Education Act 1997

Part VII U.K. Careers education and guidance

43 Provision of careers education in schools. E+W

(1) All registered pupils at a school 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—

[F1 (a) community, foundation and voluntary schools;]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (c) community or foundation special schools (other than those established in hospitals);]

(d) city technology colleges [F4 , city colleges for the technology of the arts and [F5 Academies]]; and

(e) pupil referral units.

[F6 (2A) Subsection (2B) applies where, in the course of a programme of careers education provided, in pursuance of subsection (1), to registered pupils at a school in England falling within subsection (2)(a), (c) or (e), information or advice is given which—

(a) relates to any options available in respect of 16-18 education or training, or otherwise relates to the pursuit of particular careers (at any age), or

(b) relates to decisions or other steps to be taken in connection with any such options or careers.

(2B) Any such information must be presented in an impartial manner, and—

(a) any such advice must be advice which the person giving it considers will promote the best interests of the pupils concerned, and

(b) accordingly, in giving the advice, that person must not seek to promote, contrary to the pupils' best interests, the interests or aspirations of the school or of other persons or institutions.]

(3) It is the duty of each of the following to secure that subsection (1) [F7 (and, where applicable, subsection (2B)) ] 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,

(b) in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher, and

(c) in the case of a pupil referral unit, the [F8 local authority] maintaining the unit and the teacher in charge of it.

(4) Each of sections 496 and 497 of the M1 Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.

(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;

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

  (a)

  the teaching group in which he is regularly taught, or

  (b)

  if he 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.

• [F9 “16-18 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”, in connection with registered pupils at schools in England, 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 such a pupil).]

Textual Amendments

F1 S. 43(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 217(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2 S. 43(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 217(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3 S. 43(2)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 217(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4 Words in s. 43(2)(d) substituted (28.7.2000 and 1.9.2001 for E. for specified purposes and otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 71; S.I. 2001/654, art. 2, Sch. Pt. III

F5 Words in s. 43(2)(d) substituted (26.7.2002) by Education Act 2002 (c. 32), s. 65(3), Sch. 7 Pt. 2 para. 8 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F6 S. 43(2A)(2B) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(2)(a), 173(4); S.I. 2009/1513, art. 3

F7 Words in s. 43(3) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(2)(b), 173(4); S.I. 2009/1513, art. 3

F8 Words 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. 8(2)

F9 Words in s. 43(6) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(2)(c), 173(4); S.I. 2009/1513, art. 3

Modifications etc. (not altering text)

C1 Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2

C2 S. 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)}

C3 S. 43 extended (E.) (1.9.2004) by Education (Extension of Careers Education) (England) Regulations 2003 (S.I. 2003/2645), regs. 1(1), 2

Marginal Citations

M1 1996 c. 56.

44 Schools and other institutions 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 [F10 the 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 listed in section 43(2)(a) to (d); and

(b) institutions within the further education sector.

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

(a) in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b) in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(10) For the purposes of this section—

(a) a pupil at a school 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

(b) a person is a relevant student at an institution 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 M2 Employment 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

F10 Words 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

Modifications etc. (not altering text)

C4 Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2

Marginal Citations

M2 1973 c. 35.

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 listed in section 43(2)(a) to (d); and

(b) institutions within the further education sector

[F11 and, in the case of any such school in England, the reference in subsection (1) to persons attending it is a reference to persons who are registered pupils there.]

[F12 (2A) Subsection (2B) applies where registered pupils at a school in England falling within section 43(2)(a) or (c) are provided, in pursuance of subsection (1), with access to materials of the kinds mentioned in that subsection.

(2B) The materials, taken as a whole, must present the pupils with (so far as relevant to them) a full range of—

(a) options available in respect of 16-18 education or training, and

(b) other options available to them (at any age) in terms of career opportunities,

and must not unduly promote any particular options over any others.]

(3) It is the duty of each of the following to secure that subsection (1) [F13 (and, where applicable, subsection (2B))] is complied with, namely—

(a) in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b) in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(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 M3 Employment and Training Act 1973.

(5) In this section “career” [F14 “careers education” and “16-18 education or training”] have the same meaning as in section 43.

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

Textual Amendments

F11 Words in s. 45(2) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(3)(a), 173(4); S.I. 2009/1513, art. 3

F12 S. 45(2A)(2B) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(3)(b), 173(4); S.I. 2009/1513, art. 3

F13 Words in s. 45(3) inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(3)(c), 173(4); S.I. 2009/1513, art. 3

F14 Words in s. 45(5) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(3)(d), 173(4); S.I. 2009/1513, art. 3

Marginal Citations

M3 1973 c. 35.

[F15 45A Guidance as to discharge of duties U.K.

(1) The persons responsible for discharging a relevant duty in relation to a school in England falling within section 43(2)(a), (c) or (e) 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 any of sections 43(3), 44(9) and 45(3).]

Textual Amendments

F15 S. 45A inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(4), 173(4); S.I. 2009/1513, art. 3

[F16 45B Provision of curriculum information 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); 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 during the relevant phase of their 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;

• “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

F16 S. 45B inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 45(2), 49(2); S.I. 2009/3174, art. 2(1)(p)

46 Extension or modification of provisions of ss. 43 to 45. E+W

(1) The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.

(2) The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.

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

(a) the governing bodies of institutions 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;

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