exercisable instead by—

F23a

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

b

a F266local authority.

3

A F248person or body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function.

4

Where any function is so exercisable by a F266local authority, the function shall be taken to be a function of that authority—

a

for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities),

b

for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and

c

subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities).

5

In this section “the 2000 Act” means the Local Government Act 2000 (c. 22).

I413I461184 Delegation of functions relating to allowances

1

The Secretary of State or the National Assembly for Wales may make arrangements for any person or body specified in the arrangements to exercise on his or its behalf, to such extent as is so specified, any function exercisable by him or the Assembly by virtue of regulations made by virtue of section 181 (including any such function in relation to appeals).

2

Any arrangements made under subsection (1) shall not prevent the Secretary of State, or as the case may be the National Assembly for Wales, from exercising the function in question himself or itself.

I414I462185 Supplementary provisions relating to transfer or delegation of functions

1

The Secretary of State or the National Assembly for Wales may make provision for enabling appeals—

a

to be made with respect to such matters arising out of the exercise by virtue of section 183(1) or (2) or 184(1) by any person or body of any function of the Secretary of State or the Assembly as he or it may determine, and

b

to be so made to a person or body appointed for the purpose by the Secretary of State or the Assembly.

2

The Secretary of State or the National Assembly for Wales may pay to any body or person by whom any function of his, or as the case may be of the Assembly, is exercisable by virtue of section 183(1) or (2) or 184(1)—

a

such amounts as the Secretary of State or the Assembly considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—

i

in paying allowances under section 181, or

ii

by way of administrative expenses,

in, or in connection with, the exercise of that function;

b

in a case where the function is exercisable by virtue of section 184(1), such remuneration as the Secretary of State or the Assembly may determine.

3

Any payment under subsection (2)(a) may be made subject to such terms and conditions as the Secretary of State or the National Assembly for Wales may determine; and any such conditions may in particular—

a

require the provision of returns or other information before any such payment is made;

b

relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

4

The Secretary of State or the National Assembly for Wales may pay to any person or body appointed by him or it under subsection (1) such remuneration or administrative expenses (or both) as he or it may determine.

5

In relation to any function which, by virtue of section 183(1) or (2) or 184(1) is exercisable to a specified extent, references in section 183(3) and (4) and this section to the exercise of that function are accordingly to its exercise to that extent.

Student loans

186 Student loans

1

Regulations may make provision for—

a

the repayment by the Secretary of State of amounts payable in respect of loans mentioned in paragraph (a), (b) or (c) of subsection (2);

b

reducing or extinguishing the amounts payable in respect of loans mentioned in paragraph (a) or (b) of subsection (2).

2

The loans are—

a

loans received under arrangements made under section 1 of the Education (Student Loans) Act 1990 (c. 6) by eligible persons who fulfil prescribed conditions;

b

loans received under arrangements made under section 22 of the Teaching and Higher Education Act 1998 (c. 30) by eligible persons who fulfil prescribed conditions;

c

loans received for educational purposes under such other arrangements as may be prescribed by the regulations, including arrangements made outside England and Wales, by eligible persons who fulfil prescribed conditions.

3

The regulations may, in particular, make provision—

a

for determining whether a person is eligible for the purposes of the regulations;

b

prescribing the circumstances and manner in which, and the times at which, payments are to be made, or amounts are to be reduced or extinguished;

c

allowing retrospective adjustments for the purposes of the regulations, including provision allowing the Secretary of State to require reimbursement of repayments, or to alter the amounts reduced or extinguished;

d

for imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to information to be given to the Secretary of State;

e

for the reimbursement by the Secretary of State of costs incurred by persons or bodies in complying with any such requirements;

f

for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of the procedure to be followed in connection with the appeals).

4

The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of the regulations (including any such function in relation to appeals).

5

Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

6

The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (4) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body in, or in connection with, the exercise of that function.

7

Any payment under subsection (6) may be made subject to such terms and conditions as the Secretary of State may determine.

8

Such conditions may in particular—

a

require the provision of returns or other information before any such payment is made;

b

relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

9

In this section—

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made under this section by the Secretary of State.

Education action zones

I67I415I698187 Education action zones

Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.

School inspections

F47188 School inspections

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

Qualifications

I68189 Amendments of Part 5 of Education Act 1997

Schedule 17 (which contains amendments of Part 5 of the Education Act 1997 (c. 44) relating to the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales) shall have effect.

Annotations:
Commencement Information
I68

S. 189 partly in force; s. 189 not in force at Royal Assent, see s. 216; s. 189 in force for certain purposes at 1.10.2002 by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.); s. 189 in force for certain further purposes at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

190F266Local authority functions: qualifications

1

A F266local authority may award or authenticate academic and vocational qualifications, and may in particular—

a

devise and administer a qualification or a course leading to a qualification,

b

register candidates,

c

set, administer and moderate examinations or other assessments, and

d

require the payment of fees in respect of the exercise of the power.

2

A F266local authority may secure the exercise by any other person of such of the authority’s powers under subsection (1) as the authority may specify.

3

A F266local authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate.

4

The powers under this section shall be regarded as always having been within the powers of a F266local authority; and this section is without prejudice to the generality of the powers of a F266local authority.

Special educational needs: Wales

F370191 Regional provision for special educational needs in Wales

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

F370192 Directions to bring forward proposals to secure regional provision

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

F370193 Powers of Assembly to make proposals to secure regional provision

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

194 Welsh F267local authorities' powers to make regional provision

1

In section 14 of the Education Act 1996 (c. 56) (functions in respect of provision of primary and secondary schools), after subsection (4) there is inserted—

4A

A F266local authority for an area in Wales may secure that regional schools for providing—

a

primary education, and

b

education that is secondary education by virtue of section 2(2)(a),

are available for Wales or any part of Wales that includes the area of the authority.

4B

For this purpose a “regional school”, in relation to a F266local authority, is a school maintained by that authority which provides education to meet both—

a

the needs of pupils with particular special educational needs in their area, and

b

the needs of such pupils in the rest, or any other part, of Wales,

whether or not the institution also provides education suitable to the requirements of other pupils.

2

In section 318 of that Act (provision of goods and services in connection with special educational needs)—

F448a

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

b

after subsection (3A) there is inserted—

3B

A F266local authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection (1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.

I69I235I367195 The Special Educational Needs Tribunal for Wales

Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.

Other provisions relating only to Wales

196 Publication and provision of material

1

A F266local authority in Wales shall publish any qualifying material which the National Assembly for Wales provides to the authority for the purposes of this subsection.

2

A F266local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the authority for the purposes of this subsection.

3

The governing body of any school maintained by a F266local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the body for the purposes of this subsection.

4

For the purposes of this section, “qualifying material” is material the Assembly considers likely to—

a

assist parents in choosing schools for their children,

b

increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or

c

assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed.

5

No material published or provided under this section may name any individual to whom it relates.

6

The publication or provision of material by a F266local authority or governing body under this section shall be in such form and manner as may be prescribed.

I487197 Partnership agreements and statements

1

The National Assembly for Wales may by regulations require any F266local authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.

2

For the purposes of this section, a partnership agreement is an agreement about how a F266local authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—

a

such matters as may be prescribed, and

b

such other matters as the authority and the governing body may agree.

3

Where a F266local authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).

4

Regulations under this section may—

a

require the parties to a partnership agreement to review the agreement, and

b

require a F266local authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,

at such intervals, or in such circumstances, as may be prescribed.

5

Following a review of a partnership agreement, the parties may agree—

a

not to change the agreement,

b

to amend the agreement in such a manner that it remains a partnership agreement, or

c

to replace the agreement with a new partnership agreement,

but, where they fail to do so, subsection (3) applies as it applies where a F266local authority and governing body fail to reach agreement for the purposes of subsection (1).

6

Following a review of a statement under subsection (3), the F266local authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).

7

Regulations under this section may make provision for the time by which a F266local authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.

8

In the discharge of their functions in relation to a school maintained by a F266local authority in Wales—

a

the authority, and

b

the governing body and head teacher of the school,

must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.

I536198 Transition from primary to secondary school

1

The National Assembly for Wales may require—

a

the governing body of each secondary school maintained by a F266local authority in Wales, or of each such secondary school belonging to a class specified in the requirement, and

b

the governing body of each of its feeder primary schools maintained by such an authority,

jointly, to draw up plans to facilitate the transition from primary school to secondary school of pupils at those primary schools who are admitted to the secondary school.

2

In determining whether, for the purposes of this section, a particular school is to be regarded as a feeder primary school, in relation to a particular secondary school, regard is to be had to any guidance given, from time to time, by the Assembly.

3

Regulations may—

a

provide for the Assembly to determine any disputes as to whether a particular school is a feeder primary school of a particular secondary school for the purposes of this section; and

b

make provision about plans under this section, including provision which specifies the period within which such plans are to be drawn up and provision about the content, review and amendment of such plans.

4

In carrying out any functions conferred on them by or under this section, governing bodies must have regard to any guidance given, from time to time, by the Assembly.

5

In the discharge of their functions under any enactment, the governing body of a school maintained by a F266local authority in Wales, and the head teacher of that school, must have regard to any plans drawn up by the governing body under this section which for the time being have effect.

Provision of services

I70I197I463199 Transport for persons over compulsory school age

Schedule 19 (transport for persons over compulsory school age) shall have effect.

Annotations:
Commencement Information
I70

S. 199 partly in force; s. 199 not in force at Royal Assent, see s. 216; s. 199 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

I197

S. 199 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I463

S. 199 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I71I236I291200 Remission of charges relating to residential trips

In section 457 of the Education Act 1996 (c. 56) (charges and remissions policies), in subsection (4) (entitlement to complete remission of charges in respect of board and lodging on a residential trip), for paragraph (b) there is substituted—

b

the pupil’s parent is—

i

in receipt of income support,

ii

in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

iii

in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.

I72I292201F266Local authority functions concerning school lunches, milk etc.

I2371

For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by F267local authorities) there is substituted—

512F266Local authority functions concerning provision of meals, etc.

1

A F266local authority may provide—

a

registered pupils at any school maintained by the authority,

b

other persons who receive education at such a school, and

c

children who receive relevant funded nursery education,

with milk, meals and other refreshments.

2

Where provision is made under subsection (1), it shall be made—

a

in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and

b

in a case within paragraph (c) of that subsection, at any place where education is being provided.

3

A F266local authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if—

a

any prescribed requirements are met,

b

a request for the provision of school lunches has been made by or on behalf of that person to the authority, and

c

either—

i

that person is eligible for free lunches (within the meaning of section 512ZB(2)), or

ii

in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.

4

Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by F267local authorities to meet nutritional standards), any school lunches provided by a F266local authority pursuant to subsection (3) may take such form as the authority think fit.

5

A F266local authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

6

In this section—

  • “prescribed” means prescribed by the Secretary of State by order;

  • “relevant funded nursery education”, in relation to a F266local authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—

    1. a

      under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of F266local authority to secure sufficient nursery education), and

    2. b

      in consideration of financial assistance provided by the authority under those arrangements;

  • “school lunch”—

    1. a

      in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and

    2. b

      in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,

    whether involving a set meal or the selection of items by him or otherwise;

and references, in relation to a F266local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.

512ZA Duty to charge for meals etc.

1

A F266local authority shall charge for anything provided by them under subsection (1) or (3) of section 512.

2

A F266local authority shall charge every person the same price for the same quantity of the same item.

3

This section is subject to section 512ZB.

512ZB Provision of free school lunches and milk

1

Where the F266local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

2

For this purpose a person is eligible for free lunches if—

a

he is within subsection (4), and

b

a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

3

Where a F266local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—

a

the person is within subsection (4), and

b

a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

4

A person is within this subsection if—

a

his parent is—

i

in receipt of income support,

ii

in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)),

iii

in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

iv

in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or

b

he, himself, is—

i

in receipt of income support,

ii

in receipt of an income-based jobseeker’s allowance, or

iii

in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed.

5

In this section “prescribed” and “school lunch” have the same meaning as in section 512.

I2382

In section 512A of that Act (transfer of functions under section 512 to governing bodies)—

a

in subsection (2)—

i

in paragraph (a) for “section 512(1A) and (1B)” there is substituted “ section 512(3) and (4) ”,

ii

in paragraph (b) for “section 512(3)(a)” there is substituted “ section 512ZB(1) ”, and

iii

in paragraph (c) for “section 512(3)(b)” there is substituted “ section 512ZB(3) ”, and

b

in subsection (6) for “section 512(2)(b)” there is substituted “ section 512ZA(2) ”.

I2383

In section 114 of the School Standards and Framework Act 1998 (c. 31) (nutritional standards for school lunches for pupils at schools maintained by F267local authorities)—

a

in subsection (1), after “lunches for” there is inserted “ (a) ” and after “authorities” there is inserted

, or

b

other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996;

b

in subsection (2), after “a school” there is inserted “ or for such other persons who are provided with school lunches free of charge ”, and

c

in subsection (3)(b), at the beginning there is inserted “ in the case of lunches provided to registered pupils at schools maintained by F267local authorities, ”.

Miscellaneous

I335I464202 Further education institutions: records

1

Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions.

2

The regulations may, in particular, impose a function on—

a

a F266local authority, or

b

the governing body of a further education institution.

3

The regulations may, in particular, make a duty to provide a copy of a record conditional on the payment of a charge which does not exceed the cost of providing the copy.

4

In this section “further education institution” has the same meaning as in section 140.

I336I465203 Further education institutions: hazardous material, etc.

1

The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.

F3381A

The Secretary of State may by regulations require the proprietor of a 16 to 19 Academy to prevent the use in the Academy of specified equipment or specified materials without the approval of the Secretary of State.

2

The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person’s health or safety.

3

The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.

4

The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person’s health or safety.

5

In this section “further education institution” means an institution within the further education sector F339and “proprietor” has the same meaning as in the Education Act 1996.

I73I743204 Baseline assessments

Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.

I74I735205 Application of Part 5 of Education Act 1996 to nursery education

Section 410 of the Education Act 1996 (c. 56) (which excludes the application of Part 5 of that Act in relation to a nursery school or in relation to a nursery class at a primary school) shall cease to have effect.

Annotations:
Commencement Information
I74

S. 205 partly in force; s. 205 not in force at Royal Assent, see s. 216; s. 205 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I735

S. 205 in force at 1.8.2008 for W. by S.I. 2008/1728, art. 3, Sch. Pt. 2

I75I466206 Nuisance or disturbance on educational premises

Schedule 20 (nuisance or disturbance on educational premises) shall have effect.

Annotations:
Commencement Information
I75

S. 206 partly in force; s. 206 not in force at Royal Assent, see s. 216; s. 206 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I466

S. 206 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I273I523207 Recoupment: adjustment between F267local authorities

1

Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a F266local authority (in this section referred to as “the providing authority”) in respect of a person who belongs to the area of another F266local authority, for requiring or authorising the other authority (in this section referred to as the “home authority”) to pay to the providing authority—

a

such amount as the authorities may agree, or

b

failing agreement, such amount as may be determined by or under the regulations.

2

This section applies to F277—

a

primary education;

b

secondary education;

c

education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).

3

The regulations may provide for the amounts payable by one authority to another—

a

to reflect the whole or any part of the average costs incurred by F267local authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and

b

to be based on figures for average costs determined by such body or bodies representing F267local authorities, or on such other figures relating to costs so incurred, as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

4

Regulations made under this section in relation to Wales by the National Assembly for Wales may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined—

a

where the providing authority and the home authority are both in Wales, by the National Assembly for Wales, or

b

where the providing authority is in Wales and the home authority is in England, by the Assembly with the consent of the Secretary of State.

5

Any dispute between F267local authorities in Wales as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the National Assembly for Wales.

6

Any dispute between a providing authority in Wales and a home authority in England as to whether the providing authority is entitled to be paid any amount by the home authority under the regulations shall be determined by the National Assembly for Wales with the consent of the Secretary of State.

7

In this section references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

I274I524208 Recoupment: special cases

1

In section 493 of the Education Act 1996 (c. 56) (recoupment: cross-border provisions) for subsection (2) there is substituted—

2

Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between F267local authorities ) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

2A

The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.

2

The function of making regulations under section 494 of the Education Act 1996 (recoupment: excluded pupils), so far as exercisable in relation to Wales, is hereby transferred to the National Assembly for Wales.

3

The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section.

F340208AF287Recoupment: adjustment between F267local authorities and the YPLA

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

F95I257209 Paid chairmen for local learning and skills councils

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

General

210 Orders and regulations

1

Subject to subsection (2), any power of the Secretary of State or F143the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

2

Subsection (1) does not apply to any order under—

a

section 165 or 192, or

b

paragraph 3(6) or 5 of Schedule 1.

3

No order shall be made by the Secretary of State under—

a

section 80(3),

b

section 82(4)(b),

F133c

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

d

section 84(6),

e

section 86, or

f

section 125(4),

unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

4

Subject to subsections (5) and (6), a statutory instrument which contains any order or regulations made under this Act by the Secretary of State and is not subject to the requirement in subsection (3) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Subsection (4) does not apply to an order under—

a

section 7(2),

b

section F13487(3)(c) ,

c

section 128(2), or

d

section 216.

6

If an order under section 122 contains only provisions which in the opinion of the Secretary of State give effect without significant modification to recommendations of the School Teachers’ Review Body—

a

the order shall contain a statement to that effect, and

b

subsection (4) shall not apply.

F1446A

Any statutory instrument containing regulations F198 or an order made under section F43232C(5)F341... F199 or Part 7 by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales F200 unless the instrument contains an order mentioned in subsection (6AB) .

F2016AB

No order shall be made by the Welsh Ministers under section 101(3), 103(4)(b), 105(6), 107, 116F(5), 116H(5) or 116L unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

6B

Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

7

Any power of the Secretary of State or F145the Welsh Ministers to make an order or regulations under this Act includes power—

a

to make different provisions for different cases or areas,

b

to make provision generally or only in relation to specific cases, and

c

to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or F146the Welsh Ministers think fit.

8

Nothing in this Act shall be regarded as affecting the generality of subsection (7).

211 Wales

1

Subsection (2) applies where—

a

this Act confers a function (in this section referred to as “the new function”) on the Secretary of State by amendment of another Act, and

b

any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).

2

The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.

3

For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made by virtue of subsection (2) or section 208(3) is to be treated as if it were revoking or varying a previous Order in Council.

4

Subsection (2) does not apply in relation to the amendment made by section 208(1).

212 General interpretation

1

In this Act, unless the context otherwise requires—

  • “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);

  • F264“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

  • “the F266local authority”, in relation to a school maintained (or proposed to be maintained) by a F266local authority, means that authority;

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made under this Act by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).

2

Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

3

The provisions of this Act referred to in subsection (2) are—

a

Part 1 (provision for new legal frameworks),

b

Part 2 (financial assistance for education and childcare),

c

Part 3 (maintained schools),

d

Part 5 (school organisation), except section 72 and Schedule 9,

e

Parts 6 and 7 (the curriculum),

f

in Part 8, sections 119 to 146,

g

in Part 9, section 153,

h

Part 10 (independent schools), and

i

in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207.

4

Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

5

Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

213 Financial provisions

1

There shall be paid out of money provided by Parliament—

a

any expenditure incurred by the Secretary of State by virtue of this Act, and

b

any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament.

2

Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

214 Transitional provisions etc.

1

Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State, or as the case may be the National Assembly for Wales, to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.

2

Regulations under subsection (1) may, in particular, make provision—

a

for any provision of this Act which comes into force before—

i

another such provision has come into force, or

ii

anything falling to be done under another such provision has been done,

to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;

b

for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the passing of this Act, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.

3

The amendments that may be made under subsection (2)(b) shall be in addition (and without prejudice) to those made by any other provision of this Act.

4

Nothing in this Act shall be read as prejudicing the generality of subsection (1).

5

In this section “statutory provision” has the same meaning as in Chapter 1 of Part 3.

I76I198I239I275I303I329I337I467I416I491I497I518I525I537I543I554I562I610I651I665I699I736215 Minor and consequential amendments and repeals

I215I5451

Schedule 21 (which contains minor and consequential amendments) shall have effect.

I293I363I368I622I725I7442

The enactments specified in the first column of Schedule 22 (which include spent provisions) are repealed to the extent specified in the second column.

216 Commencement

1

The following provisions shall come into force on the day on which this Act is passed—

  • section 13,

  • section 52(7) to (10),

  • section 147,

  • section 186,

  • section 190,

  • sections 210 to 214, and

  • this section and section 217.

2

The following provisions shall come into force in accordance with provision made by the Secretary of State by order—

  • sections 65 to 69 and Schedule 7,

  • section 70 and Schedule 8,

  • section 71,

  • section 73,

  • Part 6,

  • sections 119 to 130 and Schedule 11,

  • section 209,

  • F283paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,

  • paragraphs 14, 17, 18, 56, 91 and 119 of Schedule 21, and section 215(1) so far as relating to those paragraphs, and

  • Part 1 of Schedule 22, and section 215(2) so far as relating to that Part.

3

The following provisions shall come into force in accordance with provision made by the National Assembly for Wales by order—

  • Part 7,

  • section 139,

  • sections 191 to 198 and Schedule 18,

  • paragraphs 5 to 8 of Schedule 17, and section 189 so far as relating to those paragraphs, and

  • Part 2 of Schedule 22, and section 215(2) so far as relating to that Part.

P14

Subject to subsections (1) to (3), this Act shall come into force—

a

except in relation to Wales, in accordance with provision made by the Secretary of State by order, and

b

in relation to Wales, in accordance with provision made by the National Assembly for Wales by order.

5

An order under this section may—

a

make provision generally or for specified purposes only,

b

make different provision for different purposes, and

c

contain such transitional provisions and savings as the person making the order thinks fit.

217 Short title and extent

1

This Act may be cited as the Education Act 2002.

2

This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

3

Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

4

Except as provided by subsection (3), this Act extends to England and Wales only.

SCHEDULES

C19C23C51C50C64C65 SCHEDULE 1Incorporation and powers of governing body

Section 19(6)

Annotations:
Modifications etc. (not altering text)
C23

Sch. 1 applied (with modifications) (10.7.2003) by New Schools (General) (England) Regulations 2003 (S.I. 2003/1558), regs. 1, 32

C51

Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 31

C50

Sch. 1 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))

C64

Sch. 1 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 30

C65

Sch. 1 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 31

I611C51C501C51C50I77Introductory

In the following paragraphs of this Schedule—

  • “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);

  • “the governing body” means the governing body of a maintained school incorporated under section 19(1).

Annotations:
Commencement Information
I611

Sch. 1 para. 1 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I77

Sch. 1 para. 1 partly in force; Sch. 1 para. 1 not in force at Royal Assent, see s. 216; Sch. 1 para. 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.)

I612C51C502C51C50I78Name and seal of governing body

1

The governing body shall be known as “The governing body of....” with the addition of the name of the school as for the time being set out in the school’s instrument of government.

2

The application of the seal of the governing body must be authenticated by the signature—

a

of the chairman of the governing body, or

b

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

together with the signature of any other member.

3

Every document purporting to be an instrument made or issued by or on behalf of the governing body and—

a

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

b

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

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

Annotations:
Commencement Information
I612

Sch. 1 para. 2 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I78

Sch. 1 para. 2 partly in force; Sch. 1 para. 2 not in force at Royal Assent, see s. 216; Sch. 1 para. 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.)

I79C183C23C51C50Powers of governing body

C78C851

The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—

I613a

the conduct of the school, or

I468b

the provision of facilities or services under section 27.

I613C78C852

The governing body may provide advice or assistance to—

a

the governing body of any other maintained school, whether or not maintained by the same F266local authority, or

b

any F266local authority.

C85F2692A

The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.

C852B

The governing body of a maintained school in England may be a member of the foundation of another maintained school in England.

In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.

I469I576C853

The powers conferred by sub-paragraphs (1) F270, (2) and (2A) include, in particular, power—

a

to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,

b

to acquire and dispose of land and other property,

c

to enter into contracts,

d

to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

e

to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and

f

to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2) F271 or (2A) , or the provision of facilities and services under section 27.

I469I576C854

The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—

a

of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or

b

if an order under sub-paragraph (5) so provides, of the F266local authority;

and any such consent may be given for particular borrowing or for borrowing of a particular class.

I469I576C855

The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—

a

in the case of all maintained schools, or

b

in the case of any class of such schools specified in the order,

by the F267local authorities by whom those schools are maintained.

I469I576C856

In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.

I469I5767

Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.

I469I576C918

Sub-paragraphs (1) to (3) have effect subject to—

a

any provisions of the school’s instrument of government, and

b

any provisions of a scheme under section 48 of the 1998 Act ( F267local authorities’ financial schemes) which relates to the school.

I80I614C51C504

Regulations may make further provision—

a

as to the general powers of the governing body, and

b

as to other matters relating to it as a body corporate.

Annotations:
Commencement Information
I80

Sch. 1 para. 4 partly in force; Sch. 1 para. 4 not in force at Royal Assent, see s. 216; Sch. 1 para. 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.)

I614

Sch. 1 para. 4 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I615C51C505C51C50I81Dissolution of governing body

1

If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

a

on the discontinuance date, or

b

on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

F4201A

Sub-paragraph (1) does not apply if—

a

the school is a federated school in Wales, and

b

immediately after the discontinuance date, there will be more than one other school remaining in the federation.

1B

“Federation” in sub-paragraph (1A) means a group of schools that are federated by virtue of Chapter 1 of Part 2 of the Education (Wales) Measure 2011 or were federated by virtue of section 24 before the coming into force of that Chapter, and “federated school” means a school forming part of a federation.

F3561A

Sub-paragraph (1) does not apply if—

a

the school is a federated school in England, and

b

immediately after the discontinuance date, there will be more than one other school remaining in the federation.

1B

“Federation” and “federated school” have the meanings given by section 24(2).

2

In this paragraph “the discontinuance date” means—

a

in relation to a school in England, whichever of the following is relevant—

i

the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 F249...,

ii

the date on which the school is discontinued under section 30 of the 1998 Act, F274...

iii

the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006F275, or

iv

the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;

b

in relation to a school in Wales, whichever of the following is relevant—

F381i

the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013,

ii

the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or

iii

the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013

SCHEDULE 2Effect on staffing of suspension of delegated budget

Sections 35(7) and 36(7)

C53Part 1Community, voluntary controlled, community special and maintained nursery schools

Annotations:
Modifications etc. (not altering text)

I634C53C861

The arrangements for the staffing of the school shall be determined by the F266local authority.

I635C53C862

The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.

I636C53C863

The authority shall, in connection with the exercise of their functions under paragraph 2, consult the governing body to such extent as the authority think fit.

I637C534

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), paragraph 2 shall have effect subject to the provisions of that section.

C24C54 Part 2Foundation, voluntary aided and foundation special schools

Annotations:
Modifications etc. (not altering text)

I638C545

The arrangements for the staffing of the school shall be determined by the F266local authority.

I639C546

Except with the consent of the authority, the governing body shall not—

a

appoint any teacher to work at the school, or

b

dismiss any teacher at the school.

I640C547

The authority may give the governing body directions—

a

as to the educational qualifications of the teachers to be appointed for giving secular education, or

b

requiring them to dismiss any teacher at the school;

but the authority shall not give any directions under paragraph (a) except after consulting the governing body.

I641C548

The authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.

I642C549

Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control authorised by regulations under section 31) the use of those premises is or would be under the control of any such person, the reference in paragraph 8 to the governing body shall be read as a reference to that person.

I643C5410

Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).

F22111

Paragraph 8 has effect subject to—

a

any provision made by an order under section 231(2)(a) or 233(2)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;

b

any provision made by an order under section 233(2)(d) or 234(2)(b) or (4)(b) of that Act, where the order provides that it is to have effect for determining the conditions of employment of persons to whom it applies.

SCHEDULE 3Amendments of Part 2 of School Standards and Framework Act 1998

Section 40

I82I4701Introductory

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.

Annotations:
Commencement Information
I82

Sch. 3 para. 1 partly in force; Sch. 3 para. 1 not in force at Royal Assent, see s. 216; Sch. 3 para. 1 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I470

Sch. 3 para. 1 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I83I4712Expenditure incurred for community purposes

1

Section 48 of the 1998 Act ( F267local authorities’ financial schemes) is amended as follows.

2

In subsection (1) after “by the authority” there is inserted “ or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) ”.

3

In subsection (2) after paragraph (d) there is inserted—

dd

the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;

Annotations:
Commencement Information
I83

Sch. 3 para. 2 partly in force; Sch. 3 para. 2 not in force at Royal Assent, see s. 216; Sch. 3 para. 2 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I471

Sch. 3 para. 2 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I84I4723

In section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—

za

facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),

Annotations:
Commencement Information
I84

Sch. 3 para. 3 partly in force; Sch. 3 para. 3 not in force at Royal Assent, see s. 216; Sch. 3 para. 3 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I472

Sch. 3 para. 3 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I85I4734

After section 51 of the 1998 Act there is inserted—

Expenditure incurred for community purposes

51A Expenditure incurred for community purposes

1

Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the F266local authority may be recovered by them from the governing body.

2

Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year.

3

Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.

Annotations:
Commencement Information
I85

Sch. 3 para. 4 partly in force; Sch. 3 para. 4 not in force at Royal Assent, see s. 216; Sch. 3 para. 4 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I473

Sch. 3 para. 4 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I86I4745

In Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where F266local authority may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted

or

c

are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).

Annotations:
Commencement Information
I86

Sch. 3 para. 5 partly in force; Sch. 3 para. 5 not in force at Royal Assent, see s. 216; Sch. 3 para. 5 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I474

Sch. 3 para. 5 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I417I6446Teachers engaged otherwise than as employees

1

Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.

2

In subsection (2)—

a

for “the teaching staff of” there is substituted “ teachers at ”, and

b

for “the teaching staff shall” there is substituted “ the teachers shall ”.

3

In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “ the total number of teachers ”.

4

In subsection (4), for “while holding the post of” there is substituted “ while he remains ”.

5

In subsection (6), for the words from “may” to the end there is substituted

may—

a

in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

b

in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.

6

In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “ or engaged ”.

I365I6457

In section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “ or engaged ”.

I366I6468

1

Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.

2

In subsection (5)(b), after “employment” there is inserted “ or engagement ”.

3

In subsection (6), after “employed” there is inserted “ or engaged ”.

SCHEDULE 4Admission arrangements

Section 51

I87I5261

In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).

Annotations:
Commencement Information
I87

Sch. 4 para. 1 partly in force; Sch. 4 para. 1 not in force at Royal Assent, see s. 216; Sch. 4 para. 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.)

I526

Sch. 4 para. 1 in force at 9.1.2004 for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I88I199I5632Meaning of “appeal panel”

In section 84(6) of the 1998 Act (interpretation of Chapter 1 of Part 3), in the definition of “appeal panel”, for “under Schedule 24 or 25” there is substituted “ in accordance with regulations under section 94(5) or 95(3) ”.

I893Parental preferences

I5641

Section 86 of the 1998 Act (parental preferences) is amended as follows.

F479I5642

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

I5643

After subsection (2) there is inserted—

2A

Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.

I5644

In subsection (3)—

a

at the end of paragraph (a) there is inserted “ or ”, and

b

paragraph (b) is omitted.

F480I5645

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

I6236

Subsection (6) shall cease to have effect.

F481I5647

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

I5648

In subsection (9), for “provide for all pupils admitted to the school” there is substituted “ , or arrangements such as are mentioned in subsection (3B), provide for all pupils selected under the arrangements ”.

I200I5274Children permanently excluded from two or more schools

In section 87 of the 1998 Act (no requirement to admit children permanently excluded from two or more schools) for subsection (4) there is substituted—

4

However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if—

a

he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,

b

on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—

i

that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but

ii

that it would otherwise have been appropriate to give such a direction, or

c

he was so excluded at a time when he had not attained compulsory school age.

4A

In subsection (4) “the relevant authority” means—

a

the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or

b

a panel constituted in accordance with regulations under subsection (3)(c) of that section.

I90I6245Procedure for determining admission arrangements

1

Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows.

2

For subsection (2) there is substituted—

2

Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely—

a

whichever of the governing body and the F266local authority are not the admission authority,

b

the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed,

c

the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and

d

the admission authorities for maintained schools of any prescribed description.

2A

Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if—

a

the admission authority are the school’s governing body, and

b

prescribed conditions are satisfied in relation to that year.

3

In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”.

4

In subsection (8), after paragraph (f) there is inserted—

fa

requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;

5

After that subsection there is inserted—

8A

The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it—

a

by giving a notice containing the information to prescribed persons, or

b

in any other prescribed manner.

6

For subsection (9) there is substituted—

9

Where the F266local authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).

7

After that subsection there is inserted—

10

In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult.

Annotations:
Commencement Information
I90

Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent, see s. 216; Sch. 4 para. 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.)

I624

Sch. 4 para. 5 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

I91I6256Reference of objections

In section 90(1)(b) of the 1998 Act (reference of objections to adjudicator or Secretary of State), for “consulted by the admission authority under section 89(2)” there is substituted “ who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section ”.

Annotations:
Commencement Information
I91

Sch. 4 para. 6 partly in force; Sch. 4 para. 6 not in force at Royal Assent, see s. 216; Sch. 4 para. 6 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I625

Sch. 4 para. 6 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

I92I6267Publication of information

For section 92 of the 1998 Act (publication of information about admissions) there is substituted—

92 Publication of information about admissions

Regulations may—

a

require the publication by a F266local authority of such information relating to admissions as may be prescribed,

b

require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed,

c

require or allow the publication by the governing body of any school maintained by a F266local authority, or by the F266local authority on behalf of the governing body, of such information relating to the school as may be prescribed, and

d

make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.

Annotations:
Commencement Information
I92

Sch. 4 para. 7 partly in force; Sch. 4 para. 7 not in force at Royal Assent, see s. 216; Sch. 4 para. 7 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I626

Sch. 4 para. 7 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

I93I201I5658Appeal arrangements: general

1

Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.

2

After subsection (1) there is inserted—

1A

A F266local authority shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

3

After subsection (2) there is inserted—

2A

The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

4

In subsection (3), after “(2)” there is inserted “ or (2A) ”.

5

In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.

6

In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.

F4827

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

I94I202I5669Appeals relating to children to whom section 87 applies

In section 95 of the 1998 Act (appeals relating to children to whom section 87 applies), for subsection (3) there is substituted—

3

An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.

3A

Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—

a

requiring prescribed information to be given to governing bodies in prescribed circumstances,

b

as to the procedure on such appeals,

c

for the payment by the F266local authority of allowances to members of an appeal panel, and

d

as to the matters to which an appeal panel is to have regard in considering an appeal.

3B

Regulations made by virtue of subsection (3A)(c) 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.

I95I56710Direction to admit child to specified school

In section 96(1) of the 1998 Act (direction to admit child to specified school) after “section” there is inserted “ to the governing body of a school for which they are not the admission authority ”.

Annotations:
Commencement Information
I95

Sch. 4 para. 10 partly in force; Sch. 4 para. 10 not in force at Royal Assent, see s. 216; Sch. 4 para. 10 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I567

Sch. 4 para. 10 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(2))

I96I56811Procedure for giving direction under section 96

1

Section 97 of the 1998 Act (procedure for giving direction under section 96) is amended as follows.

2

For subsection (4) there is substituted—

4

On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so—

a

where the F266local authority referred to in subsection (1) are the admission authority for that school, they shall—

i

admit the child to the school, and

ii

give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and

b

in any other case, that school shall be specified in the direction.

3

For subsection (6) there is substituted—

6

A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the F266local authority to the head teacher of the school.

Annotations:
Commencement Information
I96

Sch. 4 para. 11 partly in force; Sch. 4 para. 11 not in force at Royal Assent, see s. 216; Sch. 4 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I568

Sch. 4 para. 11 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(2))

I20312Nursery education, special schools and children with statements

I5381

Section 98 of the 1998 Act (admission for nursery education etc) is amended as follows.

I6272

For subsection (2) there is substituted—

2

The admission of children to a school for nursery education shall be disregarded—

a

for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

b

in determining for the purposes of section 89A what is a relevant age group in relation to a primary school.

I5383

In subsection (3), after “Chapter” there is inserted “ apart from subsections (4A) and (4B) ”.

I5384

After subsection (4) there is inserted—

4A

The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.

4B

Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

I5385

In subsection (8) after “this section” there is inserted “ , apart from subsections (4A) and (4B), ”.

I6276

For subsection (9) there is substituted—

9

Such children shall, in addition, be taken into account for the purposes of—

a

the references in section 86(5), (5B) and (9) to a number of pupils, and

b

any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

I97I62813Diocesan Boards of Education Measure 1991

In section 3(1) of the Diocesan Boards of Education Measure 1991 (1991 No. 2) (transactions for which advice or consent of Board is required), after paragraph (c) there is inserted—

cc

consulting under section 89(2) of that Act about proposed admission arrangements for any school year;

Annotations:
Commencement Information
I97

Sch. 4 para. 13 partly in force; Sch. 4 para. 13 not in force at Royal Assent, see s. 216; Sch. 4 para. 13 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I628

Sch. 4 para. 13 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

I98I62914Education Act 1996

In section 439(2) of the Education Act 1996 (c. 56) (specification of school intended to be named in a school attendance order), for “fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers)” there is substituted “ determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers) ”.

Annotations:
Commencement Information
I98

Sch. 4 para. 14 partly in force; Sch. 4 para. 14 not in force at Royal Assent, see s. 216; Sch. 4 para. 14 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.)

I629

Sch. 4 para. 14 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.

F388SCHEDULE 5Schools causing concern: amendments consequential on sections 55 and 56

Section 56(3)

Annotations:
Amendments (Textual)

F3881

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

F3882

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

F3883

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

F389 SCHEDULE 6Governing bodies consisting of interim executive members - Schedule to be inserted in School Standards and Framework Act 1998 as Schedule 1A

Section 59

Annotations:
Amendments (Textual)

F389SCHEDULE 1A

Section 19A

F3891Interpretation of Schedule

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

F3892Governing body to consist of members appointed by appropriate authority

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

F3893Effect of notice under section 16A(1) or 18A(1)

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

F3894Interim executive members

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

F3895

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

F3896Duty of appropriate authority to inform other persons

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

F3897Power to specify duration of interim period

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

F3898Chairman

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

F3899Remuneration and allowances

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

F38910Duty of interim executive board

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

F38911Proceedings of interim executive board

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

F38912Effect on suspension of delegated budget

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

F38913Exclusion of certain statutory provisions

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

F38914

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

F38915Closure of school

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

F38916

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

F38917Notice of resumption of government by normally constituted governing body

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

F38918Time when interim executive members cease to hold office

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

F38919Establishment of normally constituted governing body

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

SCHEDULE 7Academies: supplementary

Section 65

Part 1Land

1

In the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35—

SCHEDULE 35AAcademies: land

1Transfer schemes

1

The Secretary of State may make a scheme in relation to land if these requirements are met—

a

a F266local authority holds a freehold or leasehold interest in the land when the scheme is made;

b

at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school;

c

at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;

d

before making the scheme the Secretary of State consulted the authority.

2

The Secretary of State may also make a scheme in relation to land if these requirements are met—

a

a F266local authority holds a freehold or leasehold interest in the land when the scheme is made;

b

the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school;

c

before making the scheme, the Secretary of State consulted the authority.

3

These requirements must be met as regards a scheme under sub-paragraph (1) or (2)—

a

the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme;

b

the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy;

c

the transfer must be made to the transferee for the purposes of the Academy;

d

in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002;

e

the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.

4

In sub-paragraph (3) the reference to a right or liability—

a

includes a reference to a right or liability as a trustee, but

b

excludes a reference to a liability in respect of the principal of or interest on a loan.

5

A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

6

A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).

7

A scheme comes into force—

a

on the day it specifies for it to come into force, or

b

on the day it otherwise identifies as the day for it to come into force.

8

When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.

9

A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

2Restriction on disposal

1

Sub-paragraph (2) applies if—

a

a freehold or leasehold interest in land is held by a F266local authority,

b

the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and

c

at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school.

2

Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.

3

Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.

4

Sub-paragraph (2) does not apply to—

a

a disposal in favour of a person for the purposes of an Academy and for no consideration;

b

a contract to make such a disposal;

c

a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration.

5

A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).

6

A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.

3

1

This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).

2

In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.

3

In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed.

4

A repudiation under sub-paragraph (2) or (3) has effect—

a

when the notice is served, and

b

as if the repudiation were made by the authority.

5

In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.

6

The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).

7

On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.

8

If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of—

a

the compensation agreed or awarded in respect of the purchase,

b

any interest payable by him in respect of the compensation, and

c

the costs and expenses incurred by him in connection with the making of the compulsory purchase order.

9

The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).

4

1

For the purposes of paragraphs 2 and 3—

a

references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;

b

references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.

2

If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.

5Restriction on appropriation

1

Sub-paragraph (2) applies if—

a

a freehold or leasehold interest in land is held by a F266local authority,

b

the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and

c

at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school.

2

Unless the Secretary of State consents, the authority must not make the appropriation.

6

1

This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).

2

The Secretary of State may purchase the interest concerned compulsorily.

3

Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).

7Duty to inform

1

Sub-paragraph (2) applies if—

a

a freehold or leasehold interest in land is held by a F266local authority,

b

the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and

c

at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school.

2

The authority must inform the Secretary of State of the proposal.

8Former Academies

1

This paragraph applies if—

a

a freehold or leasehold interest in land is transferred from a F266local authority on or after 28th July 2000,

b

the transfer is made to a person for the purposes of an Academy, and

c

the first or the second condition set out below is satisfied.

2

The first condition is that—

a

the school concerned ceases to be an Academy, and

b

immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy.

3

The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy.

4

This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.

5

Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school.

6

The Secretary of State may make a scheme providing for the transfer of the interest—

a

from the person holding it;

b

to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

7

A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

8

A scheme comes into force on the day it specifies for it to come into force.

9

When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.

10

A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

9Disapplication of rule against perpetuities

Where—

a

a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and

b

at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions),

the rule against perpetuities does not apply to the option.

10Other Acts

1

Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c.20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease.

2

Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy.

3

Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made—

a

to a person for the purposes of an Academy, and

b

for no consideration.

4

Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made—

a

by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and

b

for no consideration.

11Regulations

Regulations under this Schedule may in particular include—

a

provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1;

b

provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

c

provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

d

provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land;

e

provision treating such an authority as having given acknowledgement in writing of the right to production of documents;

f

provision that consent under paragraph 2 is to be sought in a specified way;

g

provision that information is to be given under paragraph 7 in a specified way.

12Class consents

For the purposes of paragraphs 2(2) and 5(2), the consent of the Secretary of State—

a

may be given in relation to a particular case or class of case, and

b

may be given subject to conditions.

13Interpretation

A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.

Part 2Miscellaneous

2Environmental Protection Act 1990 (c. 43)

In section 98 of the Environmental Protection Act 1990 (definitions), in subsection (2)(e), for the words from “city academy” to “1996” there is substituted “ Academy ”.

3Diocesan Boards of Education Measure 1991 (1991 No. 2)

1

Section 10 of the Diocesan Boards of Education Measure 1991 is amended as follows.

2

In subsection (1), in the definition of “church school”, at the end there is inserted “ or an Academy falling within subsection (1A) ”.

3

After that subsection there is inserted—

1A

An Academy falls within this subsection if—

a

at least one member of its governing body is appointed to that body to represent the interests of the Church of England;

b

the premises provided for the Academy when first established were so provided on trust that, in the event of the discontinuance of the Academy, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of the Church of England; or

c

the premises provided for the Academy when first established were so provided on trust in connection with the provision of education, or the conduct of an educational institution, in accordance with the tenets of the Church of England.

4Further and Higher Education Act 1992 (c. 13)

In section 54 of the Further and Higher Education Act 1992 (duty to give information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

F280F280...

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

6Education Act 1996 (c. 56)

1

The Education Act 1996 has effect subject to the following amendments.

2

In section 2 (definition of “secondary education” etc), in subsection (2A)(a), after “F266local authority” there is inserted “ or is an Academy ”.

3

In section 316 (children with special educational needs), in subsection (4)(b)(iii), for “a city academy” there is substituted “ an Academy ”.

4

In section 483A (special educational needs)—

a

in subsection (2)(b), for “a city academy” there is substituted “ an Academy ”, and

b

subsection (7) shall cease to have effect.

5

In section 537 (power to require information), in subsection (7)(b), for “city academy” there is substituted “ Academy ”.

6

In section 541 (power to require provision of information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.

7

In section 550B (detention), in subsection (2)(c), for “city academy” there is substituted “ Academy ”.

8

In section 580 (index), at the appropriate place in the table there is inserted—

Academy

section 482

F487School Inspections Act 1996 (c. 57)

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

F3578Education Act 1997 (c. 44)

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

9School Standards and Framework Act 1998 (c. 31)

In section 110 of the School Standards and Framework Act 1998 (home-school agreements), in subsection (1)(b), for “a city academy” there is substituted “ an Academy ”.

F48310Learning and Skills Act 2000 (c. 21)

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

F51SCHEDULE 8Proposals for additional secondary schools: supplementary

Section 70

Annotations:
Amendments (Textual)

F511Introductory

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

F512Procedure before approval by Secretary of State

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

F513Approval of proposals for maintained schools

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

F514Negotiations to establish an Academy

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

F515Requirement to implement proposal to establish maintained school

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

F516Proposal relating to community school

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

F517Proposal relating to foundation or voluntary controlled schools

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

F518Proposal relating to voluntary aided schools

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

F519Proposal relating to Academies

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

F371SCHEDULE 9Proposals relating to sixth forms: implementation

Section 72

Annotations:
Amendments (Textual)

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

F372SCHEDULE 10 Establishment etc of schools: procedural changes

Section 75

Annotations:
Amendments (Textual)

F3721Proposals for establishment, alteration and discontinuance of schools

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

F3722

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

F3723

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

F3724

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

F3725

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

F3726

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

F3727Proposals for rationalisation of school places

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

F3728

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

F3729

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

F37210

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

F37211Proposals in relation to sixth forms

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

F37212

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

F37213

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

F37214

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

F37215

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

SCHEDULE 11School Teachers’ Review Body

Section 119

1Membership

There shall be not less than five or more than nine members of the Body (including the chairman).

2

A member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule).

3

A member may resign by notice in writing to the Secretary of State.

4

The Secretary of State may by notice in writing dismiss a member if the member—

a

is adjudged bankrupt F361or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),

b

enters into an arrangement with his creditors, or

c

is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his duties whether by reason of physical or mental illness or otherwise.

5

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for the entry relating to the body established under the School Teachers’ Pay and Conditions Act 1991 (c. 49) there shall be substituted the following—

Member, in receipt of remuneration, of the School Teachers’ Review Body.

6Chairman

The chairman may by notice in writing to the Prime Minister—

a

resign as chairman, or

b

resign as chairman and as a member of the Body.

7

Paragraph 4 shall apply to the chairman and for that purpose—

a

a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and

b

the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body.

8

If the chairman ceases to be a member of the Body he also ceases to be chairman.

9Deputy Chairman

The Secretary of State may appoint a member of the Body to act as deputy chairman.

10

The deputy chairman may by notice in writing to the Secretary of State—

a

resign as deputy chairman, or

b

resign as deputy chairman and as a member of the Body.

11

If the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman.

12Money

1

This paragraph applies to—

a

a member of the Body;

b

the chairman;

c

the deputy chairman.

2

The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies.

3

The Secretary of State may make payments to or in respect of a person to whom this paragraph applies by way of or in connection with—

a

a pension;

b

an allowance or gratuity on retirement or death.

4

The Secretary of State may pay compensation to a person who ceases to be a member of the Body if the Secretary of State thinks it right by reason of special circumstances.

13Proceedings

The Body shall determine their own proceedings (including any provision for a quorum).

14

The validity of proceedings of the Body shall not be affected by—

a

a vacancy in the membership,

b

a vacancy in the position of chairman, or

c

a defect in the appointment of a member.

15Transitional provision

An appointment made by the Prime Minister under section 1(1) of the School Teachers’ Pay and Conditions Act 1991 (c. 49) shall continue to have effect, subject to paragraphs 3, 4 and 6 to 11, after the commencement of this Schedule.

F308SCHEDULE 11AREGULATIONS ABOUT DECISIONS UNDER SECTION 141B

Section 141B

Annotations:
Amendments (Textual)
F308

Sch. 11A inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 8(2), 82(3); S.I. 2012/924, art. 2

Regulations: general

1

The Secretary of State must make regulations in accordance with the following provisions of this Schedule.

Procedure for decisions under section 141B(2)

2

1

Regulations under paragraph 1 must make provision about the procedure to be followed by the Secretary of State in reaching a decision under section 141B(2).

2

The regulations must not require a person to give evidence or produce any document or other material evidence which the person could not be compelled to give or produce in civil proceedings in any court in England and Wales.

3

The regulations may make provision for any functions of the Secretary of State under section 141B to be excluded or restricted in such circumstances as may be specified in or determined under the regulations.

4

The circumstances include, in particular, where the Secretary of State considers this to be appropriate taking into account the powers of the F365Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006.

Interim prohibition orders

3

1

Regulations under paragraph 1 may make provision for the Secretary of State to make an interim prohibition order, pending the Secretary of State's final decision under section 141B (2).

2

Regulations about interim prohibition orders must provide that an interim prohibition order may be made only if the Secretary of State considers that it is necessary in the public interest to do so.

3

Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order—

a

within six months of the order being made, and

b

within each subsequent six month period,

if the person to whom the order relates makes an application to the Secretary of State for such a review.

Prohibition orders

4

1

Regulations under paragraph 1 may make provision—

a

about the service on a person to whom a prohibition order relates of notice of the order and of the right to appeal against the order under paragraph 5;

b

about the publication of information relating to the case of a person to whom a prohibition order relates;

c

prescribing circumstances in which a person to whom a prohibition order relates may nevertheless carry out teaching work (within the meaning of section 141A).

2

Regulations under paragraph 1 may also make provision—

a

as to the time when a prohibition order takes effect;

b

allowing a person to whom a prohibition order relates to apply to the Secretary of State for the order to be set aside;

c

as to the minimum period for which a prohibition order must be in effect before such an application may be made;

d

as to the procedure relating to such an application.

Appeals against prohibition orders

5

1

Regulations under paragraph 1 must make provision conferring on a person to whom a prohibition order relates a right to appeal against the order to the High Court.

2

The regulations must provide that an appeal must be brought within 28 days of the person being served with notice of the prohibition order.

3

No appeal is to lie from any decision of the Court on such an appeal.

4

In this paragraph, “prohibition order” does not include an interim prohibition order made by virtue of paragraph 3.

Supplementary provisions

6

1

Regulations under paragraph 1 may make incidental and supplementary provision, including provision—

a

where a prohibition order has effect in relation to a person, for the Secretary of State to serve notice of the order on the person's employer;

b

requiring the employer of such a person to take such steps in consequence of the order (which may include dismissing the person) as may be prescribed;

c

authorising the delegation of functions conferred by virtue of this Schedule and the determination of matters by any person or persons specified in the regulations.

2

Regulations under paragraph 1 may also make provision—

a

for the Secretary of State to make a decision in a particular case about the effect in England of an order prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland;

b

about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.

F359SCHEDULE 11BOFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS

Section 141G

Annotations:
Amendments (Textual)
F359

Sch. 11B inserted (1.10.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 4; S.I. 2012/2213, art. 3

Introduction

1

1

This Schedule makes supplementary provision relating to an offence under section 141G (breach of reporting restrictions relating to alleged offences committed by teachers).

2

The purpose of this Schedule is to comply with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“the E-Commerce Directive”).

Domestic service providers: extension of liability

2

1

This paragraph applies where a service provider is established in England and Wales (a “domestic service provider”).

2

Section 141G applies to a domestic service provider who—

a

publishes information in breach of section 141F(3) in an EEA state other than the United Kingdom, and

b

does so in the course of providing information society services,

as it applies to a person who publishes such information in England and Wales.

3

In such a case—

a

proceedings for the offence may be taken at any place in England and Wales, and

b

the offence may for all incidental purposes be treated as having been committed at any such place.

Non-UK service providers: restriction on proceedings

3

1

This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).

2

Proceedings for an offence under section 141G must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services.

Exceptions for mere conduits

4

1

A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in—

a

the provision of access to a communication network, or

b

the transmission in a communication network of information provided by a recipient of the service,

if the following condition is satisfied.

2

The condition is that the service provider does not—

a

initiate the transmission,

b

select the recipient of the transmission, or

c

select or modify the information contained in the transmission.

3

For the purposes of sub-paragraph (1)—

a

the provision of access to a communication network, and

b

the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

4

Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

5

1

This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

2

The service provider is not guilty of an offence under section 141G in respect of the automatic, intermediate and temporary storage of information so provided, if—

a

the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

b

the following conditions are satisfied.

3

The first condition is that the service provider does not modify the information.

4

The second condition is that the service provider complies with any conditions attached to having access to the information.

5

The third condition is that if the service provider obtains actual knowledge that—

a

the information at the initial source of the transmission has been removed from the network,

b

access to it has been disabled, or

c

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,

the service provider expeditiously removes the information or disables access to it.

Exception for hosting

6

1

A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.

2

The condition is that—

a

the service provider had no actual knowledge when the information was provided that it contained offending material, or

b

on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

3

“Offending material” means material the publication of which constitutes an offence under section 141G.

4

This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

7

1

In this Schedule—

  • “information society services”—

    1. a

      has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

    2. b

      is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

  • “recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

  • “service provider” means a person providing an information society service.

2

For the purpose of construing references in this Schedule to a service provider who is established in England and Wales or in an EEA state other than the United Kingdom—

a

a service provider is established in England and Wales, or in an EEA state other than the United Kingdom, if the service provider—

i

effectively pursues an economic activity using a fixed establishment in England and Wales, or in that EEA state, for an indefinite period, and

ii

is a national of an EEA state or a company or firm mentioned in F360Article 54 of the Treaty on the Functioning of the European Union;

b

the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

c

where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

SCHEDULE 12The General Teaching Councils for England and Wales

Section 148

Part 1Amendments of Teaching and Higher Education Act 1998

I991

The Teaching and Higher Education Act 1998 (c. 30) is amended as follows.

Annotations:
Commencement Information
I99

Sch. 12 para. 1 wholly in force at 19.12.2002; Sch. 12 para. 1 not in force at Royal Assent, see s. 216; Sch. 12 para. 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.); Sch. 12 para. 1 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I1002

In section 2 (which relates to the advisory functions of the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales), in subsection (2) before the word “and” immediately following paragraph (e) there is inserted—

ee

the supply of teachers;

ef

the retention of teachers within the teaching profession;

eg

the standing of the teaching profession;

Annotations:
Commencement Information
I100

Sch. 12 para. 2 wholly in force at 19.12.2002; Sch. 12 para. 2 not in force at Royal Assent, see s. 216; Sch. 12 para. 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.); Sch. 12 para. 2 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

3

I338I6531

Section 3 (which relates to the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.

I3382

In subsection (1) for “a register of teachers” there is substituted “ a register for the purposes of this Chapter ”.

I339I6663

In subsection (2), for “registration” there is substituted “ full or provisional registration ”.

I3384

In subsection (3) for “registration”, where first occurring and in paragraph (b), there is substituted “ full registration ”.

I654I6675

After subsection (3) there is inserted—

3A

A person is eligible for provisional registration if he satisfies such conditions as may be prescribed.

3B

A person is not eligible for provisional registration or full registration unless at the relevant time the Council are or were satisfied as to his suitability to be a teacher.

3C

In subsection (3B) “the relevant time” means—

a

in relation to an applicant for provisional registration or an applicant for full registration who is already registered with provisional registration, the time of provisional registration, or

b

in the case of an applicant for full registration who is not already registered with provisional registration, the time of full registration.

3D

Regulations may provide that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher.

I3386

In subsection (4), for “registration” there is substituted “ full registration ”.

I1014

1

Section 4 (which relates to regulations about the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.

I655I6682

In subsection (2), after paragraph (b) there is inserted—

ba

the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;

3

After subsection (4) there is inserted—

4A

The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising—

a

their functions under this Act relating to registration, and

b

all other functions conferred on them under this Act or any other enactment.

I340I6694

After subsection (5) there is inserted—

6

In this section “registration” means full registration or provisional registration.

Annotations:
Commencement Information
I101

Sch. 12 para. 4 partly in force; Sch. 12 para. 4 not in force at Royal Assent, see s. 216; Sch. 12 para. 4(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.); Sch. 12 para. 4(1)(3) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I655

Sch. 12 para. 4(2) in force at 31.5.2006 for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1

I668

Sch. 12 para. 4(2) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I340

Sch. 12 para. 4(4) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I669

Sch. 12 para. 4(4) 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

I6705

After section 4 there is inserted—

4A Appeals against refusal of registration

1

Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him.

2

The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant’s suitability to be a teacher.

3

On such an appeal the Court may make any order which appears appropriate.

4

No appeal shall lie from any decision of the Court on such an appeal.

Annotations:
Commencement Information
I670

Sch. 12 para. 5 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

I1026

After section 6 there is inserted—

6A Power to promote teaching profession

1

The Council may undertake activities designed to promote the standing of the teaching profession.

2

Without prejudice to the generality of subsection (1), such activities may include—

a

giving advice,

b

organising conferences and lectures, and

c

arranging for the publication of material in any form.

Annotations:
Commencement Information
I102

Sch. 12 para. 6 wholly in force at 19.12.2002; Sch. 12 para. 6 not in force at Royal Assent, see s. 216; Sch. 12 para. 6 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 6 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F3427

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

I341I6718

In section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—

“registration” means full registration or provisional registration;

Annotations:
Commencement Information
I341

Sch. 12 para. 8 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I671

Sch. 12 para. 8 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

I1039

In section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.

Annotations:
Commencement Information
I103

Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent, see s. 216; Sch. 12 para. 9 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I342I67210

In section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.

Annotations:
Commencement Information
I342

Sch. 12 para. 10 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I672

Sch. 12 para. 10 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

I10411

In Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—

18Power to amend Schedule

1

The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2).

2

Those provisions are—

a

paragraph 2(3),

b

paragraph 4,

c

paragraph 5,

d

paragraph 6,

e

paragraph 11

f

paragraph 14(2).

Annotations:
Commencement Information
I104

Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent, see s. 216; Sch. 12 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I10512

I2401

Schedule 2 (disciplinary powers of Council) is amended as follows.

I2402

For paragraph 4 (suspension orders) there is substituted—

4

1

Where a suspension order is made in relation to a person—

a

he shall cease to be eligible for registration under section 3, and

b

if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly,

but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.

2

A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so—

a

that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and

b

if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions.

3

Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order.

4

A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.

I343I6733

In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—

1A

References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.

Annotations:
Commencement Information
I105

Sch. 12 para. 12 partly in force; Sch. 12 para. 12 not in force at Royal Assent, see s. 216; Sch. 12 para. 12(1)(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.); Sch. 12 para. 12(1)(2) in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I240

Sch. 12 para. 12(1)(2) in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I343

Sch. 12 para. 12(3) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I673

Sch. 12 para. 12(3) 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

F32Part 2Amendments of other enactments

Annotations:
Amendments (Textual)

F32I67413

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

Annotations:
Commencement Information
I674

Sch. 12 para. 13 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

F32I67514

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

Annotations:
Commencement Information
I675

Sch. 12 para. 14 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

F32I67615

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

Annotations:
Commencement Information
I676

Sch. 12 para. 15 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

SCHEDULE 13Regulation of child minding and day care

Section 152

I1061Consent to checks on suitability

In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted—

5A

Where, for the purposes of determining a person’s qualification for registration under this Part—

a

the registration authority requests any person (“A”) to consent to the disclosure to the authority by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and

b

A does not give his consent (or withdraws it after having given it),

the registration authority may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.

Annotations:
Commencement Information
I106

Sch. 13 para. 1 wholly in force at 19.12.2002; Sch. 13 para. 1 not in force at Royal Assent, see s. 216; Sch. 13 para. 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.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I1072Suspension of registration

In section 79H of that Act (suspension of registration), after subsection (2) there is inserted—

3

A person registered under this Part for child minding by the Chief Inspector shall not act as a child minder in England at a time when that registration is suspended in accordance with regulations under this section.

4

A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.

5

A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.

6

If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations:
Commencement Information
I107

Sch. 13 para. 2 wholly in force at 19.12.2002; Sch. 13 para. 2 not in force at Royal Assent, see s. 216; Sch. 13 para. 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.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I1083Rights of appeal in relation to registration

1

Section 79M of that Act (appeals) is amended as follows.

2

In subsection (1), after paragraph (b) there is inserted

or

c

a determination made by the registration authority under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,

3

In subsection (2)(a), after “order” there is inserted “ or determination ”.

Annotations:
Commencement Information
I108

Sch. 13 para. 3 wholly in force at 19.12.2002; Sch. 13 para. 3 not in force at Royal Assent, see s. 216; Sch. 13 para. 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.) and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I109I7004Inspections by Chief Inspector

1

Section 79Q of that Act (inspection of childminding and day care) is amended as follows.

2

In subsection (2), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person ”.

3

In subsection (3), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England ”.

I1105Rights of entry etc.

1

Section 79U of that Act (rights of entry etc.) is amended as follows.

2

In subsection (1), for “An authorised inspector” there is substituted “ Any person authorised for the purposes of this subsection by the registration authority ”.

3

In subsection (2), for “an authorised inspector” there is substituted “ a person who is authorised for the purposes of this subsection by the registration authority ”.

4

After that subsection there is inserted—

2A

Authorisation under subsection (1) or (2)—

a

may be given for a particular occasion or period;

b

may be given subject to conditions.

5

In subsection (3), for the words from “An inspector” to “may-” there is substituted “ A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— ”.

6

Subsection (5) shall cease to have effect.

7

In subsection (9), the definition of “authorised inspector” shall cease to have effect.

Annotations:
Commencement Information
I110

Sch. 13 para. 5 wholly in force at 19.12.2002; Sch. 13 para. 5 not in force at Royal Assent, see s. 216; Sch. 13 para. 5 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4; Sch. 13 para. 5 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I1116Disqualification for registration

In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted—

3A

Regulations under this paragraph may provide for a person not to be disqualified for registration by reason of any fact which would otherwise cause him to be disqualified if—

a

he has disclosed the fact to the registration authority, and

b

the registration authority has consented in writing to his registration and has not withdrawn that consent.

Annotations:
Commencement Information
I111

Sch. 13 para. 6 wholly in force at 19.12.2002; Sch. 13 para. 6 not in force at Royal Assent, see s. 216; Sch. 13 para. 6 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

F337Disclosure of criminal record

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

F348

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

SCHEDULE 14Inspection of nursery education

Section 155

F491Conduct of inspections by Inspectorate

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

I112I5552Registration of inspectors

1

Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.

2

In sub-paragraph (3), for “(5)(c)” there is substituted “ (5B) ”.

3

For sub-paragraphs (4) and (5) there is substituted—

4

Subject to that, the Chief Inspector shall register such persons as he considers appropriate.

5

The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales.

5A

The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4).

5B

Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose.

4

In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “ (5B) ”.

5

Sub-paragraph (9) shall cease to have effect.

Annotations:
Commencement Information
I112

Sch. 14 para. 2 not in force at Royal Assent, see s. 216; Sch. 14 para. 2 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I555

Sch. 14 para. 2 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I113I5563

In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “ paragraph 8(5B) ”.

Annotations:
Commencement Information
I113

Sch. 14 para. 3 not in force at Royal Assent, see s. 216; Sch. 14 para. 3 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I556

Sch. 14 para. 3 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I114I5574

In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “ to (8) ”.

Annotations:
Commencement Information
I114

Sch. 14 para. 4 not in force at Royal Assent, see s. 216; Sch. 14 para. 4 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I557

Sch. 14 para. 4 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

F375Appeals

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

F376

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

F377

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

SCHEDULE 15Education action zones

Section 187

I7011I115Introductory

Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.

I7022I116Establishment of education action zones

1

In section 10, in subsection (1) for “maintained schools” there is substituted “ eligible schools ”.

I4182

After that subsection there is inserted—

1A

For the purposes of subsection (1) “eligible school” means—

a

a maintained school;

b

a nursery school;

c

a pupil referral unit; or

d

an independent school.

3

Subsection (3) of that section is omitted.

4

In subsection (4) of that section, for “, (2) or (3)” there is substituted “ or (2) ”.

5

In subsection (6) of that section, for paragraphs (a) and (b) there is substituted—

a

references to a governing body—

i

in relation to an independent school (other than an Academy, city technology college or city college for the technology of the arts), are to the proprietor of the school, and

ii

in relation to a new school, include the temporary governing body of the school;

b

“participating school”, in relation to an education action zone, means one of the schools that—

i

for the time being is included in the order under subsection (1), or

ii

has been added to the zone by virtue of section 11B,

other than a school that has been removed from the zone in accordance with section 11C;

c

“pupil referral unit” has the same meaning as in section 19 of the Education Act 1996 (c. 56);

d

“new school” has the meaning given in section 72(3).

6

Subsection (7) of that section is omitted.

Annotations:
Commencement Information
I702

Sch. 15 para. 2 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

I116

Sch. 15 para. 2 in force (except for the words "(b) a nursery school") at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I418

Sch. 15 para. 2(2) 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

I7033I117Constitution of Education Action Forum

In section 11, the following provisions are omitted—

a

in subsection (2) the words from “and” to the end, and

b

subsection (3).

I118I7044

After that section there is inserted—

11A Constitution of Education Action Forum

1

The members of an Education Action Forum must include—

a

one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and

b

one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.

2

Subject to that, an Education Action Forum—

a

shall initially be constituted in accordance with the order under section 10(1), and

b

may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).

3

In subsection (2) the references to altering the Forum’s membership include—

a

altering the number of members, and

b

altering who may appoint members.

4

An alteration may be made under subsection (2)(b) only if it is made—

a

in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

b

with the consent of the Secretary of State.

I7055I119Expansion or reduction of zone

After section 11A (inserted by paragraph 4) there is inserted—

11B Expansion of zone

1

An Education Action Forum established for an education action zone may add—

a

any eligible school (within the meaning of section 10(1A)), or

b

any new school which has a temporary governing body,

to the zone.

2

But a school may be added under this section only if it is added—

a

in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

b

with the consent of the governing body of the school and of the Secretary of State.

3

For the purposes of this section references to a school being added to an education action zone are to it becoming one of the schools which constitute collectively the zone.

11C Removal from zone

1

An Education Action Forum established for an education action zone may remove a participating school from the zone.

2

But a school may be removed under this section only if it is removed—

a

in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and

b

with the consent of the Secretary of State.

3

For the purposes of this section references to a school being removed from an education action zone are to it ceasing to be one of the schools which constitute collectively the zone.

I7066I120Information relating to changes to zone or Forum

After section 11C (inserted by paragraph 5) there is inserted—

11D Information relating to a Forum and its zone

1

An Education Action Forum established for an education action zone must provide the Secretary of State with details of—

a

any alteration made to its constitution under section 11A(2)(b),

b

any addition of a school to the zone under section 11B, and

c

any removal of a school from the zone under section 11C.

2

The Forum must also, on a request being made by any person, provide him with—

a

the name of each member of the Forum and of the person or body that appointed him,

b

the name of any other person or body entitled to appoint a member, and

c

the name of each participating school in relation to the zone.

3

But the duty under subsection (2) is subject, in such circumstances as the Forum may determine, to the payment by the person concerned of a reasonable fee determined by the Forum.

I7077I121Functions of Education Action Forum

After section 12(1) there is inserted—

1A

With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.

I7088I122Transitional provision

1

Any provision of an order under section 10 of the School Standards and Framework Act 1998 (c. 31) having effect immediately before the commencement of this Schedule which requires the Forum to include one or two persons appointed by the Secretary of State shall be read as if it were a provision having the same effect as section 11A(1)(b) of that Act.

2

Any order under subsection (3) of section 10 of that Act which has effect immediately before the commencement of this Schedule shall continue to have effect on or after that time notwithstanding the repeal by this Act of that subsection.

3

Until such time as section 67 of this Act comes into force, the reference in section 10(6)(a)(i) of the School Standards and Framework Act 1998 (c. 31) to an Academy shall be read as a reference to a city academy.

4

Where before the commencement of this Schedule—

a

an education action zone has been established by an order under section 10(1) of that Act, and

b

the membership of the Forum set out in that order has been altered by virtue of section 14 of the Interpretation Act 1978 (c. 30),

the powers to alter the Forum’s membership conferred by section 11A of the School Standards and Framework Act 1998 are powers to alter the membership as so amended.

SCHEDULE 16

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

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

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

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

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

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

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

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

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

SCHEDULE 17Amendments of Part 5 of Education Act 1997

Section 189

F282...

Annotations:
Amendments (Textual)
F282

Sch. 17 paras. 1-4 and cross-heading repealed (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a)

F282F2841

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

F282F2842

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

F282F2843

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

F282F2844

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

The Qualifications, Curriculum and Assessment Authority for Wales

I1235

1

Section 29 of the Education Act 1997 (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows.

2

In subsection (1) for the words from “with respect to” to the end there is substituted

with respect to—

a

pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

b

pupils at maintained nursery schools in Wales, and

c

children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

3

In subsection (2)—

a

in paragraph (a), for “such schools” there is substituted “ maintained schools or maintained nursery schools ”, and

b

paragraph (f) and the word “and” immediately preceding it are omitted.

4

After subsection (2) there is inserted—

2A

In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

5

Subsections (3) and (4) are omitted.

F2866

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

6

In any order made before the commencement of this paragraph under section 30(1) of the Education Act 1997 (c. 44) (power to confer functions on Qualifications, Curriculum and Assessment Authority for Wales) any reference to functions falling within paragraph (f) of section 24(2) of that Act is to be taken to be a reference to those functions as extended by virtue of paragraph 2 of this Schedule.

7

1

Section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) is amended as follows.

2

In subsection (3), the words “or approve” and the words “and subject to such conditions” are omitted.

3

After that subsection there is inserted—

3A

Where in carrying out those functions the Authority accredit any qualification, they may, at the time of accreditation or later, impose such conditions on accreditation or continued accreditation as they may determine.

4

In subsection (4), for paragraph (b) there is substituted—

b

requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority—

i

to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation, or

ii

to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.

F4848

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

F250F250...

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

SCHEDULE 18Special Educational Needs Tribunal for Wales

Section 195

I2411Special Educational Needs

The Education Act 1996 (c. 56) is amended as follows.

I3692

In section 313 (code of practice), for subsection (5) there is substituted—

5

In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—

a

where the F266local authority concerned is in England, the Special Educational Needs and Disability Tribunal,

b

where the F266local authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.

I3703

In section 326A (unopposed appeals), for subsection (6) there is substituted—

6

In this section, “prescribed” means prescribed by regulations made—

a

in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State,

b

in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales.

F1384

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

F1395

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

I3716

In section 336A, for subsection (2) there is substituted—

2

In subsection (1), “prescribed” means prescribed by regulations made—

a

as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State,

b

as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State.

F2787Disability Discrimination

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

F2788

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

F2789

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

F27810

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

F27811

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

F27812

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

I24213

Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c. 56).

I24314Consequential amendments

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place—

President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.

I24415

In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B—

a

the existing entry becomes sub-paragraph (a), and

b

after that sub-paragraph there is inserted—

b

the Special Educational Needs Tribunal for Wales.

I37216

In section 42 of the Special Educational Needs and Disability Act 2001 (c. 10), subsection (2) (National Assembly for Wales and functions under section 336 of the Education Act 1996 (c. 56)) is omitted.

I37317Saving and transitional provision

The amendments made by any provision of this Schedule do not affect—

a

appeals instituted under Part 4 of the Education Act 1996, or

b

claims made under section 28I of the Special Educational Needs and Disability Act 2001,

before the coming into force of that provision.

I37418

Regulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.

SCHEDULE 19Transport for persons over compulsory school age

Section 199

I124I204I4751

The Education Act 1996 is amended as follows.

F1472

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

I125I205I4763

After section 509 there is inserted—

509AA Provision of transport etc. for persons of sixth form age

1

A F266local authority shall prepare for each academic year a transport policy statement complying with the requirements of this section.

2

The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training—

a

at schools,

b

at any institution maintained or assisted by the authority which provides further education or higher education (or both),

c

at any institution within the further education sector, or

d

at any establishment (not falling within paragraph (b) or (c)) which is supported by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

3

The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

4

The statement shall specify the arrangements proposed to be made by the governing bodies of—

a

schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

b

institutions within the further education sector in the authority’s area,

for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.

5

Those governing bodies shall co-operate in giving the F266local authority any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.

6

The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area.

7

The authority shall—

a

publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and

b

make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).

8

Nothing in this section prevents a F266local authority from making, at any time in an academic year, arrangements—

a

which are not specified in the transport policy statement published by the authority for that year, but

b

which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).

9

The Secretary of State may, if he considers it expedient to do so, direct a F266local authority to make for any academic year—

a

arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or

b

arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,

which have not been specified in the transport policy statement published by the authority for that academic year.

10

The Secretary of State may by order amend subsection (7)(a) by substituting a different date for 31st May.

Annotations:
Commencement Information
I125

Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 20.1.2003 by S.I. 2002/2953, art. 2

I205

Sch. 19 para. 3 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I476

Sch. 19 para. 3 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I126I206I4774

After section 509AA there is inserted—

509AB Further provision about transport policy statements

1

A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties.

2

A statement prepared under that section shall—

a

specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the F266local authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

b

specify arrangements for persons with learning difficulties receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties attending such schools.

3

In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the F266local authority shall have regard (amongst other things) to—

a

the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

b

the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

c

the distance from the homes of persons of sixth form age in their area of establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

d

the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

4

In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a F266local authority shall have regard (amongst other things)—

a

to the nature of the route, or alternative routes, which he could reasonably be expected to take; and

b

to any wish of his parent for him to be provided with education or training at a school, institution or other establishment in which the religious education provided is that of the religion or denomination to which his parent adheres.

5

In preparing a statement under section 509AA a F266local authority shall have regard to any guidance issued by the Secretary of State under this section.

6

In preparing a statement under that section a F266local authority shall consult—

a

any other F266local authority that they consider it appropriate to consult,

b

the governing bodies mentioned in subsection (4) of that section,

c

the Learning and Skills Council for England (in the case of a F266local authority in England) or the National Council for Education and Training for Wales (in the case of a F266local authority in Wales), and

d

any other person specified by the Secretary of State for the purposes of this section.

7

In preparing a statement under that section a F266local authority shall also consult—

a

where they are the F266local authority for a district in a metropolitan county, the Passenger Transport Authority for that county, and

b

where they are the F266local authority for a London borough or the City of London, Transport for London.

Annotations:
Commencement Information
I126

Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 30.1.2003 by S.I. 2002/2952, art. 2

I206

Sch. 19 para. 4 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I477

Sch. 19 para. 4 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I127I207I4785

After section 509AB there is inserted—

509AC Interpretation of sections 509AA and 509AB

1

For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but—

a

is under the age of 19, or

b

has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.

2

References in section 509AA to an establishment supported by the Learning and Skills Council for England are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 5(2) of the Learning and Skills Act 2000.

3

References in section 509AA to an establishment supported by the National Council for Education and Training for Wales are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 34(2) of the Learning and Skills Act 2000.

4

References in section 509AB to persons with learning difficulties are to be construed in accordance with section 13(5) and (6) of the Learning and Skills Act 2000.

5

In sections 509AA and 509AB and this section—

  • “academic year” means any period commencing with 1st August and ending with the next 31st July;

  • “disabled person” has the same meaning as in the Disability Discrimination Act 1995;

  • “establishment” means an establishment of any kind, including a school or institution;

  • “governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992.

6

The Secretary of State may by order amend the definition of “academic year” in subsection (5).

Annotations:
Commencement Information
I127

Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 30.1.2003 by S.I. 2002/2952, art. 2

I207

Sch. 19 para. 5 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I478

Sch. 19 para. 5 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I128I208I4796

In section 509A (travel arrangements for children receiving nursery education otherwise than at school), after subsection (4) there is inserted—

4A

Regulations may require a F266local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.

Annotations:
Commencement Information
I128

Sch. 19 partly in force; Sch. 19 not in force at Royal Assent, see s. 216; Sch. 19 in force for E. at 30.1.2003 by S.I. 2002/2952, art. 2

I208

Sch. 19 para. 6 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2

I479

Sch. 19 para. 6 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

SCHEDULE 20Nuisance or disturbance on educational premises

Section 206

I129I4801

1

Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a F266local authority) is amended in accordance with sub-paragraphs (2) to (6).

2

In subsection (2), after paragraph (a) there is inserted—

aa

any special school not so maintained, and

ab

any independent school.

3

After that subsection there is inserted—

2A

This section also applies to any premises which are—

a

provided by a F266local authority under section 508, and

b

used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.

4

In subsection (3)(b) for “a F266local authority have” there is substituted “ the appropriate authority has ”.

5

For subsection (4) there is substituted—

4

In subsection (3) “the appropriate authority” means—

a

in relation to premises of a foundation, voluntary aided or foundation special school, a F266local authority or the governing body,

b

in relation to—

i

premises of any other school maintained by a F266local authority, and

ii

premises provided by a F266local authority as mentioned in subsection (2A),

a F266local authority, and

c

in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school.

6

For subsections (6) and (7) there is substituted—

6

No proceedings for an offence under this section shall be brought by any person other than—

a

a police constable, or

b

an authorised person.

7

In subsection (6) “authorised person” means—

a

in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a F266local authority or a person whom the governing body have authorised to bring such proceedings,

b

in relation to an offence committed—

i

on premises of any other school maintained by a F266local authority, or

ii

on premises provided by a F266local authority as mentioned in subsection (2A),

a F266local authority, and

c

in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.

Annotations:
Commencement Information
I129

Sch. 20 partly in force; Sch. 20 not in force at Royal Assent, see s. 216; Sch. 20 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I480

Sch. 20 para. 1 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I130I4812

After section 85 of the Further and Higher Education Act 1992 (c. 13) there is inserted—

85A Nuisance or disturbance on educational premises

1

Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

2

This section applies to premises, including playing fields and other premises for outdoor recreation, of—

a

any institution (other than a school) which is maintained by a F266local authority and provides further education or higher education (or both), and

b

any institution within the further education sector.

3

If—

a

a police constable, or

b

a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

4

In subsection (3) “the appropriate authority” means—

a

in relation to premises of an institution such as is mentioned in subsection (2)(a), a F266local authority, and

b

in relation to premises of an institution within the further education sector, the governing body.

5

No proceedings under this section shall be brought by any person other than—

a

a police constable, or

b

an authorised person.

6

In subsection (5) “authorised person” means—

a

in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a F266local authority, and

b

in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings.

Annotations:
Commencement Information
I130

Sch. 20 partly in force; Sch. 20 not in force at Royal Assent, see s. 216; Sch. 20 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I481

Sch. 20 para. 2 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

SCHEDULE 21Minor and consequential amendments

Section 215(1)

I131I528I5691Local Government Act 1972 (c. 70)

In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176 of that Act) for subsection (1A) there is substituted—

1A

Subsection (1) has effect without prejudice to the operation of—

a

regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels);

b

paragraph 3 of Schedule 4 to that Act (allowances for school organisation committees); and

c

regulations made by virtue of section 52(6) of the Education Act 2002 (allowances for exclusion appeal panels).

Annotations:
Commencement Information
I131

Sch. 21 para. 1 partly in force; Sch. 21 para. 1 not in force at Royal Assent, see s. 216; Sch. 21 para. 1 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch.)

I528

Sch. 21 para. 1 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I569

Sch. 21 para. 1 in force at 31.5.2005 for W. in so far as not already in force by S.I. 2005/1395, art. 4, Sch.

I1322Local Government Act 1974 (c. 7)

In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—

I570a

for paragraph (c) there is substituted—

c

an admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of that Act,

and

I529b

at the end of paragraph (d) there is inserted

and

e

an exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002.

F281F281...

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

I133I4824Public Passenger Vehicles Act 1981 (c. 14)

In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—

“free school transport” means transport provided by a F266local authority free of charge—

a

in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or

b

otherwise, in the exercise of any function of the authority,

for the purpose of facilitating the attendance of persons receiving education or training at any premises;

Annotations:
Commencement Information
I133

Sch. 21 para. 4 partly in force; Sch. 21 para. 4 not in force at Royal Assent, see s. 216; Sch. 21 para. 4 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in art. 3, Sch.)

I482

Sch. 21 para. 4 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I677I7095Education (Fees and Awards) Act 1983 (c. 40)

In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.

I678I7106Building Act 1984 (c. 55)

In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—

ii

particulars submitted and approved under regulations made under section 544 of the Education Act 1996,

I276I7117Education Act 1986 (c. 40)

In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “ that body ”.

I1348Education Reform Act 1988 (c. 40)

In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.

Annotations:
Commencement Information
I134

Sch. 21 para. 8 wholly in force at 19.12.2002; Sch. 21 para. 8 not in force at Royal Assent, see s. 216; Sch. 21 para. 8 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 8 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I135I245I3049Children Act 1989 (c. 14)

In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—

b

he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;

I679I71210Environmental Protection Act 1990 (c. 43)

In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.

I13611Further and Higher Education Act 1992 (c. 13)

In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.

Annotations:
Commencement Information
I136

Sch. 21 para. 11 wholly in force at 19.12.2002; Sch. 21 para. 11 not in force at Royal Assent, see s. 216; Sch. 21 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 11 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I419I58112

In section 21 of the Further and Higher Education Act 1992 (initial instruments and articles), in subsection (3), for “Chapter III of Part II of the School Standards and Framework Act 1998” there is substituted “ section 19 of the Education Act 2002 ”.

I13713

Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by F267local authorities: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.

Annotations:
Commencement Information
I137

Sch. 21 para. 13 wholly in force at 19.12.2002; Sch. 21 para. 13 not in force at Royal Assent, see s. 216; Sch. 21 para. 13 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 16 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

14

In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.

I680I71315

In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—

a

subsection (1)(b) and the word “or” immediately preceding it,

b

subsection (8)(a), and

c

subsection (9).

I13816

Sections 39 to 42 of the Further and Higher Education Act 1992 (restrictions on powers of local authorities to dispose of land etc. in period before institution becomes institution within the further education sector) shall cease to have effect.

Annotations:
Commencement Information
I138

Sch. 21 para. 16 wholly in force at 19.12.2002; Sch. 21 para. 16 not in force at Royal Assent, see s. 216; Sch. 21 para. 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 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

F25117

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

18

Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.

I13919

1

Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.

2

In subsection (1)—

a

for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ persons of compulsory school age ”, and

b

in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “ by virtue of section 18(1)(aa) or (ab) of this Act ”.

3

In subsection (2) for “such pupils” there is substituted “ persons of compulsory school age ”.

Annotations:
Commencement Information
I139

Sch. 21 para. 19 wholly in force at 19.12.2002; Sch. 21 para. 19 not in force at Royal Assent, see s. 216; Sch. 21 para. 19 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 19 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I14020

In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “ any enactment ”.

Annotations:
Commencement Information
I140

Sch. 21 para. 20 wholly in force at 19.12.2002; Sch. 21 para. 20 not in force at Royal Assent, see s. 216; Sch. 21 para. 20 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 20 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I14121

Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.

Annotations:
Commencement Information
I141

Sch. 21 para. 21 wholly in force at 19.12.2002; Sch. 21 para. 21 not in force at Royal Assent, see s. 216; Sch. 21 para. 21 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 31 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I142I530I57122Tribunals and Inquiries Act 1992 (c. 53)

In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (F369tribunals to which that Act applies) for paragraphs (b) and (c) there is substituted—

b

exclusion appeal panels constituted in accordance with regulations under section 52 of the Education Act 2002;

c

admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;

I420I58223Education Act 1994 (c. 30)

In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.

I34424

In section 14 of the Education Act 1994 (qualification of teachers, etc.), subsections (1), (3) and (4) are omitted.

Annotations:
Commencement Information
I344

Sch. 21 para. 24 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

F20I58325

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

F27926F279...

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

F27927

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

F27928

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

F27929

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

I421I64730Employment Rights Act 1996 (c. 18)

In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools) for “section 55(5) of the School Standards and Framework Act 1998” there is substituted “ paragraph 7 of Schedule 2 to the Education Act 2002 ”.

I14331

In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “ governing bodies ”.

Annotations:
Commencement Information
I143

Sch. 21 para. 31 wholly in force at 19.12.2002; Sch. 21 para. 31 not in force at Royal Assent, see s. 216; Sch. 21 para. 31 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 31 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I14432

In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “ governing body ”.

Annotations:
Commencement Information
I144

Sch. 21 para. 32 wholly in force at 19.12.2002; Sch. 21 para. 32 not in force at Royal Assent, see s. 216; Sch. 21 para. 32 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 32 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I14533Education Act 1996 (c. 56)

In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “ or (2A) ”.

Annotations:
Commencement Information
I145

Sch. 21 para. 33 wholly in force at 19.12.2002; Sch. 21 para. 33 not in force at Royal Assent, see s. 216; Sch. 21 para. 33 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 33 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I146I48334

1

Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.

2

After subsection (1) there is inserted—

1A

A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).

3

In subsection (3) for “Subsection (1) also applies” there is substituted “ Subsections (1) and (1A) also apply ”.

Annotations:
Commencement Information
I146

Sch. 21 para. 34 partly in force; Sch. 21 para. 34 not in force at Royal Assent, see s. 216; Sch. 21 para. 34 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I483

Sch. 21 para. 34 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I422I58435

In section 29 of the Education Act 1996 (provision of information by F267local authorities ), subsection (6) is omitted.

I423I58536

In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “ and maintained nursery schools ”.

I424I58637

In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “ and maintained nursery schools ”.

I425I58738

In section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—

a

in paragraph (a), after “maintained school” there is inserted “ or maintained nursery school ”, and

b

in paragraph (b), the words “a maintained nursery school or” are omitted.

I14739

I426I5581

Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.

I426I5732

In subsection (1), for the words from the beginning to “shall” there is substituted “ The governing body of a community, foundation or voluntary school or a maintained nursery school shall ”.

I426I5733

For subsection (2) there is substituted—

2

In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).

I426I5734

In subsection (3)—

a

in paragraph (a), after “voluntary schools” there is inserted “ and maintained nursery schools ”, and

b

paragraph (b) and the word “and” preceding it are omitted.

F215

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

I427I58840

In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i) after “school” there is inserted “ or a maintained nursery school ”.

I428I58941

1

Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.

2

In subsection (1), after “voluntary schools” there is inserted “ or maintained nursery schools ”.

3

In subsection (2), after “voluntary schools” there is inserted “ , maintained nursery schools ”.

I429I59042

In section 321 of the Education Act 1996 (general duty of F266local authority towards children for whom they are responsible), in subsection (3), in paragraphs (a) and (b), after “maintained school” there is inserted “ or maintained nursery school ”.

I430I59143

In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “ or maintained nursery school ”.

I431I59244

In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.

I148I21645

In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—

aa

“assessment arrangements” and “fourth key stage”—

i

in relation to a school maintained by a F266local authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

ii

in relation to a school maintained by a F266local authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and

Annotations:
Commencement Information
I148

Sch. 21 para. 45 partly in force; Sch. 21 para. 45 not in force at Royal Assent, see s. 216; Sch. 21 para. 45 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 45 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I216

Sch. 21 para. 45 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I14946

1

Section 408 of the Education Act 1996 (provision of information) is amended as follows.

2

In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “ or the relevant provisions of the Education Act 2002 ”.

3

Subsection (4)(a) is omitted.

4I217

After subsection (4) there is inserted—

4A

For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

a

Part 6 (the curriculum in England), and

b

sections 97 to 117 (the curriculum in Wales).

5I217

In subsection (6) for “this Part” there is substituted “ Part 6 or 7 of the Education Act 2002 ”.

I432I7376

After subsection (8) there is inserted—

9

In this section “maintained school” includes a maintained nursery school.

Annotations:
Commencement Information
I149

Sch. 21 para. 46 partly in force; Sch. 21 para. 46 not in force at Royal Assent, see s. 216; Sch. 21 para. 46(1)-(3) in force for E. and Sch. 21 para. 46(4)(5) in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 46(1)-(5) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I217

Sch. 21 para. 46(4)(5) in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I432

Sch. 21 para. 46(6) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I737

Sch. 21 para. 46(6) in force at 1.8.2008 for W. by S.I. 2008/1728, art. 3, Sch. Pt. 2

I15047

1

Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.

2

In subsection (1), the words “with the approval of the Secretary of State and” are omitted.

I4333

In subsection (2), after “by the authority” there is inserted “ , any maintained nursery school so maintained ”.

4

In subsection (3), before the “and” at the end of paragraph (a) there is inserted—

aa

any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),

Annotations:
Commencement Information
I150

Sch. 21 para. 47 partly in force; Sch. 21 para. 47 not in force at Royal Assent, see s. 216; Sch. 21 para. 47(1)(2)(4) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I433

Sch. 21 para. 47(3) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I151I21848

1

Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.

2

In subsection (3)(b) for “section 357(1) (implementation of National Curriculum)” there is substituted “ section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales) ”.

3

In subsection (4)(b) for “section 357(1)” there is substituted “ section 88 or 109 of the Education Act 2002 ”.

Annotations:
Commencement Information
I151

Sch. 21 para. 48 partly in force; Sch. 21 para. 48 not in force at Royal Assent, see s. 216; Sch. 21 para. 48 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 48 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I218

Sch. 21 para. 48 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I152I246I27749

1

Section 484 of the Education Act 1996 (education standards grants) is amended as follows.

2

For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.

3

In subsection (1), after “ F267local authorities ” there is inserted “ in Wales ”.

4

In subsection (2) the words “England and” are omitted.

5

Subsection (6) is omitted.

I485I59350

In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—

9

In subsections (6) and (8)—

a

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and

b

“parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).

F14851

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

I434I59452

In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—

“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;

“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;

F89I153I27853

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

F53I154I247I30554

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

I681I71455

In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.

I32656

In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers’ Pay and Conditions Act 1991 is omitted.

Annotations:
Commencement Information
I326

Sch. 21 para. 56 in force at 1.8.2003 by S.I. 2003/1667, art. 2

I15557

In section 579(1) of the Education Act 1996 (general interpretation)—

I435I595a

after the definition of “local government elector” there is inserted—

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

b

after the definition of “modifications” there is inserted—

“the National Curriculum” (without more) means—

a

in relation to England, the National Curriculum for England, and

b

in relation to Wales, the National Curriculum for Wales;

and

c

after the definition of “regulations” there is inserted—

“sex education” includes education about—

a

Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

b

any other sexually transmitted disease;

Annotations:
Commencement Information
I155

Sch. 21 para. 57 partly in force; Sch. 21 para. 57 not in force at Royal Assent, see s. 216; Sch. 21 para. 57(b)(c) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 57 (except sub-para. (a)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I435

Sch. 21 para. 57(a) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I595

Sch. 21 para. 57(a) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I436I59658

In Schedule 27 to the Education Act 1996—

a

in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “ or maintained nursery school ”, and

b

in paragraph 8(1)(a), after “maintained school” there is inserted “ or maintained nursery school ”.

F3859School Inspections Act 1996 (c. 57)

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

F3860

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

F3861

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

F3862

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

F3863

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

F3864

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

F3865

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

F3866

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

F3867

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

F3868

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

I156I71569Education Act 1997 (c. 44)

F285In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 78 of the Education Act 2002 ”.

I157I21970

In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 99 of the Education Act 2002 ”.

Annotations:
Commencement Information
I157

Sch. 21 para. 70 partly in force; Sch. 21 para. 70 not in force at Royal Assent, see s. 216; Sch. 21 para. 70 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I219

Sch. 21 para. 70 in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I158I248I306I71671

Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.

F3572Police Act 1997 (c. 50)

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

F3673

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

I159I34574Teaching and Higher Education Act 1998 (c. 30)

In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.

Annotations:
Commencement Information
I159

Sch. 21 para. 74 partly in force; Sch. 21 para. 74 not in force at Royal Assent, see s. 216; Sch. 21 para. 74 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I345

Sch. 21 para. 74 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I160I249I30775

F154In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted “ under section 142 of the Education Act 2002 (prohibition from teaching, &c.) ”.

I16176

In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—

I346a

the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and

I250I308b

F155for paragraph (a) there is substituted—

a

subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),

I162I251I30977

In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—

a

a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),

I163I34778

In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “ the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status) ”.

Annotations:
Commencement Information
I163

Sch. 21 para. 78 partly in force; Sch. 21 para. 78 not in force at Royal Assent, see s. 216; Sch. 21 para. 78 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I347

Sch. 21 para. 78 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I682I71779

Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.

I348I71880

Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.

I164I34981

In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers’ salaries of fees for registration with General Teaching Council)—

a

for subsection (2)(b) there is substituted—

b

required to be registered in the register by virtue of section 134 of the Education Act 2002

and

b

in subsection (4), for the definition of “schools” there is substituted—

“school” means a school maintained by a F266local authority or a special school not so maintained

Annotations:
Commencement Information
I164

Sch. 21 para. 81 partly in force; Sch. 21 para. 81 not in force at Royal Assent, see s. 216; Sch. 21 para. 81 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I349

Sch. 21 para. 81 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I350I71982

Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.

I165I295I29683

For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—

15 Supply of information following dismissal, resignation, &c.

1

This section applies where a relevant employer—

a

has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or

b

might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services.

2

In the case of a person who was providing services to a relevant employer in England, the employer shall provide prescribed information to such of the following as may be prescribed—

a

the Secretary of State, and

b

where the person is a registered teacher, the Council.

3

In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed—

a

the National Assembly for Wales, and

b

where the person is a registered teacher, the General Teaching Council for Wales.

4

For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d).

5

In this section—

  • “relevant employer” has the meaning given by section 142 of the Education Act 2002, and

  • “services” includes professional and voluntary services.

15A Supply of information by contractor, agency, &c.

1

This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).

2

Subsections (3) and (4) apply where an agent—

a

has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,

b

might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or

c

might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.

3

In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—

a

the Secretary of State, and

b

where the person is a registered teacher, the Council.

4

In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—

a

the National Assembly for Wales, and

b

where the person is a registered teacher, the General Teaching Council for Wales.

5

If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.

6

If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.

7

A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.

8

A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.

9

Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.

Annotations:
Commencement Information
I165

Sch. 21 para. 83 partly in force; Sch. 21 para. 83 not in force at Royal Assent, see. s. 216; Sch. 21 para. 83 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I295

I296

Sch. 21 para. 83 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

I492I72084

Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.

I16685

In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—

a

in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “ section 131 of the Education Act 2002 ”,

I252I279b

in subsection (8), after “ F267local authorities ” there is inserted “ in Wales ”, and

I351c

for subsection (10)(b) there is substituted—

b

“relevant school” means a school maintained by a F266local authority or a special school not so maintained,

I167I253I31086

1

Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.

2

F156In paragraph 1(4) for the words from “of any powers” to the end there is substituted

of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 —

a

on the grounds that a person is unsuitable to work with children, or

b

on grounds relating to a person’s misconduct or health.

3

Paragraph 1(5) is omitted.

I168I35287School Standards and Framework Act 1998 (c. 31)

In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “ school teacher ”.

Annotations:
Commencement Information
I168

Sch. 21 para. 87 partly in force; Sch. 21 para. 87 not in force at Royal Assent, see s. 216; Sch. 21 para. 87 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I352

Sch. 21 para. 87 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I169I35388

In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—

“school teacher” means a person who is a school teacher for the purposes of section 122 of the Education Act 2002 (determination of school teachers’ pay and conditions)

Annotations:
Commencement Information
I169

Sch. 21 para. 88 partly in force; Sch. 21 para. 88 not in force at Royal Assent, see s. 216; Sch. 21 para. 88 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I353

Sch. 21 para. 88 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I28089

In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.

Annotations:
Commencement Information
I280

Sch. 21 para. 89 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I437I72190

In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “ under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections, ”.

I17091

Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers’ pay and conditions order) shall cease to have effect.

Annotations:
Commencement Information
I170

Sch. 21 para. 91 partly in force; Sch. 21 para. 91 not in force at Royal Assent, see s. 216; Sch. 21 para. 91 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

F391I438I59792

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

F391I439I59893

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

F391I440I59994

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

I171I28195

In section 20 of the School Standards and Framework Act 1998 (new categories of maintained schools), in subsection (2)(b), for “section 28 or 31” there is substituted “ any enactment ”.

Annotations:
Commencement Information
I171

Sch. 21 para. 95 partly in force; Sch. 21 para. 95 not in force at Royal Assent, see s. 216; Sch. 21 para. 95 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I281

Sch. 21 para. 95 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I172I28296

1

Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.

2

In subsection (1)—

a

in paragraph (b), the words “under section 28 or 31” are omitted, and

b

in paragraph (c), the words “under section 28” are omitted.

3

In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “ under any enactment of providing new premises for the school ”.

4

In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “ under any enactment of providing new premises for the school ”.

Annotations:
Commencement Information
I172

Sch. 21 para. 96 partly in force; Sch. 21 para. 96 not in force at Royal Assent, see s. 216; Sch. 21 para. 96 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I282

Sch. 21 para. 96 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

F2297

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

F38398

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

I17399

I2831

Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.

I441I6162

After subsection (1) there is inserted—

1A

In this Chapter “maintained school” means—

a

a community, foundation or voluntary school,

b

a community or foundation special school, or

c

a maintained nursery school.

3

In subsection (3)—

I441I616a

in paragraph (a), for the words from “schools which” to “section 20(7)” there is substituted “ pupil referral units ”, and

I283b

in paragraph (b)(i), for the words “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.

Annotations:
Commencement Information
I173

Sch. 21 para. 99 partly in force; Sch. 21 para. 99 not in force at Royal Assent, see s. 216; Sch. 21 para. 99(1)(3) (except sub-para. (b)) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I283

Sch. 21 para. 99(1)(3)(b) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I441

Sch. 21 para. 99(2) (3)(a) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4 (with Sch. para. 5)

I616

Sch. 21 para. 99(2)(3)(a) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I174100

I4981

Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.

I4982

In subsection (4) for “local schools budget” there is substituted “ F266local authority budget or schools budget ”.

I284I5463

In subsection (6)(b), for “or paragraph 14(2) of Schedule 6” there is substituted “ , paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002 ”.

I442I600101

In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “ under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act). ”

I443I601102

In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—

8

In this section “maintained school” includes a maintained nursery school.

F406I444I602103

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

I175I220104

1

Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.

2

In subsection (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.

3

In subsection (2), for “section 352(1)(a)” there is substituted “ section 80(1)(a) or 101(1)(a) ”.

Annotations:
Commencement Information
I175

Sch. 21 para. 104 partly in force; Sch. 21 para. 104 not in force at Royal Assent, see s. 216; Sch. 21 para. 104 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 104 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I220

Sch. 21 para. 104 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I176I221105

In section 71 of the School Standards and Framework Act 1998 (exceptions and special arrangements etc.) in subsection (2)(a) for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.

Annotations:
Commencement Information
I176

Sch. 21 para. 105 partly in force; Sch. 21 para. 105 not in force at Royal Assent, see s. 216; Sch. 21 para. 105 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 105 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I221

Sch. 21 para. 105 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I285I603106

In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for “section 44” there is substituted “ section 34 of the Education Act 2002 ”.

I354I648107

In section 81 of the School Standards and Framework Act 1998 (application of employment law during financial delegation), in subsection (1) for the words from “sections” to the end there is substituted “ sections 35 to 37 of the Education Act 2002 or of regulations under those sections ”.

I177108

In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “ , the Learning and Skills Act 2000 or the Education Act 2002 ”.

Annotations:
Commencement Information
I177

Sch. 21 para. 108 wholly in force at 19.12.2002; Sch. 21 para. 108 not in force at Royal Assent, see s. 216; Sch. 21 para. 108 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

I178I286109

In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “ , and fallen to be implemented, under any enactment ”.

Annotations:
Commencement Information
I178

Sch. 21 para. 109 partly in force; Sch. 21 para. 109 not in force at Royal Assent, see s. 216; Sch. 21 para. 109 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I286

Sch. 21 para. 109 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

F407110

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

I179I722111

In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “ 45C(2), ”.

I287I445I531I617112

In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—

“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);

“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;

Annotations:
Commencement Information
I287

Sch. 21 para. 112 in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I445

Sch. 21 para. 112 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

I531

Sch. 21 para. 112 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I617

Sch. 21 para. 112 in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.

I180113

In section 143 of the School Standards and Framework Act 1998 (index)—

I532a

in the entry beginning “exclude, exclusion (in relation to the exclusion of a child from a school)” for “section 64(4)” there is substituted “ section 142(1) ”,

I446I618b

in the entry beginning “foundation governor”, for “paragraph 2 of Schedule 9” there is substituted “ section 142(1) ”,

I501c

in the entry beginning “individual schools budget”, for “section 46(2)” there is substituted “ section 45A(3) ”,

F265d

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

I355e

in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “ school teacher ”,

I618f

in the entry beginning “school opening date” for “section 44(9)” there is substituted “ section 33(6) ”, and

g

after the entry beginning “school which has selective admission arrangements” there is inserted—

schools budget (in Part 2)

section 45A(2)

I181I288114

In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “ any enactment ”.

Annotations:
Commencement Information
I181

Sch. 21 para. 114 partly in force; Sch. 21 para. 114 not in force at Royal Assent, see s. 216; Sch. 21 para. 114 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I288

Sch. 21 para. 114 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

F384115

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

F385116

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

I182I222117

1

Schedule 19 to the School Standards and Framework Act 1998 (required provision for religious education) is amended as follows.

2

In paragraph 1—

a

in sub-paragraph (1), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”, and

b

in sub-paragraph (2), for “that Act” there is substituted “ the Education Act 1996 ”.

3

In sub-paragraph 4(4), for “section 352(1)(a) of the Education Act 1996” there is substituted “ section 80(1)(a) or 101(1)(a) of the Education Act 2002 ”.

Annotations:
Commencement Information
I182

Sch. 21 para. 117 partly in force; Sch. 21 para. 117 not in force at Royal Assent, see s. 216; Sch. 21 para. 117 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 21 para. 117 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I222

Sch. 21 para. 117 in force at 1.3.2003 so far as not already in force except in relation to W. by S.I. 2003/124, art. 2

I183118

I2901

Schedule 22 to the School Standards and Framework Act 1998 (disposal of land) is amended as follows.

I2902

In paragraph 1(1)(a) (disposals of land by governing body of foundation, voluntary or foundation special school), after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”.

I2903

In paragraph 2(1)(a) (disposals of land by foundation body)—

a

after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and

F90b

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

I2904

In paragraph 3 (disposal of land by trustees)—

a

in sub-paragraph (1)(a)—

i

after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and

F91ii

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

b

in sub-paragraph (8)(b)(ii), for “section 28 or 31” there is substituted “ any enactment ”.

I2905

In paragraph 5 (discontinuance of schools)—

a

for sub-paragraph (1)(a) there is substituted—

a

proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted or determined to be implemented under any enactment, or

and

b

in sub-paragraph (4)(c) for “section 28 or 31 or paragraph 5 of Schedule 7” there is substituted “ any enactment ”.

I6046

In paragraph 7 (disposal of property held by governing body of maintained school on their dissolution), in sub-paragraph (1) for “paragraph 4 of Schedule 10” there is substituted “ paragraph 5 of Schedule 1 to the Education Act 2002 ”.

I327119

In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.

Annotations:
Commencement Information
I327

Sch. 21 para. 119 in force at 1.8.2003 by S.I. 2003/1667, art. 2

I184I254I311120Protection of Children Act 1999 (c. 14)

Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.

F157121

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

I312122

In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal)—

F158a

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

I519b

at the end there is inserted

or

“

on an appeal under section 166 of the Education Act 2002;

F159123

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

I185124Learning and Skills Act 2000 (c. 21)

I7231

Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.

I7232

In subsection (1)(a) for “local schools budget” there is substituted “ schools budget ”.

F2303

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

I499I683125

1

Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms by National Council for Education and Training for Wales) is amended as follows.

2

In subsection (1)(a) for “local schools budget” there is substituted “ schools budget ”.

F2523

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

F386126

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

I447I605127Freedom of Information Act 2000 (c. 36)

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—

52

The governing body of—

a

a maintained school, as defined by section 20(7) of the School Standards and Framework Act 1998, or

b

a maintained nursery school, as defined by section 22(9) of that Act.

I186I255I313128Criminal Justice and Court Services Act 2000 (c. 43)

F1601

Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows.

2

For subsection (4)(b) there is substituted—

b

he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c.), given on the grounds that he is unsuitable to work with children,

3

Subsection (5) is omitted.

I209I289I294I314SCHEDULE 22Repeals

Section 215(2)

Annotations:
Commencement Information
I209

Sch. 22 in force at 20.1.2003 for specified purposes except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 34)

I289

Sch. 22 in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I294

Sch. 22 in force at 6.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 5

I314

Sch. 22 in force at 1.6.2003 for specified purposes except in relation to W. by S.I. 2003/1115, art. 3

I314I328I187Part 1 Repeals coming into force in accordance with section 216(2)

Annotations:
Commencement Information
I328

Sch. 22 Pt. 1 in force at 1.8.2003 in so far as not already in force by S.I. 2003/1667, art. 2

I187

Sch. 22 Pt. 1 partly in force; Sch. 22 Pt. 1 not in force at Royal Assent, see s. 216; specified entries in Sch. 22 Pt. 1 in force at 1.10.2002 by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.)

Short title and chapter

Extent of repeal

School Teachers’ Pay and Conditions Act 1991 (c. 49).

The whole Act.

Further and Higher Education Act 1992 (c. 13).

Section 26(9).

Section 48.

Education Act 1996 (c. 56).

In section 578, the reference to the School Teachers’ Pay and Conditions Act 1991.

In Schedule 37, paragraph 101.

Education Act 1997 (c. 44).

In section 23, in subsection (2), paragraph (f) and the word “and” immediately preceding it, and subsections (3) and (4).

In section 26(3), the words “or approve” and the words “and subject to such conditions”.

School Standards and Framework Act 1998 (c. 31).

Section 13.

In Schedule 30, paragraphs 24 to 28, 44 and 214(a).

In Schedule 32, paragraph 7.

I314I375I188Part 2 Repeals coming into force in accordance with section 216(3)

Annotations:
Commencement Information
I375

Sch. 22 Pt. 2 in force at 1.9.2003 for specified purposes by S.I. 2002/3185, art. 6, Sch. Pt. III

I188

Sch. 22 Pt. 2 partly in force; Sch. 22 Pt. 2 not in force at Royal Assent, see s. 216; specified entries in Sch. 22 Pt. 2 in force at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I; further specified entries in Sch. 22 Pt. 2 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Short title and chapter

Extent of repeal

Disability Discrimination Act 1995 (c. 50).

Section 28J(4).

Education Act 1997.

In section 29, in subsection (2), paragraph (f) and the word “and” immediately preceding it, and subsections (3) and (4).

In section 32(3),the words “or approve” and the words “and subject to such conditions”.

School Standards and Framework Act 1998.

In Schedule 30, paragraph 215.

Special Educational Needs and Disability Act 2001 (c. 10).

Section 42(2).

In Schedule 8, paragraph 2.

I189I314I256I364I356I484I448I493I500I520I533I539I544I559I572I606I630I649I685I724I726I738I745Part 3Repeals coming into force in accordance with section 216(4)

Annotations:
Commencement Information
I189

Sch. 22 Pt. 3 partly in force; Sch. 22 Pt. 3 not in force at Royal Assent, see s. 216; Sch. 22 Pt. 3 in force for E. for specified purposes at 26.7.2002 by S.I. 2002/2002, art. 3; Sch. 22 Pt. 3 in force for E. for specified purposes at 2.9.2002 by S.I. 2002/2002, art. 4; Sch. 22 Pt. 3 in force for E. for specified purposes at 1.10.2002 by S.I. 2002/2439, art. 3 (with Sch.); Sch. 22 Pt. 3 in force for E. for specified purposes at 20.1.2003 by S.I. 2002/2952, art. 2 (with art. 3, Sch. paras. 2-4); Sch. 22 Pt. 3 in force for W. for specified purposes at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I (with art. 7)

I256

Sch. 22 Pt. 3 in force at 31.3.2003 for specified purposes for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I364

Sch. 22 Pt. 3 in force at 1.8.2003 for specified purposes for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

I356

Sch. 22 Pt. 3 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3 (with Sch. paras. 2, 3) (which transitional provisions in Sch. para. 2 are omitted (10.9.2005) by virtue of S.I. 2005/2570, art. 2(b))

I484

Sch. 22 Pt. 3 in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I448

Sch. 22 Pt. 3 in force at 1.9.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 4

I493

Sch. 22 Pt. 3 in force at 1.10.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 5

I500

Sch. 22 Pt. 3 in force at 4.12.2003 for specified purposes for W. by S.I. 2003/2961, art. 5, Sch. Pt. II

I520

Sch. 22 Pt. 3 in force at 1.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

I533

Sch. 22 Pt. 3 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

I539

Sch. 22 Pt. 3 in force at 31.3.2004 for specified purposes for W. by S.I. 2004/912, art. 4, Sch. Pt. 1

I544

Sch. 22 Pt. 3 in force at 1.8.2004 for specified purposes for W. by S.I. 2004/912, art. 5, Sch. Pt. 2

I559

Sch. 22 Pt. 3 in force at 1.9.2004 for specified purposes for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2

I572

Sch. 22 Pt. 3 in force at 31.5.2005 for specified purposes for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(4))

I606

Sch. 22 Pt. 3 in force at 31.10.2005 for specified purposes for W. by S.I. 2005/2910, art. 4, Sch.

I630

Sch. 22 Pt. 3 in force at 1.2.2006 for specified purposes for W. by S.I. 2006/172, art. 4, Sch.

I649

Sch. 22 Pt. 3 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/879, art. 4, Sch.

I685

Sch. 22 Pt. 3 in force at 6.11.2006 for specified purposes except in relation to W. by S.I. 2006/2895, art. 2 (with art. 3)

I724

Sch. 22 Pt. 3 in force at 2.1.2008 for specified purposes for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with Sch. Pt paras. 2, 3)

I726

Sch. 22 Pt. 3 in force at 31.3.2008 for specified purposes for W. by S.I. 2007/3611, art. 4(2), Sch. Pt. 2

I738

Sch. 22 Pt. 3 in force at 1.8.2008 for the repeal of Education Act 1996, section 410 for specified purposes for W. by S.I. 2008/1728, art. 3, Sch. Pt. 2

I745

Sch. 22 Pt. 3 in force at 1.9.2011 for specified purposes for W. by S.I. 2011/1952, art. 2(c)

Short title and chapter

Extent of repeal

Education Act 1967 (c. 3).

The whole Act, so far as unrepealed.

Local Government Act 1974 (c. 7).

Section 25(5)(b).

Sex Discrimination Act 1975 (c. 65).

In Schedule 2, paragraph 4.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30).

Section 40.

Education (Fees and Awards) Act 1983 (c. 40).

Section 1(6).

Education Act 1986 (c. 40).

Section 1(1)(b) and the word “and” immediately preceding it.

Sections 2 to 4.

Education (No. 2) Act 1986 (c. 61).

Section 49.

In section 50—

(a) in subsection (1), paragraph (b) and the word “and” immediately preceding it, and

(b) in subsection (3A), the words from “by the Secretary of State” to “teachers”.

Education Reform Act 1988 (c. 40).

Section 160.

Sections 210 and 211.

Sections 218 and 218A.

Children Act 1989 (c. 41).

In section 19, subsections (1) and (2) and in subsection (4) the words “the two authorities or, in Scotland,”.

In section 79M(1), the word “or” at the end of paragraph (a).

Section 79P(4)(d) and the preceding “and”.

In section 79U, subsection (5) and, in subsection (9), the definition of “authorised inspector”.

Environmental Protection Act 1990 (c. 43).

Section 98(2)(c)(ii).

Further and Higher Education Act 1992 (c. 13).

In section 23(4), paragraph (b) and the word “and” immediately preceding it.

In section 37, subsection (1)(b) and the word “or” immediately preceding it and subsections (8)(a) and (9).

Sections 39 to 42.

Section 60.

In Schedule 8, paragraphs 46, 47, 49, 83 and 90.

Judicial Pensions and Retirement Act 1993 (c. 8).

In Schedule 5, the reference to “Chairman of an Independent Schools Tribunal”.

In Schedule 7, paragraph 5(5)(xxvii).

Education Act 1994 (c. 30).

Section 4(4).

In section 14, subsections (1), (3) and (4).

In Schedule 2, paragraph 8(4).

Disability Discrimination Act 1995 (c. 50).

Section 28Q(12).

In Schedule 4A, in the Table in paragraph 1, paragraph 3.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50).

The whole Act so far as unrepealed.

Education Act 1996 (c. 56).

In section 2(3)(a) the words “(including vocational, social, physical and recreational training)”.

In section 4(1) the words “part-time education suitable to the requirements of junior pupils or”.

In section 5(1) the words “part-time education suitable to the requirements of junior pupils or”.

Section 29(6).

In section 316A(11)(b) the words “a maintained nursery school or”.

In section 317 subsection (3)(b) and the word “and” preceding it.

In section 318, in subsection (3A) paragraph (b) and the word “or” immediately preceding it.

In section 329A(13)(a), the words “a maintained nursery school or”.

Sections 350 to 369.

Section 408(4)(a).

In section 409(1), the words “with the approval of the Secretary of State and”.

Section 410.

Sections 464 to 478.

Section 483(3A).

Section 483A(7).

In section 484, in subsection (2) the words “England and” and subsection (6).

Sections 486 to 488.

Sections 490 to 492

Section 497A(3).

Section 509(6).

In section 509A(5)(b), sub-paragraph (ii) and the word “or” immediately preceding it.

Section 537(9) and (10).

In section 545(2)(a), the words “or section 218(7) of the Education Reform Act 1988”.

In section 548(8), in paragraph (b), sub-paragraph (ii) and the word “or” preceding that sub-paragraph, and paragraph (c).

In section 568, in subsection (2) the words “sections 468, 471(1) and 474”, in subsection (3) the words from “section 354(6)” to “401”, and subsection (4).

In section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant-Maintained Schools Act 1996.

In section 580, the entries relating to—

city academy;

city college for the technology of the arts;

city technology college;

register, registration;

registered school;

Registrar of Independent Schools.

In Schedule 1, paragraph 7.

Schedule 34.

In Schedule 37, paragraphs 13 and 55, in paragraph 65(2), paragraph (b) and the word “and” immediately preceding it, paragraph 76 and paragraph 131.

School Inspections Act 1996 (c. 57).

In section 3(3), the word “and” at the end of paragraph (a).

In section 6(3), the word “and” at the end of paragraph (a).

In section 10, subsection (3)(e) and, in subsection (4B), paragraph (f) and the preceding “or”.

In section 11(5), in paragraph (a), “(e)” and paragraph (b).

In section 15(4)(c) the words “except where the school is a maintained nursery school”.

In section 16(3), the word “and” preceding paragraph (d).

In section 20(3), paragraph (b) and the preceding “or”.

In section 21—

in subsection (3)(b) the words “except in the case of a maintained nursery school”, and in subsection (4), paragraph (b) and the preceding “or”.

In Schedule 3, in the definition of “appropriate authority” in paragraph 1, paragraph (b), and in paragraph (c), “(e)”.

Education Act 1997 (c. 44).

Chapter 1 of Part 4.

Section 49.

In Schedule 7, paragraphs 8, 9(3), 14, 27, 28 and 36.

Police Act 1997 (c. 50).

In section 113—

(a) in subsection (3A), paragraph (a)(ii) and (iii), and

(b) in subsection (3B), paragraph (c) and the words from “and the reference” to the end.

Section 115(6A)(a)(ii) and (iii).

Teaching and Higher Education Act 1998 (c. 30).

Section 1(8).

In section 3—

(a) the words “within the meaning of section 218(2) of the Education Reform Act 1988”, and

(b) subsection (3)(c).

Section 10.

Section 11.

Section 13.

Section 18.

In Schedule 2, paragraph 1(5).

In Schedule 3, paragraph 5.

School Standards and Framework Act 1998 (c. 31).

Section 3.

Section 7(10).

Section 10(3) and (7).

In section 11, in subsection (2) the words from “and” to the end, and subsection (3).

Section 16(4) and (13).

In section 22(1), in paragraph (b) the words “under section 28 or 31” and in paragraph (c) the words “under section 28”.

In section 33(1), the word “and” at the end of paragraph (b).

Sections 36 to 44.

Section 46.

In section 52(2), the word “and” at the end of paragraph (b).

Sections 54 to 57.

In section 63, in subsections (1) and (3) the word “unauthorised” and, in subsection (4), the definition of “unauthorised absence”.

Sections 64 to 68.

In section 84(6), the definition of “the relevant standard number”.

Section 86(3)(b) and (6).

Section 91.

Section 93.

Section 115.

In section 119(5), the word “and” at the end of paragraph (a).

In section 120(2)(a), the words “of proposals” and “and”.

In section 121, in subsection (1), the words “the authority’s statement of proposals” and in subsection (9) the words “early years development”.

Section 127(6)(e), (f), (h), (i) and (k).

In section 138—

(a) in subsection (2)(b), the words “paragraph 3(5) or 4 of Schedule 10”,

(b) in subsection (4)(b), the words “paragraph 4 or 8 of Schedule 23 or”, and

(c) in subsection (5), paragraph (a) (ii) and (iii) and, in paragraph (b)(ii), the word “46”.

In section 143, the entries relating to local schools budget and relevant standard number.

In Schedule 4, paragraph 5(4)(e).

In Schedule 6—

in paragraph 3(2), the word “or” at the end of paragraph (b);

in paragraph 4(3), the word “or” at the end of paragraph (d);

in paragraph 4(5), the word “or” at the end of paragraph (a);

in paragraph 5(9), the words “or (8)”;

in paragraph 10(6), the words “or (5)”.

Schedules 9 to 13.

Schedules 16 to 18.

Schedules 23 to 25.

In Schedule 26, in paragraph 1, sub-paragraph (1)(c) and the word “or” preceding it, and paragraphs 6(4), 8(9) and 15.

In Schedule 28, paragraph 4(1) and Part 2.

In Schedule 30—

paragraph 3(3),

paragraph 14,

paragraph 17,

paragraph 47(a),

paragraph 56,

in paragraph 74 sub-paragraphs (2) and (3) and in sub-paragraph (4) paragraph (b) and the word “and” preceding it,

paragraphs 85 to 90,

paragraph 133(b),

paragraph 194(3)(a)(ii),

paragraph 204(b).

Protection of Children Act 1999 (c. 14).

Section 5.

In section 7—

(a) subsection (1)(a)(ii) and (iii),

(b) the word “and” immediately preceding subsection (2)(c), and

(c) subsection (4).

In section 9(2), the word “or” at the end of paragraph (d).

In section 12(2), the definition of “the 1988 Act”.

Employment Relations Act 1999 (c. 26).

Section 40.

Immigration and Asylum Act 1999 (c. 33).

In Schedule 14, paragraph 117.

Care Standards Act 2000 (c.14).

Section 100.

In Schedule 4, paragraph 24.

Learning and Skills Act 2000 (c. 21).

Sections 130 to 132.

Section 148(2).

In Schedule 7, in paragraph 35(1), the word “or” at the end of paragraph (b).

Schedule 8.

In Schedule 9, paragraphs 18, 26, 30, 35 and 58, in paragraph 59, sub-paragraphs (6)(b), (7)(b) and (c) and (8), and paragraph 91.

Criminal Justice and Court Services Act 2000 (c. 43).

Section 35(5).

In Schedule 7, paragraph 83.