Part X Miscellaneous and general

Chapter VI General

Documents and evidence

563 Educational records.

1

Regulations may make provision as to—

a

the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and

b

the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

2

The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

3

The schools to which this section applies are—

a

any school maintained by a F67local authority ; F1and

F2b

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

c

any special school not maintained by a F67local authority.

564 Certificates of birth and registrars’ returns.

1

Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—

a

on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and

b

on payment of a fee of F66£3.50 F66£7.00,F66£9.00

supply the applicant with a copy of the entry certified under his hand.

2

A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).

3

A registrar shall supply to a F67local authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require F68for the purpose of the exercise of their education functions.

4

In this section—

  • “register of births and deaths” means a register of births and deaths kept under the M1Births and Deaths Registration Act 1953, and

  • “registrar” includes a registrar of births and deaths and a superintendent registrar.

565 Evidence: presumption as to age.

1

Where in any proceedings under this Act the person by whom the proceedings are brought—

a

alleges that any person whose age is material to the proceedings is under, of, or over, any age, and

b

satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,

the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.

2

This section has effect subject to section 445(3).

566 Evidence: documents.

1

In any legal proceedings, any of the following documents, namely—

a

a document purporting to be a document issued by a F69local authority in connection with the exercise of their education functions, and to be signed by the clerk of that authority or by the F59director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) or by any other officer of the authority authorised to sign it,

b

a document purporting to be an extract from the minutes of the proceedings of the governing body of F3a maintained school, and to be signed by the chairman of the governing body or by their clerk,

c

a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and

d

a document purporting to be a certificate issued by a medical officer of a F67local authority, and to be signed by such an officer,

shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.

2

In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.

F523

Where a child of compulsory school age is required to attend at—

a

any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA, or

b

any place in the circumstances mentioned in subsection (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).

Stamp duty

F4567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders, regulations and directions

568 Orders.

1

Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

F52

For the purposes of subsection (1) “the excepted provisions” are—

  • section 349;

  • F43...

  • section 489(3);

  • section 497; and

  • section 545.

3

A statutory instrument containing any order made by the Secretary of State under this Act, other than an order under—

  • F41section 354(6), 355(2)(a), 356(2)(c) or 401,

  • F6. . .

  • section 554,

  • section 583(3) or (4), or

  • Schedule 40,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

F42No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

5

Any order made—

a

by the Secretary of State under this Act by statutory instrument, F7. . .

F7b

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

may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

6

Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.

E1569 Regulations.

1

Any power of the Secretary of State to make regulations under this Act shall be exercised by statutory instrument.

2

A statutory instrument containing regulations under this Act, F56..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F573

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

4

Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

5

Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

6

Subsection (5) does not apply to regulations under section 579(4).

C5570 Revocation and variation of certain orders and directions.

1

This section applies to any order or directions made or given under this Act by—

a

the Secretary of State, F8or

F9b

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

c

a F67local authority,

other than an order to which section 568(1) applies.

2

Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, F10. . . or the F67local authority, as the case may be.

3

Where the power to make or give any such order or directions is only exercisable—

a

on the application or with the consent of any person or body of persons, or

b

after consultation with any person or body of persons, or

c

subject to any other conditions,

no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.

Guidance

571 Publication of guidance.

1

The Secretary of State shall publish any guidance given by him for the purposes of any F11provision of this Act in such manner as he thinks fit.

F122

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

Service of documents

C3C4572 Service of notices and other documents.

Any order, notice or other document required or authorised by this Act to be F45served on, or given to, any person may be served or given —

a

by delivering it to that person, or

b

by leaving it at his usual or last known place of residence, or

c

by sending it in a prepaid letter addressed to him at that place.

F472

But such a document may not be served or given in an electronic communication to a person as a parent unless —

a

the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and

b

the communication is sent to the number or address in question.

3

In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.

Construction

573 Meaning of expressions relating to alteration etc. of premises or character of schools.

1

The following provisions apply for the purposes of this Act except where the context otherwise requires.

2

References to the alteration of school premises include making improvements, extensions or additions to the premises; F13. . ..

3

References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

F144

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

F145

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

F146

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

574 Changes to school not amounting to discontinuance etc.

1

For the purposes of this Act and any other enactment relating to the duties of a F67local authority neither—

a

references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor

b

references in whatever terms to establishing a new school,

shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).

2

The changes are—

a

education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;

b

an enlargement or alteration of the school premises; and

c

the transfer of the school to a new site.

575

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

576 Meaning of “parent”.

C1C21

In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

a

who is not a parent of his but who has parental responsibility for him, or

b

who has care of him,

except that in F15section 499(8) it only includes such a person if he is an individual.

F162

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

3

In subsection (1) “parental responsibility” has the same meaning as in the M2Children Act 1989.

4

In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

F17577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

578F54F51 Meaning of “the Education Acts”.

In this Act “the Education Acts” means this Act together with the following Acts—

  • F18. . .

  • F60...

  • the M3Education Act 1973;

  • the M4Education Act 1980;

  • the M5Education (Fees and Awards) Act 1983;

  • the M6Further Education Act 1985 (except sections 4 and 5);

  • the M7Education Act 1986;

  • the M8Education (No. 2) Act 1986;

  • the M9Education Reform Act 1988;

  • F18. . .

  • F39...

  • the M10Further and Higher Education Act 1992;

  • the M11Education Act 1994;

  • F18. . .

  • F60...

  • F51...;

  • F19the M12Education Act 1997;

  • F20the M13 Education (Schools) Act 1997;

  • F21. . .

  • F22the M14Teaching and Higher Education Act 1998;

  • F23the School Standards and Framework Act 1998 (c. 31);

  • F24the Education Act 2002 (c. 32).

  • F46the Higher Education Act 2004 (c. 8)

  • F48the Education Act 2005 (c. 18)

  • F55the Education and Inspections Act 2006 (c. 40)

  • F62the Education and Skills Act 2008 (c. 25)

  • F63Learner Travel (Wales) Measure 2008 (nawm 2)

  • F65Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)

  • F78Academies Act 2010 (c. 32)

579 General interpretation.

1

In this Act, unless the context otherwise requires—

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F26“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

  • “boarder” includes a pupil who boards during the week but not at weekends;

  • “child” means a person who is not over compulsory school age;

  • “clothing” includes footwear;

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F70“education functions” means the functions specified in Schedule 36A;

  • “financial year” means a period of twelve months ending with 31st March;

  • “functions” includes powers and duties;

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “head teacher” includes acting head teacher;

  • “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

  • F61“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

  • “land” includes buildings and other structures, land covered with water, and any interest in land;

  • “liability” includes obligation;

  • F71“local authority” means—

    1. a

      a local authority in England;

    2. b

      a local authority in Wales;

  • “local authority in England” means—

    1. a

      a county council in England;

    2. b

      a metropolitan district council;

    3. c

      a non-metropolitan district council for an area for which there is no county council;

    4. d

      a London borough council; and

    5. e

      the Common Council of the City of London (in their capacity as a local authority);

  • “local authority in Wales” means—

    1. a

      a county council in Wales; and

    2. b

      a county borough council;

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “local government elector” has the meaning given by section 270(1) of the M15Local Government Act 1972;

  • F49“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;

  • “medical officer”, in relation to a F67local authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

  • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

  • F27“the National Curriculum”(without more) means—

    1. a

      in relation to England, the National Curriculum for England, and

    2. b

      in relation to Wales, the National Curriculum for Wales;

  • “premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

  • “prescribed” means prescribed by regulations;

  • “proprietor”, in relation to a school, means the person or body of persons responsible for the management of the school (so that, in relation to F28a community, foundation or voluntary or community or foundation special school F50or a maintained nursery school, ,F40or a maintained nursery school, it means the governing body);

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “regulations” means regulations made by the Secretary of State;

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F29“sex education” includes education about—

    1. a

      Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

    2. b

      any other sexually transmitted disease;

  • “school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—

    1. a

      as a caretaker’s dwelling,

    2. b

      for use in connection with playing fields,

    3. c

      to afford facilities for enabling the Secretary of State facilities to carry out his functions under F58paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or

    4. d

      to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

  • “school day”, in relation to a school, means any day on which at that school there is a school session;

  • F30“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 such term to begin after the following July;

  • F31“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;

  • “young person” means a person over compulsory school age but under the age of 18.

2

References in this Act to an interest in land include any easement, right or charge in, to or over land.

F323

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

4

For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular F67local authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

F724A

For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.

5

For the purposes of this Act a school shall be regarded as “assisted” by a F67local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

6

Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a F67local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

7

Neither—

a

a university, nor

b

any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a F67local authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

F44580 Index.

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression

Relevant provision

F33Academy

F33section 482

admission authority (in Chapter I of Part VI)

section 415

admitted to a school for nursery education

section 579(3)

aggregated budget (in Part II)

sections 101(3) and 105

agreed syllabus

section 375(2) and (4)

aided school

section 32(1) and (3)

allocation formula (in Part II)

section 106(2)

alteration (of school premises) and alterations (in relation to such premises)

section 573(2)

annual parents’ meeting (in Chapter VI of Part II)

section 162(1)

appropriate diocesan authority (in Part III in relation to a Church of England, Church in Wales or Roman Catholic Church school)

section 311(1)

appropriate further education funding council

section 579(1)

F73...

F73. . .

articles of government

 (in relation to a county, voluntary or maintained special school)

section 127(1)

 (in relation to a grant-maintained school)

section 218(1)

 (in relation to a grant-maintained special school)

paragraph 1 of Schedule 28

 (in relation to a group of grant-maintained schools)

section 280(2)

assess (in Part V)

section 350(2)

assessment arrangements (in Part V)

section 353

assisted (in relation to a school or other institution)

section 579(5) to (7)

F34. . .

. . .

attainment targets (in Part V)

section 353

authority responsible for election arrangements (in Chapter V of Part III)

section 243(2)

belonging to the area of a F67local authority (in relation to a person)

section 579(4)

boarder

section 579(1)

budget share (in Part II)

section 101(3) and (6)

capital grant (in relation to grant-maintained schools)

section 246(1) (or section 252)

cease to maintain (in relation to a school)

section 574

the chairmen’s panel (in Part IV)

section 333(2)

change in character (in relation to a school)

section 573(4)

character (of a school) (in Part III)

section 311(4)

child

 (generally)

section 579(1)

 (in Part IV)

section 312(5)

  F35(in Chapter I of Part VI except sections 431 to 433)

section 411(8)

child for whom a F67local authority are responsible (in Part IV)

section 321(3)

Church in Wales school

section 311(1)

Church of England school

section 311(1)

F36city academy

F36section 482

F36city college for the technology of the arts

F36section 482(3)

F36city technology college

F36section 482(3)

clothing

section 579(1)

commencement of this Act

section 583(2)

compulsory school age

section 8 (or paragraph 1 of Schedule 40)

contract of employment (in relation to provisions specified in section 575(2))

section 575(1)

controlled school

section 32(1) and (2)

co-opted governor (in relation to a county, voluntary or maintained special school)

section 78(1)

core governor

section 285 and Schedule 25

county school

section 31(1)

date of implementation

 (in Part III in relation to proposals for acquisition of grant-maintained status)

section 200(2)

 (in Part III in relation to a new grant-maintained school)

section 217

date of publication of proposals (in Part III in relation to proposals under that Part)

section 311(6)

delegation requirement (in Part II)

section 107(2)

discontinue (in relation to a school)

section 574

disposal of premises (in sections 297 to 300)

section 301(3)

dissolution date (in sections 274 to 279)

section 274(6)

the Education Acts

section 578

F76education functions

F76section 579(1)

eligible for grant-maintained status (in Part III)

section 184

eligible governor (in Part III)

paragraph 4 of Schedule 24

eligible to vote in a ballot held in accordance with section 189 (in Chapter II of Part III)

section 190(1)

employed, employee, employer (in relation to provisions specified in section 575(2))

section 575(1)

employed to work, or to work solely, at a school (in relation to provisions specified in section 575(2))

section 575(3)

employee (in sections 469 to 473)

section 469(6)

enlargement (in relation to school premises)

section 573(3)

establish (in relation to a new school)

section 574

examination requirement (in Chapter III of Part VI)

section 462(1)

exclude, exclusion (except in section 524)

section 579(1)

financial year

section 579(1)

first governor (in relation to a grant-maintained school)

paragraphs 7 and 12 of Schedule 24

foundation governor

 (in relation to a voluntary school)

section 78(2)

 (in relation to a grant-maintained school)

paragraphs 8 and 13 of Schedule 24

foundation subjects

section 354 F37. . .

functions

section 579(1)

funding authority

section 26

further education

section 2(3) to (5)

general schools budget (in Part II)

section 101(3)

governing body, governor

 (in Chapters IV to VI of Part II)

section 182

 (in relation to a school grouped for purposes of Chapter IV of Part II)

section 89(6)

 (in relation to a voluntary school and functions of foundation governors)

section 579(1)

governing body in liquidation (in sections 274 to 279)

section 274(3)

governor of an elected category (in Part III)

paragraph 3 of Schedule 24

governors’ report (in Chapter VI of Part II)

section 161(1)

grant-maintained school

 (generally)

section 183(1)

 (in sections 500 to 504)

section 505(8)

grant-maintained school formerly conducted by a governing body in liquidation (in sections 274 to 279)

section 274(5)

grant-maintained special school

sections 337(4) and 346(3)

grant regulations (in Chapter VI of Part III)

section 244(2)

grants for education support and training

section 484(1)

group (of schools)

 (in Part II)

section 89(5)

 (in Chapter IX of Part III)

section 280(7)

head teacher

 (generally)

section 579(1)

 (in relation to a county, voluntary or maintained special school organised into separate departments)

section 132

higher education

section 579(1)

incorporation date

 (in Chapter II of Part III)

section 200(5)

 (in Chapter IV of Part III)

section 217

 (in Part IV)

section 345(3)

independent school

section 463

initial governor (in Part III)

paragraph 2 of Schedule 24

institution outside (or within) the further education sector

section 4(3)

institution outside (or within) the higher education sector

section 4(4)

instrument of government

 (in relation to a county, voluntary or maintained special school)

section 76(1)

 (in relation to a grant-maintained school)

section 218(1)

 (in relation to a grant-maintained special school)

paragraph 1 of Schedule 28

 (in relation to a group of grant-maintained schools)

section 280(2)

interest in land

section 579(2)

junior pupil

section 3(2)

key stage

section 355(1)

land

section 579(1)

the lay panel (in Part IV)

section 333(2)

learning difficulty

section 312(2) and (3)

liability

section 579(1)

local authority

section 579(1)

F76local authority in England

F76section 579(1)

F76local authority in Wales

F76section 579(1)

F74. . .

F74. . .

F75. . .

 (generally)

section 579(1)

 (in relation to a scheme under Part II)

section 101(2)

local government elector

 (generally)

section 579(1)

 (in Part III in relation to an area)

section 311(7)

maintain (in relation to a school maintained by a F67local authority)

section 34

maintained school

 (in Part IV)

section 312(5)

 (in Part V)

section 350(1)

 (in Chapter II of Part VI)

section 437(8)

 (in Chapter III of Part VI)

section 449

 (in sections 500 to 504)

section 505(8)

maintained nursery school

sections 6(1) and 33(1)

maintained special school

sections 6(2), 33(1) and 337(3)

maintenance grant (in relation to grant-maintained schools)

section 244(1) (or section 250(1))

medical officer (in relation to a F67local authority)

section 579(1)

minor authority

section 577

middle school

section 5(3)

modifications, modify

section 579(1)

the National Curriculum

sections 352(1) and 353

new governing body (in Part III)

section 195(2)

new school (in Part II)

section 181(1)

nursery school

section 6(1)

optional extra (in Chapter III of Part VI)

section 455(3)

parent

section 576

parent governor

 (in relation to a county, voluntary or maintained special school)

section 78(3)

 (in relation to a grant-maintained school)

paragraphs 5 and 10 of Schedule 24

F34. . .

. . .

F34. . .

. . .

pending

 (in Part III in relation to proposals published under section 193)

section 193(4)

 (in Chapter III of Part III in relation to the procedure for acquisition of grant-maintained status)

section 203(1)

powers to make proposals for the alteration of their school (in sections 500 to 504 in relation to the governing body of a voluntary school)

section 505(7)

powers to make proposals for the establishment, alteration or discontinuance of schools (in sections 500 to 504)

section 505(8)

premises

 (in relation to a school)

section 579(1)

 (in Part III)

section 311(1)

prescribed

section 579(1)

the President (in Part IV)

section 333(2)

primary education

section 2(1)

primary school

section 5(1)

programmes of study (in Part V)

section 353

proceeds of disposal (in sections 297 to 300)

section 301(3)

procedure applicable under Chapter IV of Part II (in Chapter V of Part III)

section 243(3)

promoters (in Part III)

section 212(1)

proposals (in Chapter VII of Part III)

section 266(2)

proposals for acquisition of grant-maintained status (in Part III)

section 183(2)

proposals for the establishment of a new grant-maintained school (in Part III)

section 183(2)

proprietor (in relation to a school)

section 579(1)

prospectively disqualified (in Chapter V of Part III)

section 243(4)

provisionally registered school (in Part VII)

section 465(4)

pupil

sections 3(1) and 19(5)

reception class

section 579(1)

register, registration (in Part VII in relation to independent schools)

section 464(4)

registered (in relation to parents or pupils)

section 434(5)

registered school (in Part VII)

section 465(4)

Registrar of Independent Schools (or the Registrar in Part VII)

section 464(4)

regulations

section 579(1)

relevant age group

section 579(1)

relevant education (in relation to an order under section 27(1))

section 27(7)

relevant particulars (in relation to a proposed initial governor of a grant-maintained school)

section 200(4)

relevant proposals (in Part II)

section 181(2)

relevant standard number (in Chapter I of Part VI)

section 411(7)

F53relevant upper age (in relation to a middle school)

section 5(3)(b)

required to be covered by a scheme (in Part II in relation to a school)

section 102

reserved teacher (in Chapter VI of Part II in relation to a controlled school)

section 143(2)

reserved teacher (in Chapter VI of Part II in relation to a special agreement school)

section 144(1)

residential trip (in Chapter III of Part VI)

section 462(2)

responsible for a child (in Part IV in relation to a F67local authority)

section 321(3)

right to a delegated budget (in Part II)

section 115(a)

Roman Catholic Church school

section 311(1)

scheme (in Part II)

section 101(1)

school

section 4(1) and (2)

school in respect of which financial delegation is required (in Part II)

section 115

school which has a delegated budget (in Part II)

section 115

school attendance order

section 437(3)

school buildings

section 579(1)

school day

section 579(1)

school property (in sections 274 to 279)

section 274(4)

F38school year

section 579(1)

secondary education

section 2(2) and (5)

secondary school

section 5(2)

section 67 loan liabilities (in sections 274 to 279)

section 274(7)

senior pupil

section 3(2)

sex education

F77section 579(1)

significant (in relation to a change in character or enlargement of premises of a school)

section 573(5)

special agreement

section 32(5)

special agreement school

section 32(1) and (4)

special educational needs

section 312(1)

special educational provision

section 312(4)

special purpose grant (in relation to grant-maintained schools)

section 245(1) (or section 251)

special school

sections 6(2) and 337

sponsor governor (in Part III)

paragraphs 9 and 14 of Schedule 24

suitable education (in Chapter II of Part VI)

F64section 436A(3)

teacher governor

 (in relation to a county, voluntary or maintained special school)

section 78(4)

 (in relation to a grant-maintained school)

paragraphs 6 and 11 of Schedule 24

temporary governing body, temporary governor (in Part II)

section 181(3)

time of publication of proposals (in Part III in relation to proposals under that Part)

section 311(6)

the Tribunal (in Part IV)

section 313(5)

trust deed (in relation to a voluntary school)

section 579(1)

trustees of the school (in sections 296 to 300)

section 301(2)

voluntary school

sections 31(2) and 32

F35wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI)

section 411(9)

young person

section 579(1)

Final provisions

581 Application to Isles of Scilly.

This Act shall apply to the Isles of Scilly—

a

as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and

b

subject to such other modifications as are specified in an order made by the Secretary of State.

I1582 Consequential amendments, repeals, transitional provisions etc.

1

The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

2

The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.

3

The transitional and saving provisions contained in Schedule 39 shall have effect.

4

The transitory provisions contained in Schedule 40 shall have effect.

Annotations:
Commencement Information
I1

S. 582 wholly in force at 1.9.1997; s. 582(1) in force at 1.11.1996 so far as relating to Sch. 37 Pt. I; s. 582(2) in force at 1.11.1996 so far as relating to Sch. 38 Pts. I, III; s. 582(3)(4) in force at 1.11.1996 see s. 583(2); S. 582(1) in force at 1.9.1997 so far as relating to Sch. 37 Pt. II and s. 583(2) in force at 1.9.1997 so far as relating to Sch. 38 Pt. II by S.I. 1997/1623, art. 2(2)

583 Short title, commencement and extent.

1

This Act may be cited as the Education Act 1996.

2

Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).

P13

The following provisions—

  • section 8,

  • section 317(6),

  • section 348,

  • section 528,

  • Part II of Schedule 37 and section 582(1) so far as relating thereto, and

  • Part II of Schedule 38 and section 582(2) so far as relating thereto,

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

4

The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the M16Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

5

Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—

a

section 568(5) and (6) shall not apply to the order, but

b

the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the M17Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).

6

Subject to subsections (7) and (8), this Act extends to England and Wales only.

7

This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.

8

Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.