- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (19/07/2010)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 19/07/2010.
Education Act 1996, Chapter III is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
(1)A [F3local authority] shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, [F4and secondary education] [F5and, in the case of a [F3local authority] in England, further education,] are available to meet the needs of the population of their area.
(2)The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—
[F6(a)the [F7Chief Executive of Skills Funding] F8...
[F9(aa)the National Assembly for Wales under Part 2 of the Learning and Skills Act 2000, or]
(b)the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.]
[F10(3)The reference in subsection (1) to further education is to further education for persons—
“(a)who are over compulsory school age but under 19, or
(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.”
(4)For the purposes of this Act a person is subject to learning difficulty assessment if—
(a)a learning difficulty assessment has been conducted in respect of the person, or
(b)arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.
(5)In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).
(6)For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).]
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F4Words in s. 13(1) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F5Words in s. 13(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(2); S.I. 2010/303, art. 3, Sch. 2
F6S. 13(2)(a)(b) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)
F7Words in s. 13(2)(a) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 13; S.I. 2010/303, art. 3, Sch. 2
F8Words in s. 13(2)(a) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 32(a) (with art. 7)
F9S. 13(2)(aa) inserted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 32(b) (with art. 7)
F10S. 13(3)-(6) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(3); S.I. 2010/303, art. 3, Sch. 2
Modifications etc. (not altering text)
C1S. 13 modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36, 162 (with s. 159)
(1)A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
(a)promoting high standards,
(b)ensuring fair access to opportunity for education and training, and
(c)promoting the fulfilment of learning potential by every person to whom this subsection applies.
(2)Subsection (1) applies to the following—
(a)persons under the age of 20;
(b)persons aged 20 or over but under 25 who are subject to learning difficulty assessment.
(3)A local education authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
(a)promoting high standards, and
(b)promoting the fulfilment of learning potential by every person to whom this subsection applies.
(4)Subsection (3) applies to persons under the age of 20.
(5)In this section—
“education” and “training” have the same meanings as in section 15ZA;
“relevant education function”, in relation to a local education authority in England, means a function relating to the provision of education for—
persons of compulsory school age (whether at school or otherwise);
persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
“relevant education function”, in relation to a local education authority in Wales, means a function relating to the provision of education for—
persons of compulsory school age (whether at school or otherwise);
persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
“relevant training function” means a function relating to the provision of training.]
Textual Amendments
F11S. 13A substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 3; S.I. 2010/303, art. 3, Sch. 2
(1)A [F3local authority] shall secure that sufficient schools for providing—
(a)primary education, and
(b)education that is secondary education by virtue of section 2(2)(a),
are available for their area.
(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.
(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—
(a)the pupils’ different ages, abilities and aptitudes, and
(b)the different periods for which they may be expected to remain at school,
including practical instruction and training appropriate to their different needs.
[F12(3A)A [F3local authority] in England shall exercise their functions under this section with a view to—
(a)securing diversity in the provision of schools, and
(b)increasing opportunities for parental choice.]
(4)A [F3local authority] is not by virtue of subsection (1)(a) under any duty in respect of children under [F13compulsory school age].
[F14(4A)A [F3local 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 [F3local 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.]
F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In exercising their functions under this section, a [F3local authority] shall in particular have regard to—
(a)the need for securing that primary and secondary education are provided in separate schools;
(b)the need for securing that special educational provision is made for pupils who have special educational needs; and
(c)the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.
(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F12S. 14(3A) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 2, 188(3); S.I. 2007/935, art. 7(a)
F13Words in s. 14(4) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 12; S.I. 1998/386, art. 2, Sch. 1 Pt. III
F14S. 14(4A)(4B) inserted (19.12.2002) by Education Act 2002 (c. 32), ss. 194(1), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1
F15S. 14(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 62, Sch.31 (with 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)
(1)Where a [F3local authority] in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—
(a)consider the representation and what action (if any) to take in response to it, and
(b)within a reasonable time provide the parent with a statement setting out—
(i)any action which the authority propose to take in response to the representation, or
(ii)where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.
(2)In subsection (1) “qualifying child”, in relation to a [F3local authority], means any child in the authority's area who is of or under compulsory school age.
(3)Subsection (1) does not apply in relation to any representation which—
(a)appears to the [F3local authority] to be frivolous or vexatious, or
(b)is the same as, or similar to, a representation previously received by the authority from the same person.
(4)In exercising their functions under this section, a [F3local authority] must have regard to any guidance given from time to time by the Secretary of State.]
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F16S. 14A inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 3, 188(3); S.I. 2007/935, art. 7(a)
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Textual Amendments
F17S. 15 repealed (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, 154, Sch. 9 para. 53, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
(1)A [F3local authority] in England must secure that enough suitable education and training is provided to meet the reasonable needs of—
(a)persons in their area who are over compulsory school age but under 19, and
(b)persons in their area who are aged 19 or over but under 25 and are subject to learning difficulty assessment.
(2)A [F3local authority] may comply with subsection (1) by securing the provision of education or training outside as well as within their area.
(3)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [F3local authority] must (in particular) have regard to—
(a)the persons' ages, abilities and aptitudes;
(b)any learning difficulties the persons may have;
(c)the quality of the education or training;
(d)the locations and times at which the education or training is provided.
(4)In performing the duty imposed by subsection (1) a [F3local authority] must—
(a)act with a view to encouraging diversity in the education and training available to persons;
(b)act with a view to increasing opportunities for persons to exercise choice;
(c)act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;
(d)take account of education and training whose provision the authority think might reasonably be secured by other persons.
(5)A [F3local authority] must, in—
(a)making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or
(b)securing the provision of any apprenticeship training under that subsection,
co-operate with the Chief Executive of Skills Funding.
(6)For the purposes of this section a person has a learning difficulty if—
(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.
(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
(8)In this section—
“apprenticeship training” means training provided in connection with—
an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),
any other contract of employment, or
any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);
“education” includes full-time and part-time education;
“training” includes—
full-time and part-time training;
vocational, social, physical and recreational training;
apprenticeship training.
(9)The references in subsection (1) to—
(a)persons in a local authority's area who are over compulsory school age but under 19, and
(b)persons in a local authority's area who are aged 19 or over but under 25 and are subject to learning difficulty assessment,
do not include persons who are subject to a detention order.
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F18Ss. 15ZA, 15ZB inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 41, 269(4); S.I. 2010/303, art. 3, Sch. 2
Modifications etc. (not altering text)
C2S. 15ZA(6)(7) applied (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 83(4), 269(4); S.I. 2010/303, art. 3, Sch. 2
[F1Local authorities] in England must co-operate with each other in performing their duties under section 15ZA(1).]
Textual Amendments
F18Ss. 15ZA, 15ZB inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 41, 269(4); S.I. 2010/303, art. 3, Sch. 2
(1)A [F3local authority] in England must—
(a)encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);
(b)encourage employers to participate in the provision of education and training for such persons.
(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
(a)an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), or
(b)any other contract of employment in connection with which training is provided.
(3)In this section “education” and “training” have the same meanings as in section 15ZA.]
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F19S. 15ZC inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 42, 269(4); S.I. 2010/303, art. 3, Sch. 2
(1)A [F3local authority] [F22in Wales] may secure the provision for their area of full-time [F23or part-time] education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.
[F24(1ZA)A [F3local authority] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.]
[F25(1A)The power under [F26subsections (1) and (1ZA)] to secure the provision of education includes power to secure the provision—
(a)of training, including vocational, social, physical and recreational training, and
(b)of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).]
(2)Subsections (6) and (7) of section 14 shall apply in relation to functions under this section [in respect of secondary education] as they apply in relation to functions under that section.]
[F27(3)In exercising their functions under this section in respect of further education a [F3local authority] shall in particular have regard to the needs of persons with learning difficulties (within the meaning of [F28section 15ZA(6) and (7)]).
(4)A [F3local authority] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.]
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F20Words in s. 15A title substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(6); S.I. 2010/303, art. 3, Sch. 2
F21S. 15A inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 63 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)
F22Words in s. 15A(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(2); S.I. 2010/303, art. 3, Sch. 2
F23Words in s. 15A(1) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F24S. 15A(1ZA) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(3); S.I. 2010/303, art. 3, Sch. 2
F25S. 15A(1A) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(3) (with s. 150) S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F26Words in s. 15A(1A) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(4); S.I. 2010/303, art. 3, Sch. 2
F27S. 15A(3)(4) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(5) (with s. 150) S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F28Words in s. 15A(3) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(5); S.I. 2010/303, art. 3, Sch. 2
Modifications etc. (not altering text)
C3S. 15A restricted (1.4.2001 (W.) and 1.8.2002 (E.)) by 2000 c. 21, s. 110(4) (with s. 150); S.I. 2001/1274, art. 2(1), Sch. Pt. I; S.I. 2002/279, art. 2(3)(b)
C4Words in s. 15A(2) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(4) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
(1)A [F3local authority] may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.
(2)The power under subsection (1) to secure the provision of education includes power to secure the provision—
(a)of training, including vocational, social, physical and recreational training, and
(b)of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
(3)In exercising their functions under this section a [F3local authority] shall in particular have regard to the needs of persons with learning difficulties (within the meaning of [F30section 15ZA(6) and (7)] ).
(4)A [F3local authority] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.
(5)This section does not apply to higher education.]
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F29S. 15B inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 55 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F30Words in s. 15B(3) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 5; S.I. 2010/303, art. 3, Sch. 2
(1)For the purpose of fulfilling their functions under this Act, a [F3local authority] may—
(a)establish primary schools and secondary schools;
(b)maintain primary and secondary schools, whether established by them or not; and
(c)assist any primary or secondary school which is not maintained by them.
(2)A [F3local authority] may under subsection (1) establish, maintain and assist schools outside as well as inside their area.
(3)A [F3local authority] may not under subsection (1) establish a school to provide—
(a)part-time education suitable to the requirements of persons of any age over compulsory school age; or
(b)full-time education suitable to the requirements of persons who have attained the age of 19.
[F31(3A)A [F3local authority] in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.]
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F31S. 16(3A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 126(1), 269(4); S.I. 2009/3317, art. 2, Sch.
(1)A [F3local authority] may—
(a)establish nursery schools;
(b)maintain nursery schools established by them or by an authority which was a local education authority within the meaning of any enactment repealed by the M1Education Act 1944 or an earlier Act; and
(c)assist any nursery school not so established.
(2)Section 14(4) does not affect a [F3local authority]’s power under section 16(1) to establish, maintain and assist schools at which education is provided both for children under [F33compulsory school age] and for older pupils (including schools at which there are nursery classes for children under [F33compulsory school age]).
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F32Words in s. 17 heading substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 20; S.I. 2008/2261, art. 2 (with Sch. 1)
F33Words in s. 17(2) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.13; S.I. 1998/386, art. 2, Sch. 1 Pt.III
Marginal Citations
A [F3local authority] may make arrangements for the provision of primary and secondary education for pupils at schools not maintained by them or another [F3local authority].
Textual Amendments
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
(1)Each local education authority shall make arrangements for the provision of suitable F34. . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
(2)Any school established (whether before or after the commencement of this Act) and maintained by a local education authority which—
(a)is specially organised to provide education for such children, and
(b)is not a county school or a special school,
shall be known as a “pupil referral unit”.
[F35(2A)Subsection (2) does not apply in relation to schools in England.
(2B) Any school established in England (whether before or after the commencement of this Act) and maintained by a local education authority which—
(a)is specially organised to provide education for such children, and
(b)is not a community or foundation school, a community or foundation special school, or a maintained nursery school,
shall be known as a “pupil referral unit”.]
(3)A local education authority may secure the provision of boarding accommodation at any pupil referral unit.
[F36(3A)In relation to England, the duty imposed by subsection (1) includes, except in prescribed cases, a duty to make arrangements for the provision of suitable full-time education at school or otherwise than at school for—
(a)children of compulsory school age who have been permanently excluded on disciplinary grounds from relevant schools or pupil referral units, and have not subsequently been admitted to schools other than pupil referral units, and
(b)children of compulsory school age who are excluded for a fixed period on disciplinary grounds from any pupil referral unit maintained by the authority.
(3B)The education referred to in subsection (3A) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.]
(4)A local education authority may make arrangements for the provision of suitable F34. . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
[F37(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a local education authority shall have regard to any guidance given from time to time by the Secretary of State.]
(5)Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.
[F38(6)In this section—
“relevant school” means—
a maintained school,
an Academy,
a city technology college, or
a city college for the technology of the arts;
“suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have (and “suitable full-time education” is to be read accordingly).]
(7)Schedule 1 has effect in relation to pupil referral units.
Textual Amendments
F34Words in s. 19(1) and (4) repealed (1.9.1998) by 1997 c. 44, ss. 47(2)(3), 57(4), Sch.8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV
F35S. 19(2A)(2B) inserted (2.7.2007) by The Education Act 1996 (Amendment of Section 19) (England) Regulations 2007 (S.I. 2007/1507), regs. 1, 2
F36S. 19(3A)(3B) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(2), 188(3); S.I. 2007/1801, art. 4(g)
F37S. 19(4A) inserted (1.9.1998) by 1997 c. 44, s. 47(4); S.I. 1998/386, art. 2, Sch. 1 Pt.IV
F38S. 19(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(3), 188(3); S.I. 2007/1801, art. 4(g)
Modifications etc. (not altering text)
C5S. 19 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(c)(10), 162 (with s. 159)
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