Education Act 2002

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.

(5) No regulations under subsection (1) which relate to a pay and conditions provision may be made by the National Assembly for Wales without the consent of the Secretary of State.