Version Superseded: 05/05/2010
Point in time view as at 01/09/2013. This version of this provision has been superseded.
Education Act 2002, Section 141 is up to date with all changes known to be in force on or before 06 March 2025. 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.
(1)Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.
(2)This section applies to an activity of a prescribed kind performed in the course of the provision of education at—
(a)a school, or
(b)a further education institution.
(3)This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—
(a)otherwise than in a school or a further education institution, and
(b)under a contract of employment or for services where the other party is a [F1local authority] or a person exercising a function relating to the provision of education on behalf of a [F1local authority].
(4)This section also applies to an activity of a prescribed kind (other than the provision of education) where—
(a)the activity is carried out by a person under a contract of employment or for services,
[F2(b)the other party to the contract is—
(i)a local authority which entered into the contract for purposes connected with any of their education functions,
(ii)the governing body of a school, or
(iii)a further education institution,]
(c)the activity regularly brings the person into contact with children.
(5)In this section—
“child” means a person who has not attained the age of 18 years,
“education” includes vocational, social, physical and recreational training,
“further education institution” has the meaning given by section 140, and
“school” means—
a school maintained by a [F1local authority], or
a special school not so maintained.
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), art. 1, Sch. 2 para. 11(2)
F2S. 141(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(9)
Commencement Information
I1S. 141 partly in force; s. 141 not in force at Royal Assent, see s. 216; s. 141 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
I2S. 141 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3
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