Chwilio Deddfwriaeth

Chwiliad Uwch

Education Act 1997

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Point in time view as at 01/09/2022. This version of this Act contains provisions that are prospective. Help about Status

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Education Act 1997 is up to date with all changes known to be in force on or before 12 December 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. Help about Changes to Legislation

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Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part IE+W Assisted places scheme

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1S. 1 repealed (1.9.1997) by 1997 c. 59, ss. 6(3), 7(3)(a), Sch. Pt.I (with s. 1(3))

Part IIU.K. School discipline

Responsibility for disciplineU.K.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Power to restrain pupilsU.K.

F44 Power of members of staff to restrain pupils.U.K.

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Textual Amendments

DetentionU.K.

F55 Detention outside school hours lawful despite absence of parental consent.U.K.

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Textual Amendments

Exclusion of pupils from schoolU.K.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

LEA plansU.K.

F99LEA plans relating to children with behavioural difficulties.U.K.

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Textual Amendments

F9S. 9 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)

Part IIIU.K. School admissions

Chapter IU.K. County and voluntary schools

Partially-selective schoolsU.K.

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Children permanently excluded from two or more schoolsE+W

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Prospective

Home-school partnership documentsU.K.

F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F13Pt. III (ss. 10-14) repealed (1.2.1999 to the extent that it relates to the repeal of s. 13 of the amended Act) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(3), Sch.1 Pt. III

Chapter IIU.K. Grant-maintained schools

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s.140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Part IVU.K. Baseline assessments and pupils’ performance

F15Chapter IE+WBaseline assessments

Textual Amendments

F15Pt. IV Ch. I repealed (2.9.2002 for E., 1.9.2011 for W.) by Education Act 2002 (c. 32), ss. 204, 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2011/1952, art. 2(1)(2)(a)(c)

F1515IntroductoryE+W

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F1516 Adoption of baseline assessment schemes.E+W

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F1517 Assessment of pupils in accordance with scheme.E+W

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F1518 Regulations for purposes of this Chapter.E+W

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Chapter IIU.K. Pupils’ performance

19 School performance targets.E+W

[(1)[F16The Welsh Ministers] may by regulations make such provision as [F17the Welsh Ministers consider] appropriate for requiring the governing bodies of maintained schools [F18in Wales ] to secure that annual targets are set in respect of the performance of pupils—

(a)in public examinations or in assessments [F19for the purposes of the National Curriculum] [F19required by virtue of regulations made under Part 4 of the Curriculum and Assessment (Wales) Act 2021], in the case of pupils of compulsory school age; or

(b)in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2)Regulations under this section may require—

(a)such targets, and

(b)the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

[F20(3)In this section “maintained school” means—

(a)a community, foundation or voluntary school, or

(b)a community or foundation special school (other than one established in a hospital).]]

Textual Amendments

F16Words in s. 19(1) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 66(2)(a), 115(7); S.I. 2015/1732, art. 2(g)

F17Words in s. 19(1) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 66(2)(b), 115(7); S.I. 2015/1732, art. 2(g)

F18Words in s. 19(1) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 66(2)(c), 115(7); S.I. 2015/1732, art. 2(g)

F20S. 19(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.213 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Modifications etc. (not altering text)

C1S. 19 ceases to have effect (E.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 66(1), 115(7); S.I. 2015/1732, art. 2(g)

20 Provision of information about individual pupils’ performance.E+W

After section 537 of the M1Education Act 1996 there shall be inserted—

“537A Provision of information about individual pupils’ performance.

(1)The Secretary of State may by regulations make provision requiring—

(a)the governing body of every school which is—

(i)maintained by a [F21local authority], or

(ii)a grant-maintained school, or

(iii)a special school which is not maintained by a [F21local authority], and

(b)the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2)In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a)in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b)in any prescribed public examination;

(c)in connection with the attainment of any vocational qualification; or

(d)in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3)The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a)to any prescribed body or person, or

(b)to any body or person falling within a prescribed category.

(4)Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a)may provide any information received by it under this subsection—

(i)to the Secretary of State, or

(ii)to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b)may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed.

(5)Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a)in any assessment or examination falling within subsection (2)(a), (b) or (d), or

(b)in connection with the attainment of any qualification falling within subsection (2)(c) or (d).

(6)No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7)References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.”

Textual Amendments

Marginal Citations

Part VU.K. Supervision of curriculum for schools and external qualifications

Chapter IE+W+N.I. The Qualifications and Curriculum Authority

Establishment of the AuthorityE+W+N.I.

F2221 The Qualifications and Curriculum Authority.E+W+N.I.

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Textual Amendments

Functions of the AuthorityE+W+N.I.

F2222 General function of Authority to advance education and training.E+W+N.I.

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Textual Amendments

F2223 Functions of the Authority in relation to curriculum and assessment.E+W

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Textual Amendments

F2224 Functions of the Authority in relation to external vocational and academic qualifications.E+W+N.I.

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Textual Amendments

F2225 Other functions of the Authority.E+W

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Textual Amendments

F2226 Supplementary provisions relating to discharge by Authority of their functions.E+W+N.I.

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Textual Amendments

F2226A Power of Authority to give directionsE+W+N.I.

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Textual Amendments

Chapter IIU.K. [F23Functions of the National Assembly for Wales]

Textual Amendments

F24...E+W

Textual Amendments

F2527 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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Textual Amendments

Functions of the [F26National Assembly for Wales] E+W

Textual Amendments

[F2728 General function of [F28National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F29National Assembly for Wales] by this Part shall be exercised by [F30the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F31The National Assembly for Wales] shall exercise [F32its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F33it has] functions under this Part.]

Textual Amendments

[F3429 Functions of the [F35National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F36The National Assembly for Wales] shall have the functions set out in subsection (2) [F37 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.]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F38maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F41...

(f)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42(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.]

(3)The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are [F43under compulsory school age.]

(4)The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a)if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b)any other function which may be conferred on the Authority by the Secretary of State.

[F44(5)In this section—

  • “assessment” includes examination and test;

  • “funded nursery education” has the meaning given by section 98 of the Education Act 2002;

  • “maintained school” means—

    (a)

    any community, foundation or voluntary school, and

    (b)

    any community F45... special school.

(6)In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community F46... special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.]

[F47(7)In this section references to ”school examinations and assessment” do not include examinations taken or assessments carried out for the purpose of the award of a qualification within the meaning of section 56 of the Qualifications Wales Act 2015.]]

Textual Amendments

F37Words in s. 29(1) substituted (19.12.2002) by Education Act 2002 (c. 32), Sch. 17 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F38Words in s. 29(2)(a) substituted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F43Words in s. 29(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 215 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

F5030 Functions of the [F48National Assembly for Wales] in relation to [F49relevant] qualificationsE+W

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Textual Amendments

F5131 Other functions of the Authority.E+W

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Textual Amendments

[F5232 Supplementary provisions relating to discharge by [F53the National Assembly for Wales of its functions].E+W

(1)In carrying out [F54its functions] under this Part [F55the National Assembly for Wales] shall—

F56(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

(i)the requirements of [F58section 99 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the [F59reasonable] requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

[F60(iii)the reasonable requirements of persons with learning difficulties.]

(2)In carrying out those functions [F61the National Assembly for Wales] shall in addition have regard to information supplied [F62to it] by [F63Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] or by any body designated by the Secretary of State for the purposes of this section.

F64(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69(6)In this section “persons with learning difficulties” means—

(a)children with [F70additional learning needs (as defined in section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018)], and

(b)other persons who—

(i)have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their 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.]]

Textual Amendments

F58Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

F63Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

F72[F7132ZA]Qualifications functions of Welsh Ministers: co-operation and joint working etc.E+W

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Textual Amendments

F72[F7332A] Power of Welsh Ministers to give directionsE+W

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Textual Amendments

F72[F7432AAPower of Welsh Ministers to impose monetary penaltiesE+W

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Textual Amendments

F74Ss. 32AA-32AD inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4), 82(3); S.I. 2012/924, art. 3

F7232ABMonetary penalties: amountE+W

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Textual Amendments

F74Ss. 32AA-32AD inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4), 82(3); S.I. 2012/924, art. 3

F7232ACMonetary penalties: appealsE+W

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Textual Amendments

F74Ss. 32AA-32AD inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4), 82(3); S.I. 2012/924, art. 3

F7232AD]Monetary penalties: interest and recoveryE+W

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Textual Amendments

F74Ss. 32AA-32AD inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4), 82(3); S.I. 2012/924, art. 3

F72[F7532B]Power of Welsh Ministers to withdraw recognitionE+W

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Textual Amendments

F72[F7632BACosts recoveryE+W

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Textual Amendments

F76Ss. 32BA-32BC inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(6), 82(3); S.I. 2012/924, art. 3

F7232BBCosts recovery: appealsE+W

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Textual Amendments

F76Ss. 32BA-32BC inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(6), 82(3); S.I. 2012/924, art. 3

F7232BC]Costs: interest and recoveryE+W

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Textual Amendments

F76Ss. 32BA-32BC inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(6), 82(3); S.I. 2012/924, art. 3

F72[F7532C]Surrender of recognitionE+W

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Textual Amendments

Chapter IIIE+W+N.I. Provisions supplementary to Chapters I and II

Dissolution of existing bodiesE+W

F7733 Dissolution of existing bodies.E+W

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Textual Amendments

Transfer of property and staffE+W+N.I.

F7834 Transfer of property.E+W+N.I.

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Textual Amendments

F7935 Transfer of staff.E+W+N.I.

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Textual Amendments

Levy on bodies awarding accredited qualificationsE+W+N.I.

F8036 Levy on bodies awarding qualifications accredited by relevant body.E+W+N.I.

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Textual Amendments

Chapter IVU.K. Control of certain courses leading to external qualifications

F8137 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.E+W

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Textual Amendments

Part VIU.K. Inspection of [F82local authorities] and school inspections

Textual Amendments

Chapter IU.K. Inspection of [F82local authorities]

38 Inspection of [F82local authorities] .E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by the Secretary of State, shall,

arrange for any [F21local authority] to be inspected under this section.

F83(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84(2A)An inspection of a [F21local authority] in Wales under this section shall consist of a review of the way in which the authority are performing—

[F85(a)any education function of theirs;]

(b)the functions conferred on them under [F86section 25] [F87of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

(3)A request by the Secretary of State under this section may relate to one or more [F82local authorities], and shall specify both—

(a)the [F21local authority] or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F88... Wales, or

(b)by any additional inspector authorised under F89... [F90paragraph 2 of Schedule 2 to [F91the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a [F21local authority] shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F9241A] “the Chief Inspector” means—

F93(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F21local authority] in Wales, [F94Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

Textual Amendments

F84S. 38(2)(2A) substituted for s. 38(2) (1.4.2005 for E., 31.7.2008 for W.) by Children Act 2004 (c. 31), ss. 51, 67(7)(e); S.I. 2005/394, art. 2(2)(e); S.I. 2008/1904, art. 2

F87Words in s. 38(2A)(b) inserted (1.4.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 28; S.I. 2008/17, art. 3(b)

F90Words in s. 38(5)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 11; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F94Words in s. 38(7)(a) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

Modifications etc. (not altering text)

C3S. 38 modified (31.8.2008) by Childcare Act 2006 (c. 21), ss. 28, 109(2); S.I. 2008/17, art. 2(a)

39 Reports of inspections under s. 38 and action plan by [F21local authority]E+W

(1)Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a)any [F21local authority] to which the inspection relates; and

(b)the Secretary of State.

(2)Where a [F21local authority] receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(3)The authority shall publish—

(a)the report, and

(b)the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4)The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate[F95; and F96... [F97section 29(2) to (4) of [F98the Education Act 2005]] shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F99... [F100section 29(2)].]

Textual Amendments

F95Words in s. 39(4) inserted (1.10.1998) by 1998 c. 31, s. 134(3) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1 Pt. I

F97Words in s. 39(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 12(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F100Words in s. 39(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 12(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

C5S. 39: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3(j)

[F10140 Inspector’s rights of entry etc.E+W

(1)This section applies where a [F21local 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 [F21local authority],

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 [F102or 19A] 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 [F21local authority] or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 [F103or 19A] 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)[F104Section 58 of the Education Act 2005] (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 [F21local 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 [F105or 19A] education” means education provided to a child by virtue of arrangements made by the [F21local authority] under section 19 [F105or 19A] of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

Textual Amendments

F101S. 40 substituted (1.10.2002 except in relation to W. and 19.12.2002 otherwise) by Education Act 2002 (c. 32), ss. 180, 216, (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4

F104Words in s. 40(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 13; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

F10641 Inspections involving collaboration of Audit Commission.E+W

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

Textual Amendments

[F10741AInspections involving collaboration of Auditor General for WalesU.K.

(1)If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a [F21local authority] in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2)Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3)Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4)Those categories are—

(a)the Auditor General for Wales and any authorised person; and

(b)the inspector and any person assisting him.

(5)Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6)The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay [F108the Wales Audit Office a fee, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 (which may not exceed the full cost incurred by the Auditor General in providing the assistance)].

(7)In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.]

Textual Amendments

Chapter IIU.K. School Inspections

F10942 Miscellaneous amendments relating to school inspections.E+W

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

Textual Amendments

F109S. 42 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Part VIIU.K. Careers education and guidance

[F11042AProvision of careers guidance in schools in EnglandU.K.

(1)The responsible authorities for a school in England within subsection (2) must secure that all registered pupils at the school are provided with independent careers guidance during [F111their secondary education].

(2)A school is within this subsection if it provides secondary education and is one of the following—

(a)a community, foundation or voluntary school;

(b)a community or foundation special school (other than one established in a hospital);

(c)a pupil referral unit;

[F112(d)an Academy school;

(e)an alternative provision Academy.]

(3)The responsible authorities for a school within subsection (2) are—

(a)in the case of a school within subsection (2)(a) or (b), its governing body;

(b)in the case of a pupil referral unit, the local authority that maintain it;

[F113(c)in the case of an Academy school or an alternative provision Academy, the proprietor.]

(4)The responsible authorities must secure that careers guidance provided under subsection (1)—

(a)is presented in an impartial manner,

(b)includes information on options available in respect of 16 to 18 education or training, including apprenticeships, and

(c)is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given.

[F114(4A)Subsection (4)(b) does not apply in relation to pupils over compulsory school age.]

(5)Careers guidance provided to pupils at a school is independent for the purposes of this section if it is provided other than by—

(a)a teacher employed or engaged at the school, or

(b)any other person employed at the school.

F115(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section—

  • F116...

  • “career” includes undertaking any training, education, employment or occupation;

  • “careers guidance” means guidance about careers;

  • F117...

  • “16 to 18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;

  • “training” includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still a registered pupil at a school in England).]

Textual Amendments

F110S. 42A inserted (1.2.2012 for specified purposes, 1.9.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 29(2), 82(3); S.I. 2012/84, art. 3; S.I. 2012/1087, art. 3

Modifications etc. (not altering text)

C7S. 42A applied (with modifications) (E.) (1.9.2013) by The Careers Guidance in Schools Regulations 2013 (S.I. 2013/709), regs. 1, 2

[F11842BInformation about technical education: access to English schoolsU.K.

(1)The proprietor of a school in England within subsection (2) must ensure that there is an opportunity for a range of education and training providers to access registered pupils during the relevant phase of their education for the purpose of informing them about approved technical education qualifications or apprenticeships.

(2)A school is within this subsection if it provides secondary education and is one of the following—

(a)an Academy;

(b)an alternative provision Academy;

(c)a community, foundation or voluntary school;

(d)a community or foundation special school (other than one established in a hospital);

(e)a pupil referral unit.

(3)The proprietor of a school in England within subsection (2) must prepare a policy statement setting out the circumstances in which education and training providers will be given access to registered pupils for the purpose of informing them about approved technical education qualifications or apprenticeships.

(4)The proprietor must ensure that the policy statement is followed.

(5)The policy statement must include—

(a)any procedural requirements in relation to requests for access;

(b)grounds for granting and refusing requests for access;

(c)details of premises or facilities to be provided to a person who is given access.

(6)The proprietor may revise the policy statement from time to time.

(7)The proprietor must publish the policy statement and any revised statement.

(8)The Secretary of State may by regulations make provision supplementing subsection (1), for example provision about who is to be given access to pupils, to which pupils they are to be given access and how and when.

(9)For the purposes of this section the relevant phase of a pupil's education is the period—

(a)beginning at the same time as the school year in which the majority of pupils in the pupil's class attain the age of 13, and

(b)ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 18.

(10)In this section “approved technical education qualification” means a qualification approved under section A2DA of the Apprenticeships, Skills, Children and Learning Act 2009.]

Textual Amendments

43 [F119Provision of careers education in schools [F120in Wales]][F119Provision of careers education for certain persons: Wales] E+W

[F119(1)All registered pupils at a school [F121in Wales] to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2)This section applies to—

[F122(a)community, foundation and voluntary schools;]

F123(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(c)community F125... special schools (other than those established in hospitals);]

F126(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and

(e)pupil referral units.

F127(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)It is the duty of each of the following to secure that subsection (1) F128... is complied with, namely—

(a)in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,

F129(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , and

(c)in the case of a pupil referral unit, the [F21local authority] maintaining the unit and the teacher in charge of it.

F130(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section the relevant phase of a pupil’s education is the period—

(a)beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and

(b)ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6)In this section—

  • “career” includes the undertaking of any training, employment or occupation or any course of education;

  • “careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

  • [F131“class”, in relation to a pupil, means—

    (a)

    the teaching group in which the pupil is regularly taught, or

    (b)

    if the pupil is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit;]

  • F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F119(1)A programme of careers education must be provided for—

(a)each pupil who—

(i)is a registered pupil at a school in Wales listed in subsection (2), and

(ii)is of compulsory school age, or over compulsory school age, but under the age of 19;

(b)each person who—

(i)is attending an institution in Wales within the further education sector (whether full or part time), and

(ii)is of compulsory school age, or over compulsory school age but under the age of 19;

(c)each child or young person for whom arrangements are made under section 19A of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere: Wales).

(2)The schools are—

(a)community, foundation and voluntary schools;

(b)community special schools (other than those established in hospitals).

(3)The following persons must secure that subsection (1) is complied with—

(a)in the case of a pupil falling within subsection (1)(a), the head teacher of the school;

(b)in the case of a person falling within subsection (1)(b), the principal or other head of the institution;

(c)in the case of a child or young person falling within subsection (1)(c)—

(i)the local authority that makes the arrangements, and

(ii)where the arrangements include the provision of education at a pupil referral unit maintained by a local authority in Wales, the teacher in charge of the unit.

(4)In this section—

  • “career” includes the undertaking of any training, employment or occupation or any course of education;

  • “careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions.]

Textual Amendments

F120Words in s. 43 heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(3)(g), 82(3); S.I. 2012/1087, art. 3

F121Words in s. 43(1) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(3)(a), 82(3); S.I. 2012/1087, art. 3

F126S. 43(2)(d) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(b), 82(3); S.I. 2012/1087, art. 3

F127S. 43(2A)(2B) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(c), 82(3); S.I. 2012/1087, art. 3

F128Words in s. 43(3) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(d)(i), 82(3); S.I. 2012/1087, art. 3

F129S. 43(3)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(d)(ii), 82(3); S.I. 2012/1087, art. 3

F130S. 43(4) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(e), 82(3); S.I. 2012/1087, art. 3

F132Words in s. 43(6) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(f)(ii), 82(3); S.I. 2012/1087, art. 3

Modifications etc. (not altering text)

C9Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2

C10S. 43: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928) art. 3, {Sch. 3(k)}

44 Schools and other institutions [F133in Wales] to co-operate with careers advisers.E+W

(1)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—

(a)the name and address of every relevant pupil or student at the institution; and

(b)any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2)If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.

(3)Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that—

(a)(where he is under [F134the age of 16]) a parent of his, or

(b)(where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person—

(a)on the institution’s premises, and

(b)at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5)Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access—

(a)to that group of persons in the manner specified in subsection (4)(a) and (b), and

(b)to such of the institution’s facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7)Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8)This section applies to—

(a)the schools [F135in Wales listed in section 43(2) [F136(a) and (c)]]; [F137and]

[F138(aa)pupil referral units maintained by local authorities in Wales, and]

(b)institutions [F139in Wales] within the further education sector.

[F140(9)It is the duty of the each of the following to secure that subsections (1), (4) and (6) are complied with—

(a)the governing body of the school or institution;

(b)its head teacher, principal or other head.]

(10)For the purposes of this section—

[F141(a)a pupil at a school [F142in Wales] is a relevant pupil—

(i)at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii)if he is over compulsory school age and receiving secondary education; and]

[F141(a)a pupil at a school in Wales, or at a pupil referral unit maintained by a local authority in Wales, is a relevant pupil if the pupil is receiving secondary education and—

(i)in the case of a pupil at a school is under 19, and

(ii)in the case of a pupil at a pupil referral unit, is under 18; and]

(b)a person is a relevant student at an institution [F143in Wales] within the further education sector if he is receiving at the institution either—

(i)full-time education, or

(ii)part-time education of a description commonly undergone by persons in order to fit them for employment.

(11)For the purposes of this section—

(a)“careers adviser” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the M2Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b)a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12)In this section “career” has the same meaning as in section 43.

Textual Amendments

F133Words in s. 44 heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(f), 82(3); S.I. 2012/1087, art. 3

F134Words in s. 43(3)(a) substituted (in force for specified purposes on 28.7.2000 and 1.4.2001 for E. and W.) by 2000 c. 21, s. 149, Sch. 9 para. 72; S.I. 2001/654, art. 2, Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

F135Words in s. 44(8)(a) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(a), 82(3); S.I. 2012/1087, art. 3

F139Words in s. 44(8)(b) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(b), 82(3); S.I. 2012/1087, art. 3

F142Words in s. 44(10)(a) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(d), 82(3); S.I. 2012/1087, art. 3

F143Words in s. 44(10)(b) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(e), 82(3); S.I. 2012/1087, art. 3

Modifications etc. (not altering text)

C13Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2

Marginal Citations

45 Provision of careers information at schools and other institutions.E+W

(1)Persons attending an educational institution to which this section applies must be provided with access to both—

(a)guidance materials, and

(b)a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2)This section applies to—

(a)the schools [F144in Wales listed in section 43(2) [F145(a) and (c)]]; [F146and]

[F147(aa)pupil referral units maintained by local authorities in Wales; and]

(b)institutions within the further education sector.

F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F150(3)It is the duty of each of the following to secure that subsection (1) is complied with—

(a)the governing body of the school or institution;

(b)its head teacher, principal or other head.]

[F151(3A)In the case of children within subsection (1), it is the duty of the local authority concerned to secure that subsection (1) is complied with.]

(4)The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the M3Employment and Training Act 1973.

(5)In this section “career” [F152and “careers education”] have the same meaning as in section 43.

(6)Nothing in this section applies to any primary school.

Textual Amendments

F144Words in s. 45(2)(a) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(5)(a), 82(3); S.I. 2012/1087, art. 3

F148Words in s. 45(2) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(5)(b), 82(3); S.I. 2012/1087, art. 3

F149S. 45(2A)(2B) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(5)(c), 82(3); S.I. 2012/1087, art. 3

F152Words in s. 45(5) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(5)(e), 82(3); S.I. 2012/1087, art. 3

Modifications etc. (not altering text)

Marginal Citations

[F15345AGuidance as to discharge of duties[F154 : schools in England] U.K.

(1)The persons responsible for discharging a relevant duty in relation to a school in England falling within section [F15542A(2)] must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State.

(2)A “relevant duty” means a duty under [F156section 42A(1) or (4) or 42B] .]

Textual Amendments

F154Words in s. 45A heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(6)(c), 82(3); S.I. 2012/1087, art. 3

F155Word in s. 45A(1) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(6)(a), 82(3); S.I. 2012/1087, art. 3

[F15745BProvision of curriculum information[F158: Wales] E+W

(1)Subject to subsections (2) and (3), a service provider may demand from a person mentioned in subsection (6) such curriculum information as is specified in the demand.

(2)A service provider must not demand any curriculum information unless the provider reasonably considers that the information would assist it in providing its services.

(3)A service provider must not demand any curriculum information which identifies, or allows to be identified, any pupil or student.

(4)A person mentioned in subsection (6) must comply with a demand made under subsection (1) by providing the service provider with the information demanded.

(5)A service provider may publish in whatever form it sees fit any curriculum information provided under subsection (4).

(6)The persons referred to in subsection (1) are—

(a)the governing body and head teacher of a school in Wales falling within section 43(2)(a); [F159and]

[F160(aa)the local authority and the teacher in charge of a pupil referral unit maintained by a local authority in Wales; and]

(b)the governing body and principal of an institution within the further education sector in Wales.

(7)In this section—

  • “curriculum information” means—

    (a)

    in relation to a school mentioned in subsection (6)(a), information about the curriculum for registered pupils at the school [F161during the relevant phase of their education] [F161who are receiving secondary education]; and

    (aa)

    [F162in relation to a pupil referral unit, information about the curriculum for registered pupils at the unit who are receiving secondary education; and]

    (b)

    in relation to an institution within the further education sector, information about the courses of study and other education and training available at the institution;

  • “pupil” means, in relation to a school mentioned in subsection (6)(a), a person receiving education at the school;

  • [F163“relevant phase” has the same meaning as in section 43(5);]

  • “service provider” means a person providing services in pursuance of arrangements made with, or directions given by, the Welsh Ministers under section 10 of the Employment and Training Act 1973, and “services” shall be construed accordingly; and

  • “student” means, in relation to an institution within the further education sector, a person receiving education at the institution.]

Textual Amendments

F158Word in s. 45B heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(7), 82(3); S.I. 2012/1087, art. 3

46 Extension or modification of provisions of [F164ss. 43 to 45] [F164sections 42A to 45] .E+W

(1)The Secretary of State may by regulations extend the scope of operation of section F165[F166... [F167[F16842B,] 43 or 44] [F16742A or 42B, in relation to England] by substituting for the period specified in section F169[F170... [F17142B(9)] 43(5) or 44(10)(a)(i)] [F17042A(6) or 42B(9)]] such other period as is specified.

[F172(1A)The Welsh Ministers may by regulations make provision extending the range of pupils, children and young persons to whom section 43 or 44 applies.

(1B)The regulations may among other things make provision by reference to a description of school specified in the regulations.]

(2)The Secretary of State may by regulations make provision for extending the scope of operation of section [F17343, 44 or] 45 to primary schools or to any specified description of such schools.

[F174(2A)The Secretary of State may by regulations make provision for requiring—

(a)the governing bodies of institutions in England within the further education sector, and

(b)the principals or other heads of such institutions,

to secure that careers guidance is provided for any specified description of persons attending such institutions.]

(3)The Secretary of State may by regulations make provision for requiring—

(a)the governing bodies of institutions [F175in Wales] within the further education sector, and

(b)the principals or other heads of such institutions,

to secure that a programme of careers education is provided for any specified description of persons attending such institutions.

(4)The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).

(5)In this section—

  • “careers education” has the same meaning as in section 43;

  • [F176“careers guidance” has the same meaning as in section 42A;]

  • “specified” means specified in the regulations in question.

Textual Amendments

F166Words in s. 46(1) substituted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(a), 82(3); S.I. 2012/84, art. 3

F174S. 46(2A) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(b), 82(3); S.I. 2012/84, art. 3

F175Words in s. 46(3)(a) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(c), 82(3); S.I. 2012/84, art. 3

F176Words in s. 46(5) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(d), 82(3); S.I. 2012/84, art. 3

Part VIIIU.K. Miscellaneous and general

Exceptional educational provisionU.K.

47 Functions of [F82local authorities] as regards exceptional educational provision.E+W

(1)Section 19 of the M4Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.

(2)In subsection (1) (duty of [F21local authority] to make arrangements for provision of suitable full-time or part-time education, at school or otherwise, for excluded children etc.), the words “full-time or part-time” shall be omitted.

(3)In subsection (4) (power of [F21local authority] to make arrangements for provision of suitable full-time or part-time education, otherwise than at school, for excluded young persons etc.), the words “full-time or part-time” shall be omitted.

(4)After that subsection there shall be inserted—

“(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a [F21local authority] shall have regard to any guidance given from time to time by the Secretary of State.”

Textual Amendments

Marginal Citations

Management committees for pupil referral unitsU.K.

48 Management committees for pupil referral units.E+W

At the end of Schedule 1 to the Education Act 1996 (pupil referral units) there shall be added—

“ Management committees

15(1)Regulations may make provision—

(a)for requiring any [F21local authority] who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b)for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2)Regulations under this paragraph may in particular make provision—

(a)for enabling a [F21local authority] to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b)for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c)as to the composition of a management committee established under the regulations and—

(i)the appointment and removal of its members, and

(ii)their terms of office,

and in particular for requiring such a committee to include persons representing schools (including grant-maintained schools) situated in the area from which the unit or units in question may be expected to draw pupils;

(d)for requiring or (as the case may be) prohibiting the delegation by a [F21local authority] to a management committee of such functions in connection with pupil referral units as are specified in the regulations;

(e)for authorising a management committee to establish sub-committees;

(f)for enabling (subject to any provisions of the regulations) a [F21local authority] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g)for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(h)for applying to any such committee or sub-committee, with or without modification—

(i)any provision of the Education Acts, or

(ii)any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.”

Textual Amendments

Teachers not under contract of employment and persons having access to those under 19U.K.

F17749 Power to make regulations: teachers not under contract of employment and persons having access to those under 19.E+W

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

Textual Amendments

F177S. 49 repealed (31.3.2003 for W. for specified purposes, 1.6.2003 for E., 2.1.2008 for W. so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 71, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Costs of teachers’ premature retirementU.K.

F17850. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Definition of “school”U.K.

51 Definition of “school”.E+W

In section 4 of the Education Act 1996 (definition of “school”), for subsection (1) there shall be substituted—

“(1)In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.”

Compulsory school ageU.K.

52 Commencement of compulsory school age.E+W

(1)Section 8 of the M5Education Act 1996 (compulsory school age) shall be amended in accordance with subsections (2) and (3).

(2)For subsection (2) there shall be substituted—

“(2)A person begins to be of compulsory school age—

(a)when he attains the age of five, if he attains that age on a prescribed day, and

(b)otherwise at the beginning of the prescribed day next following his attaining that age.”

(3)For subsection (4) there shall be substituted—

“(4)The Secretary of State may by order—

(a)provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b)determine the day in any calendar year which is to be the school leaving date for that year.”

F179(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 52, as partially repealed, wholly in force at 1.10.1998; s. 52 not in force at Royal Assent see s. 58(3); s. 52(4) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; s. 52(1)-(3) in force at 1.8.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. III

Marginal Citations

General provisionsE+W+N.I.

53 Stamp duty.E+W+N.I.

(1)Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer effected by virtue of section 30 or 34.

(2)No instrument (other than a statutory instrument) made or executed in pursuance of either of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M6Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M7Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Marginal Citations

[F18053A.Stamp duty land taxE+W+N.I.

(1)For the purposes of stamp duty land tax, a land transaction effected by virtue of section 30 is exempt from charge.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this paragraph—

  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

  • “land transaction return” has the meaning given by section 76(1) of that Act.]

Textual Amendments

54 Orders and regulations.E+W+N.I.

(1)Any power of the Secretary of State to make orders or regulations under this Act F181... shall be exercised by statutory instrument.

(2)A statutory instrument containing any order or regulations under this Act, except an order under section F182... 58, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F183[F184(2A)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any order or 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.

(4)Without prejudice to the generality of subsection (3), any order or regulations under this Act may make in relation to Wales provision different from that made in relation to England.

Subordinate Legislation Made

P1S. 54(3) power partly exercised (3.4.1997): 4.4.1997 appointed for specified provisions by S.I. 1997/1153

s. 54(3) power partly exercised (5.6.1997): different dates appointed for specified provisions by S.I. 1997/1468 (with savings and transitional provisions)

S. 54(3) power partly exercised (24.2.1998): different dates appointed for specified provisions by S.I. 1998/386 (with savings and transitional provisions)

Textual Amendments

F182Words in s. 54(2) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(4)(a); S.I. 2015/1687, art. 2 (with arts. 3-12)

55 Financial provisions.E+W

There shall be paid out of money provided by Parliament—

(a)any sums required for the payment by the Secretary of State of grants under this Act;

(b)any administrative expenses incurred by the Secretary of State in consequence of this Act; and

(c)any increase attributable to this Act in the sums so payable under any other Act.

56 Construction.E+W

(1)In this Act—

  • “prescribed” means prescribed by regulations; and

  • “regulations” means regulations made by the Secretary of State under this Act [F185, except where otherwise stated or where the function of making regulations under this Act has been transferred to the Welsh Ministers in relation to Wales].

(2)This Act shall be construed as one with the M8Education Act 1996.

(3)Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

Textual Amendments

F185Words in s. 56(1) inserted (W.) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 28 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Marginal Citations

57 Minor and consequential amendments, repeals etc.E+W

(1)The minor and consequential amendments set out in Schedule 7 shall have effect.

F186(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The enactments specified in Schedule 8 are repealed to the extent specified.

Textual Amendments

Commencement Information

I2S. 57 partly in force; S. 57(1) partly in force at Royal Assent see s. 58(4); s. 57(4) in force for certain purposes at 4.4.1997 by S.I. 1997/1153, art. 2; s. 57(1)(4) in force for certain purposes at 14.6.1997, 1.9.1997 and 1.10.1997 and s. 57(2)(3) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1, Pts. I, II, III; s. 57(1)(4) in force for certain purposes at 1.9.2001 by S.I. 2001/1215, art. 2

58 Short title, commencement and extent etc.E+W+N.I.

(1)This Act may be cited as the Education Act 1997.

(2)This Act shall be included in the list of Education Acts set out in section 578 of the M9Education Act 1996.

(3)Subject to subsection (4), this Act 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 following provisions come into force on the day on which this Act is passed—

  • F188. . .

  • section 54,

  • paragraph 48(2) of Schedule 7 and section 57(1) so far as relating thereto, and

  • this section.

(5)Subject to subsections (6) and (7), this Act extends to England and Wales only.

(6)The following provisions extend to Northern Ireland—

  • F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • sections [F19235],

  • section 53,

  • section 54,

  • this section,

  • F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

Subordinate Legislation Made

P2S. 58(3) power partly exercised (3.4.1997): 4.4.1997 appointed for specified provisions by S.I. 1997/1153

S. 58(3) power partly exercised (5.6.1997): different dates appointed for specified provisions by S.I. 1997/1468 (with savings and transitional provisions)

S. 58(3) power partly exercised (24.2.1998): different dates appointed for specified provisions by S.I. 1998/386 (with savings and transitional provisions)

P3S. 58(3) power partly exercised (26.3.2001): 1.9.2001 appointed for specified provisions by S.I. 2001/1215, art. 2

Textual Amendments

F188Words in s. 58(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.221, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Marginal Citations

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