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Deregulation Act 2015

Determining school terms

788.Paragraph 3 transfers responsibility for determining term dates in community, voluntary controlled and community special schools and maintained nursery schools from local authorities in England to governing bodies. The governing body of all such maintained schools will be responsible for determining their school’s term and holiday dates each year. This change applies to England only.

789.Section 32 of the Education Act 2002 sets out who has responsibility for determining the dates when school terms and holidays shall begin and end. Currently the local authority is responsible for determining the term dates of a community, voluntary controlled or community special school or a maintained nursery school. The governing body is responsible for determining the term dates of a foundation, voluntary aided or foundation special school.

790.Section 32 of the Education Act 2002 forms part of the law of England and Wales but amendments made by the Education (Wales) Act 2014 confine its application to England. The amendments made by the paragraph will not therefore apply to Wales.

791.This provision comes into force on a day to be appointed by the Secretary of State in a commencement order.

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