Education and Inspections Act 2006

Part 1 E+W Education functions of local authorities

1 Duties in relation to high standards and the fulfilment of potential E+W

For section 13A of EA 1996 substitute—

“13A Duty to promote high standards and the fulfilment of potential

(1) A [F1 local authority] shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a) promoting high standards,

(b) in the case of a [F1 local authority] in England, ensuring fair access to educational opportunity, and

(c) promoting the fulfilment by every child concerned of his educational potential.

(2) This section applies to education for—

(a) children of compulsory school age (whether at school or otherwise); and

(b) children under or over that age who are registered as pupils at schools maintained by the authority,

and in subsection (1) “functions” means functions of whatever nature.

(3) In this section “child” means a person under the age of 20.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I1 S. 1 in force at 25.5.2007 for E. by S.I. 2007/935, art. 6(a)

I2 S. 1 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

2 Duties in relation to diversity and choice E+W

In section 14 of EA 1996 (functions of [F1 local authorities] in relation to the provision of primary and secondary education) after subsection (3) insert—

“(3A) A [F1 local 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.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I3 S. 2 in force at 25.5.2007 by S.I. 2007/935, art. 7(a)

3 Duty to consider parental representations E+W

After section 14 of EA 1996 insert—

“14A Duty of [F1 local authority] to consider parental representations

(1) Where a [F1 local 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 [F1 local 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 [F1 local 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 [F1 local authority] must have regard to any guidance given from time to time by the Secretary of State.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I4 S. 3 in force at 25.5.2007 by S.I. 2007/935, art. 7(a)

4 Duty to identify children not receiving education E+W

(1) In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—

“Children not receiving suitable education E+W

436A Duty to make arrangements to identify children not receiving education

(1) A [F1 local authority] must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—

(a) are not registered pupils at a school, and

(b) are not receiving suitable education otherwise than at a school.

(2) In exercising their functions under this section a [F1 local authority] must have regard to any guidance given from time to time by the Secretary of State.

(3) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.”

(2) In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.

(3) In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “ section 436A(3) ”.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I5 S. 4 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(a)

I6 S. 4 in force at 1.9.2009 for W. by S.I. 2009/1027, art. 3(a)

F2 5 School improvement partners E+W

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

Textual Amendments

F2 S. 5 repealed (15.11.2011) by Education Act 2011 (c. 21), ss. 33(1), 82(1)(a)

6 Functions in respect of youth work, recreation etc E+W

(1) Before section 508 of EA 1996 (functions of [F3 local authority] in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert—

“507A [F3 “Local authorities] in England: functions in respect of recreational and training facilities for children under 13

(1) A [F1 local authority] in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.

(2) For the purposes of subsection (1) a [F1 local authority] may—

(a) establish, maintain and manage, or assist the establishment, maintenance and management of—

(i) camps, holiday classes, playing fields, play centres, and

(ii) other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;

(b) organise games, expeditions and other activities for such persons; and

(c) defray, or contribute towards, the expenses of such games, expeditions and other activities.

(3) When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a [F1 local authority] must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

507B [F3 Local authorities] in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24

(1) A [F1 local authority] in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—

(a) sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and

(b) sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.

(2) “Qualifying young persons”, for the purposes of this section, are—

(a) persons who have attained the age of 13 but not the age of 20; and

(b) persons who have attained the age of 20 but not the age of 25 and have a learning difficulty (within the meaning of section 13(5)(a) and (6) of the Learning and Skills Act 2000).

(3) For the purposes of subsection (1)(a)—

(a) “sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and

(b) “sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.

(4) References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).

(5) For the purposes of subsection (1) a [F1 local authority] may —

(a) provide facilities for positive leisure-time activities;

(b) assist others in the provision of such facilities;

(c) make arrangements for facilitating access for qualifying young persons to such facilities;

(d) organise positive leisure-time activities;

(e) assist others in the organisation of such activities;

(f) make arrangements for facilitating access for qualifying young persons to such activities;

(g) enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);

(h) take any other action which the authority think appropriate.

(6) For the purposes of subsection (5)—

(a) the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;

(b) the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;

(c) the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.

(7) Before taking any action for the purposes of subsection (1) (“the proposed action”), a [F1 local authority] must—

(a) consider whether it is expedient for the proposed action to be taken by another person, and

(b) where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.

(8) For the purposes of subsection (7)(a) a [F1 local authority] must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.

(9) In exercising their functions under this section a [F1 local authority] must—

(a) take steps to ascertain the views of qualifying young persons in the authority's area about—

(i) positive leisure-time activities, and facilities for such activities, in the authority's area;

(ii) the need for any additional such activities and facilities; and

(iii) access to such activities and facilities; and

(b) secure that the views of qualifying young persons in the authority's area are taken into account.

(10) A [F1 local authority] in England must—

(a) publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and

(b) keep the information publicised under paragraph (a) up to date.

(11) A [F1 local authority] may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).

(12) In exercising their functions under this section a [F1 local authority] must have regard to any guidance given from time to time by the Secretary of State.

(13) In this section—

• “recreation” includes physical training (and “recreational” is to be construed accordingly);

• “sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;

• “well-being”, in relation to a person, means his well-being so far as relating to—

  (a)

  physical and mental health and emotional well-being;

  (b)

  protection from harm and neglect;

  (c)

  education, training and recreation;

  (d)

  the contribution made by him to society;

  (e)

  social and economic well-being.”

(2) Schedule 1 contains amendments related to the provision made by subsection (1).

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I7 S. 6 in force at 8.1.2007, see s. 188(2)

Part 2 E+W Establishment, discontinuance or alteration of schools

Establishment of new schools E+W

[F4 6A Requirement to seek proposals for establishment of new Academies E+W

(1) If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy.

(2) The local authority must specify a date by which any proposals sought under subsection (1) must be submitted to them.

(3) After the specified date, the local authority must notify the Secretary of State—

(a) of the steps they have taken to seek proposals for the establishment of an Academy, and

(b) of any proposals submitted to them as a result before the specified date, or of the fact that no such proposals have been submitted to them before that date.

(4) A notification under subsection (3) must—

(a) identify a possible site for the Academy, and

(b) specify such matters as may be prescribed.]

Textual Amendments

F4 S. 6A inserted (1.2.2012 for specified purposes, 1.9.2012 for specified purposes) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 2; S.I. 2012/84, art. 3 (with art. 4); S.I. 2012/2213, art. 2

7 Invitation for proposals for establishment of new schools E+W

(1) A [F1 local authority] in England may [F5 with the consent of the Secretary of State] publish a notice under this section inviting proposals from persons other than [F1 local authorities] for the establishment of any new school falling within subsection (2).

(2) The schools falling within this subsection are—

(a) a foundation, voluntary or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or

(b) an [F6 Academy school].

(3) A notice under this section must—

(a) identify a possible site for the school,

(b) state whether or not the proposed school is to be a special school,

(c) specify a date, being a date after the prescribed interval, by which proposals must be submitted,

(d) specify such other matters as may be prescribed, and

(e) be published in the prescribed manner.

(4) Proposals made pursuant to a notice under this section must—

(a) contain the prescribed information, and

(b) be submitted to the [F1 local authority] before the date specified in the notice.

(5) After the date specified in a notice published by a [F1 local authority] under this section, the authority—

(a) must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4),F7 ...

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulations may prescribe—

(a) the time within which proposals under this section must be published, [F9 and ]

(b) the manner in which they must be published, F10 ...

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F5 Words in s. 7(1) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(a); S.I. 2012/84, art. 3 (with art. 4)

F6 Words in s. 7(2)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(2); S.I. 2012/924, art. 2

F7 S. 7(5)(b) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(b); S.I. 2012/84, art. 3 (with art. 4)

F8 S. 7(5A) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(c); S.I. 2012/84, art. 3 (with art. 4)

F9 Word in s. 7(6)(a) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(d); S.I. 2012/84, art. 3 (with art. 4)

F10 S. 7(6)(c) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(d); S.I. 2012/84, art. 3 (with art. 4)

Modifications etc. (not altering text)

C1 S. 7 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7 Pt. 1

C2 S. 7 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 1

Commencement Information

I8 S. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

[F11 7A Withdrawal of notices under section 7 E+W

(1) This section applies where a local authority have published a notice under section 7.

(2) At any time before the date specified in the notice—

(a) the local authority may withdraw it, with the consent of the Secretary of State, or

(b) the Secretary of State may direct the local authority to withdraw it.]

Textual Amendments

F11 S. 7A inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 4; S.I. 2012/84, art. 3 (with art. 4)

F12 8 Proposals under section 7 relating to community or community special schools E+W

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

Textual Amendments

F12 S. 8 repealed (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 5; S.I. 2012/84, art. 3 (with art. 4)

Commencement Information

I9 S. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

9 Consultation and publicity in relation to notice and proposals under section 7 E+W

(1) Before publishing a notice under section 7, the [F1 local authority] must consult such persons as appear to the authority to be appropriate; and in discharging their duty under this subsection the authority must have regard to any guidance given from time to time by the Secretary of State.

(2) Regulations may require the [F1 local authority] to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under section 7.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I10 S. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

10 Publication of proposals with consent of Secretary of State E+W

(1) A [F1 local authority] in England may with the consent of the Secretary of State publish under this section their proposals to establish [F13 a new community, community special, foundation or foundation special school, which—

(a) is not to be one providing education suitable only to the requirements of persons above compulsory school age, and

(b) is to replace one or more maintained schools, except where section 11(A2) applies or in a case within section 11(A3).]

(2) Any persons (“proposers”) may with the consent of the Secretary of State publish under this section their proposals to establish (otherwise than pursuant to a notice under section 7) a new foundation, voluntary [F14 controlled] or foundation special school in England other than—

(a) one providing education suitable only to the requirements of persons above compulsory school age, or

(b) one in relation to which proposals fall to be published under section 11 by virtue of subsection [F15 (2)] of that section.

(3) Proposals under this section must—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

(4) Before publishing any proposals under this section, the [F1 local authority] or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

(5) Where any proposals are published under subsection (2), the proposers must submit the proposals in accordance with regulations to the [F1 local authority] who it is proposed should maintain the school.

(6) Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F13 Words in s. 10(1) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 6(2); S.I. 2012/84, art. 3 (with art. 4)

F14 Word in s. 10(2) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 6(3)(a); S.I. 2012/84, art. 3 (with art. 4)

F15 Word in s. 10(2)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 6(3)(b); S.I. 2012/84, art. 3 (with art. 4)

Modifications etc. (not altering text)

C3 S. 10 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7 Pt. 2

C4 S. 10 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 2

Commencement Information

I11 S. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

11 Publication of proposals to establish maintained schools: special cases E+W

[F16 (A1) Subsection (A2) applies where a local authority in England publish a notice under section 7 (notice inviting proposals for establishment of new schools), and—

(a) no proposals are made pursuant to the notice, or

(b) proposals are made pursuant to the notice but none of the proposals are approved under Schedule 2 or result in Academy arrangements being entered into.

(A2) The local authority may publish under this section proposals of their own to establish a new community, community special, foundation or foundation special school, which is not to be one providing education suitable only to the requirements of persons above compulsory school age.

(A3) Where a local authority in England propose to establish a new community, community special, foundation or foundation special school, which—

(a) is to be a primary school, and

(b) is to replace a maintained infant school and a maintained junior school,

the authority must publish their proposals under this section.]

(1) Where a [F1 local authority] in England propose to establish—

(a) a new maintained nursery school, or

F17 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the authority must publish their proposals under this section.

[F18 (1A) Where any persons (“proposers”) propose to establish a new voluntary aided school in England, they may publish their proposals under this section.]

(2) Where any persons (“proposers”) propose to establish a new foundation, voluntary [F19 controlled] or foundation special school in England which—

F20 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (aa) is to replace one or more foundation or voluntary schools which have a religious character,]

(b) is to replace an independent school that is not an Academy, a city technology college or a city college for the technology of the arts, or

(c) in the case of a new foundation special school, is to replace a non-maintained special school,

they must publish their proposals under this section.

[F22 (2A) For the purposes of subsection (2)(aa), a new foundation or voluntary controlled school replaces a foundation or voluntary school which has a religious character if it is proposed that the new school—

(a) should have the same religious character,

(b) should have a different religious character, or

(c) should not have a religious character.]

(3) A new foundation, voluntary [F23 controlled] or foundation special school is not to be regarded for the purposes of subsection (2)(b) as replacing an independent school unless—

(a) the independent school has been registered under [F24 Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England)] for a continuous period of at least two years ending with the date of the publication of the proposals under this section, and

(b) it is proposed that the independent school should continue in existence but should then close as an independent school immediately before the proposals are implemented.

(4) A new foundation special school is not to be regarded for the purposes of subsection (2)(c) as replacing a non-maintained special school unless—

(a) the non-maintained special school has been approved under section 342 of EA 1996 (approval of non-maintained special schools) for a continuous period of at least two years ending with the date of the publication of the proposals, and

(b) it is proposed that the non-maintained special school should continue in existence but should then close as a non-maintained special school immediately before the proposals are implemented.

(5) Proposals under this section must—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

(6) Before publishing any proposals under this section, the authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

(7) Where any proposals are published under subsection [F25 (1A) or] (2), the proposers must submit the proposals in accordance with regulations to the [F1 local authority] who it is proposed should maintain the school.

(8) Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

(9) [F26 In this section “non-maintained special school” means a school which is [F27 approved] under section 342 of EA 1996.]

[F26 In this section—

• “maintained infant school” means a maintained school that provides primary education suitable to the requirements of children of compulsory school age who have not attained the age of 8;

• “maintained junior school” means a maintained school that provides primary education suitable to the requirements of junior pupils who have attained the age of 7;

• “non-maintained special school” means a school which is approved under section 342 of EA 1996.]

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F16 S. 11(A1)-(A3) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(2); S.I. 2012/84, art. 3 (with art. 4)

F17 S. 11(1)(b) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 126(5), 269(4), Sch. 16 Pt. 3; S.I. 2009/3317, art. 2, Sch.

F18 S. 11(1A) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(3); S.I. 2012/84, art. 3 (with art. 4)

F19 Word in s. 11(2) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(4)(a); S.I. 2012/84, art. 3 (with art. 4)

F20 S. 11(2)(a) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 126(5), 269(4), Sch. 16 Pt. 3; S.I. 2009/3317, art. 2, Sch.

F21 S. 11(2)(aa) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(4)(b); S.I. 2012/84, art. 3 (with art. 4)

F22 S. 11(2A) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(5); S.I. 2012/84, art. 3 (with art. 4)

F23 Word in s. 11(3) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(6); S.I. 2012/84, art. 3 (with art. 4)

F24 Words in s. 11(3)(a) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 38(2); S.I. 2014/3364, art. 2(z)

F25 Words in s. 11(7) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(7); S.I. 2012/84, art. 3 (with art. 4)

F26 S. 11(9) substituted (1.2.2012 for certain purposes) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(8); S.I. 2012/84, art. 3 (with art. 4)

F27 Word in s. 11(9) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 38(3); S.I. 2014/3364, art. 2(z)

Modifications etc. (not altering text)

C5 S. 11 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7 Pt. 2

C6 S. 11 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 2

Commencement Information

I12 S. 11 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

12 Establishment of school as federated school E+W

(1) Proposals under—

(a) section 7, 10 or 11, or

F28 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the establishment of a new [F29 maintained] school in England may relate to the establishment of the school as a federated school.

(2) In this section “federated school” has the meaning given by section 24(2) of EA 2002.

Textual Amendments

F28 S. 12(1)(b) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 57, Sch. 2 Pt. 1 (with art. 2(3))

F29 Word in s. 12(1) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 9; S.I. 2012/84, art. 3 (with art. 4)

Commencement Information

I13 S. 12 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

13 Schools established outside area of relevant [F3 local authority] E+W

Regulations may modify the provisions of sections 7 to 12 and Schedule 2 in their application to cases where—

(a) in the case of proposals published under section 7, the school is proposed to be established in an area in England other than that of the [F1 local authority] who published the notice under that section, or

(b) in the case of proposals published under section 10 or 11, the school is proposed to be established in an area in England other than that of the [F1 local authority] who it is proposed should maintain the school.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Modifications etc. (not altering text)

C7 S. 13 modified (E.) (11.3.2009) by The Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/276), regs. 1(1), 3(4) (with reg. 1(2))

Commencement Information

I14 S. 13 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

14 [F3 Local authority] in England not to establish school in Wales E+W

No proposals may be published under this Part or any other enactment for the establishment of a school in Wales which is proposed to be maintained by a [F1 local authority] in England.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I15 S. 14 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

Discontinuance of schools E+W

15 Proposals for discontinuance of schools maintained by [F1 local authority] E+W

(1) Where a [F1 local authority] in England propose to discontinue—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school, or

(c) a maintained nursery school,

the authority must publish their proposals under this section.

(2) Where the governing body of—

(a) a foundation or voluntary school in England, or

(b) a foundation special school in England,

propose to discontinue the school, the governing body must publish their proposals under this section.

(3) Proposals under this section must—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

(4) The matters to which the relevant body must have regard in formulating any proposals under this section in relation to a rural primary school include—

(a) the likely effect of the discontinuance of the school on the local community,

(b) the availability, and likely cost to the [F1 local authority], of transport to other schools,

(c) any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

(d) any alternatives to the discontinuance of the school;

and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.

(5) Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the [F1 local authority].

(6) Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.

(7) In this section—

(a) “the relevant body” means the [F1 local authority] mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);

(b) “rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.

(8) In this Part any reference to a [F1 local authority]—

(a) discontinuing a school, or

(b) implementing proposals to discontinue a school (whether published by the authority or the governing body),

is a reference to the authority ceasing to maintain the school.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Modifications etc. (not altering text)

C8 Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I16 S. 15 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

16 Consultation in relation to proposals under section 15 E+W

(1) Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—

(a) the registered parents of registered pupils at the school,

(b) in the case of the rural primary school—

(i) the [F1 local authority] (where they are not the relevant body),

(ii) where the [F1 local authority] are a county council, any district council for the area in which the school is situated, and

(iii) any parish council for the area in which the school is situated,

(c) in the case of a community or foundation special school, any [F1 local authority] which maintain [F30 an EHC plan or] a statement under section 324 of EA 1996 (statement of special educational needs) in respect of a registered pupil at the school, and

(d) such other persons as appear to the relevant body to be appropriate.

(2) Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.

(3) In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.

(4) In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F30 Words in s. 16(1)(c) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 81; S.I. 2014/889, art. 7(a)

Modifications etc. (not altering text)

C8 Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I17 S. 16 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

17 Direction requiring discontinuance of community or foundation special school E+W

(1) The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the [F1 local authority] by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.

(2) A direction under subsection (1) may require the [F1 local authority] to notify any persons or class of persons specified in the direction.

(3) Before giving a direction under subsection (1), the Secretary of State must consult—

(a) the [F1 local authority],

(b) any other [F1 local authority] who would in his opinion be affected by the discontinuance of the school,

(c) in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and

(d) such other persons as the Secretary of State considers appropriate.

(4) On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(5) Where a [F1 local authority] are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Modifications etc. (not altering text)

C8 Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1

C9 S. 17 modified (E.) (11.3.2009) by The Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/276), regs. 1(1), 3(4) (with reg. 1(2))

Commencement Information

I18 S. 17 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

Alterations to schools E+W

18 Alterations that may be made under section 19 E+W

(1) Regulations may prescribe alterations to maintained schools that may be implemented in pursuance of proposals published under section 19.

(2) The prescribed alterations must include any alteration that involves one or more of the following—

(a) in the case of a school falling within any of the categories set out in section 20(1) of SSFA 1998, any change in the category within which the school falls (other than a change prevented by subsection (4)(c) to (f) of this section),

(b) the acquisition by a foundation or foundation special school of a foundation established otherwise than under SSFA 1998, and

(c) in the case of a school whose instrument of government does not provide for a majority of the governing body to be foundation governors, any change in the instrument of government which results in the majority of governors being foundation governors.

(3) The prescribed alterations may include other alterations of any nature (other than those prevented by subsection (4)).

(4) None of the following alterations may be made to a maintained school—

(a) any change in the religious character of the school;

(b) any change whereby the school would acquire or lose a religious character;

(c) any change of category from foundation or voluntary school to community school;

(d) any change of category from foundation special school to community special school;

(e) any change of category from mainstream school to community or foundation special school or from community or foundation special school to mainstream school;

(f) any change from maintained nursery school to any other kind of maintained school, or from any other kind of maintained school to maintained nursery school.

(5) In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.

Commencement Information

I19 S. 18(1)-(3) in force at 1.4.2007 by S.I. 2007/935, art. 5(b)

I20 S. 18(4)(5) in force at 25.5.2007 by S.I. 2007/935, art. 7(c)

19 Publication of proposals for alteration of school E+W

(1) Where—

(a) the [F1 local authority] propose to make a prescribed alteration to a maintained school, and

(b) the prescribed alteration is one that under subsection (2) is capable of being proposed by a [F1 local authority],

the authority must publish their proposals under this section.

(2) A prescribed alteration is capable of being proposed by a [F1 local authority] if—

(a) in the case of a community school, a community special school or a maintained nursery school, it is an alteration designated by regulations under this subsection as one capable of being proposed by the [F1 local authority],

(b) in the case of a foundation or voluntary school, it consists of any one or more of the following—

(i) an enlargement of the premises,

(ii) an increase in the number of pupils in any relevant age group,

(iii) the establishment or discontinuance of educational provision for pupils with special educational needs, and

(iv) the establishment of educational provision suitable to the requirements of pupils over compulsory school age, and

(c) in the case of a foundation special school, it consists of any one or more of the following—

(i) an enlargement of the premises,

(ii) an increase in the number of pupils for whom the school is organised to make provision, and

(iii) a change in the type of special educational needs for which the school is organised to make provision.

(3) Where—

(a) the governing body of a maintained school propose to make a prescribed alteration to the school, and

(b) in the case of a community school, a community special school or a maintained nursery school, the prescribed alteration is designated by regulations under this subsection as one capable of being proposed by the governing body,

the governing body must publish their proposals under this section.

(4) If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), they must publish proposals under this section for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.

(5) This section has effect subject to section 20.

(6) In this section—

• “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18;

• “relevant age group” has the same meaning as in SSFA 1998.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I21 S. 19 in force at 25.5.2007 by S.I. 2007/935, art. 7(d)

20 Restriction on power of governing body to publish foundation proposals E+W

(1) The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—

(a) the trustees of the school, and

(b) the person or persons by whom the foundation governors are appointed.

TABLE

School	Prescribed alteration
1. A foundation school which, immediately before the commencement date, was a foundation school having a foundation.	A relevant change in the instrument of government.
2. A voluntary school.	A change of category from voluntary controlled school or voluntary aided school to foundation school.
3. A foundation school which, having been a voluntary school immediately before the commencement date, changed category to foundation school on or after that date.	A relevant change in the instrument of government.

(2) For the purposes of this section, a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

(3) In this section—

• “the commencement date” means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;

• “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

Commencement Information

I22 S. 20 in force at 25.5.2007 by S.I. 2007/935, art. 7(d)

21 Proposals under section 19: procedure E+W

(1) Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).

(2) The provision that may be made includes provision—

(a) about the information to be included in, or provided in relation to, the proposals;

(b) about consultation on the proposals;

(c) about the manner in which proposals are to be published under section 19;

(d) for the making of objections to or comments on the proposals;

(e) requiring the proposals to be considered with related proposals published under section 19 or any other enactment;

(f) for the consideration and determination of the proposals by a prescribed person (who may be the person who published the proposals);

(g) for the referral of proposals to the adjudicator in prescribed cases for consideration and determination by him (instead of by a person prescribed by virtue of paragraph (f));

(h) for the referral of proposals to the adjudicator, at the request of a prescribed person, after their initial determination by a person other than the adjudicator;

(i) for the approval of proposals with or without modification;

(j) for the making in prescribed cases of a conditional approval;

(k) for the withdrawal of proposals;

(l) as to the manner in which, and time within which, anything required or authorised by the regulations must be done.

(3) The regulations may confer functions on the [F1 local authority], on any other [F1 local authority] affected by the proposals, on the governing body of the school concerned and on the adjudicator.

(4) Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.

(5) In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the [F1 local authority] or the adjudicator to make a transitional exemption order for the purposes of [F31 paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational)], and to vary or revoke any order so made.

(6) The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F31 Words in s. 21(5) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 93 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2))

Commencement Information

I23 S. 21 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)

22 Right of governing body to determine own foundation proposals E+W

(1) Subsection (3) applies to proposals which are published under section 19 by the governing body of a community, voluntary controlled or community special school and relate only to—

(a) a change of category from community or voluntary controlled school to foundation school, without the acquisition of a foundation or a relevant change in the instrument of government, or

(b) a change of category from community special school to foundation special school, without the acquisition of a foundation.

(2) For the purposes of this section a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

(3) In relation to proposals to which this subsection applies, regulations under section 21—

(a) must provide for the proposals to be determined by the governing body, and

(b) may not make any provision under subsection (2)(g) or (h) of that section enabling the proposals to be referred to the adjudicator.

(4) Subsection (5) applies to—

(a) proposals which are published under section 19 by the governing body of a community or voluntary controlled school and relate only to a change of category from community or voluntary controlled school to foundation school, together with the acquisition of a foundation or a relevant change in the instrument of government (or both),

(b) proposals which are published under that section by the governing body of a community special school and relate only to a change of category from community special school to foundation special school, together with the acquisition of a foundation or together with both the acquisition of a foundation and a relevant change in the instrument of government, and

(c) proposals which are published under that section by the governing body of a foundation or foundation special school and relate only to the acquisition of a foundation or a relevant change in the instrument of government (or both).

(5) In relation to proposals to which this subsection applies, regulations under section 21—

(a) must provide for the proposals to be determined by the governing body unless the [F1 local authority] exercise the right conferred on them by regulations made by virtue of section 23(1), and

(b) may not make any provision under subsection (2)(g) or (h) of section 21 enabling a person other than the [F1 local authority] to require the proposals to be referred to the adjudicator.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I24 S. 22 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)

23 Rights of interested bodies in relation to proposals under section 21 E+W

(1) Any regulations under section 21 which enable any proposals falling within subsection (2) which are published by the governing body of the school to which they relate to be determined by the governing body must include provision by virtue of subsection (2)(g) of that section enabling the [F1 local authority] to require the proposals to be referred to the adjudicator.

(2) Proposals fall within this section if the proposed alteration would result in a community, voluntary controlled or foundation school or community or foundation special school becoming either or both of the following—

(a) a foundation or foundation special school having a foundation established otherwise than under SSFA 1998;

(b) a foundation or foundation special school whose instrument of government provides for the majority of governors to be foundation governors.

(3) Regulations under section 21 may restrict the matters to which a [F1 local authority] may have regard in deciding whether to require proposals to be referred to the adjudicator in accordance with provision included in the regulations by virtue of subsection (1).

(4) If regulations under section 21 provide for any proposals, other than proposals to which section 22(3) or (5) applies, to be determined by a person other than the adjudicator, the regulations must include provision by virtue of section 21(2)(h) enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the other person—

(a) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the authority,

(b) the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the authority, and

F32 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If regulations under section 21 provide for any proposals published by a [F1 local authority] in relation to a foundation or voluntary school or a foundation special school to be determined by the [F1 local authority], the regulations must include provision by virtue of subsection (2)(h) of that section enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the authority—

(a) the governing body of the school, and

(b) the trustees of the school.

(6) In this section “proposals” means proposals under section 19.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F32 S. 23(4)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 58, Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I25 S. 23 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)

24 Proposals under section 19: implementation E+W

(1) Regulations may make provision in connection with the implementation of—

(a) proposals under section 19 which have been approved in accordance with regulations under section 21, or

(b) proposals under section 19 in respect of which approval in accordance with those regulations is not required, and which the person making the proposals has determined to implement.

(2) Regulations under this section may, in particular—

(a) enable a prescribed person to determine in prescribed cases that proposals are not to be implemented or are to be implemented with modifications,

(b) enable prescribed matters relating to the implementation of proposals to be referred to the adjudicator in prescribed cases, and

(c) make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.

(3) Regulations under this section relating to an alteration falling within subsection (2)(a), (b) or (c) of section 18 may include provision with respect to—

(a) the revision or replacement of the school's instrument of government and the reconstitution of its governing body,

(b) the transfer of property, rights and liabilities (including such a transfer to or from a foundation body or trustees),

(c) the transfer of staff, and

(d) any transitional matters.

(4) Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may, in particular, make provision with respect to—

(a) restricting the disposal by a local authority of land which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under section 19, as from—

(i) the date of publication of such proposals, or

(ii) such other time as may be prescribed,

(b) restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent,

(c) the consequences of any contravention of any such restriction as is mentioned in paragraph (a) or (b), and

(d) conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.

(5) Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may also make provision with respect to—

(a) the division and apportionment of property, rights and liabilities any part of which fall to be transferred by or under the regulations where the property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or for the purposes of one or more schools and for other purposes,

(b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer,

(c) identifying and defining the property, rights and liabilities which fall to be transferred,

(d) requiring prescribed persons to enter into agreements and execute instruments,

(e) the resolution of disputes relating to a transfer,

(f) the construction of agreements,

(g) the position of third parties affected by a transfer,

(h) the production or delivery of documents, or the provision of information, by a prescribed person to another prescribed person, and

(i) enabling a certificate issued by a prescribed person to be conclusive evidence as to whether or not any property, rights or liabilities were transferred by virtue of the regulations.

(6) Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

(7) Regulations under this section may, in particular, make provision corresponding to that made by, or that which may be made by regulations under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of proposals for establishment or discontinuance).

(8) A school's change of category in pursuance of proposals published under section 19 is not to be taken as authorising any change in the religious character of the school, or the acquisition or loss of religious character.

[F33 (9) In subsection (4) “local authority” includes a non-metropolitan district council for an area for which there is a county council.]

Textual Amendments

F33 S. 24(9) inserted (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. 14(4)

Commencement Information

I26 S. 24 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)

Removal of foundation or reduction in foundation governors E+W

25 Proposals for removal of foundation or reduction in foundation governors E+W

(1) This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.

(2) Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.

(3) Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 24.

(4) The governing body of any foundation or foundation special school to which this section applies may at any time publish proposals under this section for either or both of the following alterations to the school—

(a) the removal of the foundation, or

(b) the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors.

(5) A prescribed proportion of the governors of a foundation or foundation special school to which this section applies may in the prescribed manner require the governing body of the school to publish proposals under this section for either or both of the alterations mentioned in subsection (4).

(6) Subsection (5) does not require the governing body of a foundation or foundation special school to publish proposals under this section—

(a) at any time within a prescribed period beginning with the date on which—

(i) proposals for the establishment of the school were implemented under Schedule 2, or

(ii) proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24, or

(b) at any time within a prescribed period beginning with the date on which previous proposals published under this section in pursuance of a requirement under subsection (5) were rejected by the governing body in accordance with regulations under section 26.

(7) In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).

(8) In this section “foundation” means a foundation established otherwise than under SSFA 1998.

Commencement Information

I27 S. 25(1)-(4) (8) in force at 25.5.2007 by S.I. 2007/935, art. 7(e)

I28 S. 25(5)-(7) in force at 1.4.2007 by S.I. 2007/935, art. 5(d)

26 Proposals under section 25: procedure E+W

(1) Regulations may make provision about the publication and determination of proposals under section 25.

(2) The provision that may be made includes provision—

(a) about the information to be included in, or provided in relation to, the proposals;

(b) about consultation on the proposals;

(c) about the manner in which proposals are to be published under section 25;

(d) for the making of objections to or comments on the proposals;

(e) for the withdrawal of proposals in prescribed cases;

(f) for the consideration of the proposals by the governing body;

(g) enabling the governing body to approve or reject the proposals;

(h) enabling the governing body to reject any proposals published in pursuance of a requirement under section 25(5) (“required proposals”) only by a decision made with the support of a prescribed proportion of the governors;

(i) for the approval of required proposals given in the prescribed manner by a prescribed proportion of the governors to be treated as approval by the governing body;

(j) for the approval of proposals either without modifications or in prescribed cases with modifications of a prescribed kind;

(k) as to the manner in which, and time within which, anything authorised or required by the regulations must be done.

(3) Regulations under this section may in prescribed cases—

(a) require the governing body to ensure that matters relating to—

(i) any transfer which may be required by virtue of subsection (2)(b) of section 27, or

(ii) any payment which might be required by virtue of subsection (4) or (5) of that section,

are agreed or determined before the proposals are published, and

(b) enable or require any such matter to be referred to the adjudicator for determination before the proposals are published.

(4) Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

Commencement Information

I29 S. 26 in force at 1.4.2007 by S.I. 2007/935, art. 5(e)

27 Proposals under section 25: implementation E+W

(1) Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.

(2) Regulations under this section may, in particular—

(a) make provision for the revision or replacement of the school's instrument of government and the reconstitution of its governing body;

(b) make provision for the transfer of property, rights and liabilities;

(c) make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.

(3) Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).

(4) Where—

(a) any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and

(b) the governing body, a [F1 local authority] or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,

regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the [F1 local authority] or a prescribed person.

(5) Where—

(a) any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and

(b) the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,

regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.

(6) Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

(7) The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.

(8) In this section “foundation” means a foundation established otherwise than under SSFA 1998.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I30 S. 27(1)-(6) (8) in force at 1.4.2007 by S.I. 2007/935, art. 5(f)

I31 S. 27(7) in force at 25.5.2007 by S.I. 2007/935, art. 7(f)

General E+W

28 Restriction on establishment, alteration or discontinuance of schools E+W

(1) Except in pursuance of proposals falling to be implemented under this Part F34 ...—

(a) no maintained school may be established or discontinued;

(b) no prescribed alteration may be made to a maintained school.

(2) In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

(3) Subsection (1) has effect subject to—

(a) sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued),F35 ...

(b) section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school)[F36 , and

(c) section 6(2) of the Academies Act 2010 (requirement to cease to maintain school in respect of which Academy order has effect).]

(4) Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.

Textual Amendments

F34 Words in s. 28(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 59, Sch. 2 Pt. 1 (with art. 2(3))

F35 Word in s. 28(3) omitted (29.7.2010) by virtue of Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 20; S.I. 2010/1937, art. 2, Sch. 1

F36 S. 28(3)(c) and word inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 20; S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I32 S. 28 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)

29 Abolition of school organisation committees E+W

Section 24 of, and Schedule 4 to, SSFA 1998 (which require [F1 local authorities] in England to establish a school organisation committee for their area) cease to have effect.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I33 S. 29 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)

30 Amendments relating to school organisation E+W

Schedule 3 contains amendments relating to school organisation.

Commencement Information

I34 S. 30 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)

31 Transitional provisions E+W

(1) The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.

(2) Regulations under this section may, in particular, make provision with respect to—

(a) the determination or implementation of proposals made under the previous enactments,

(b) references made to school organisation committees or adjudicators under the previous enactments.

(3) This section does not limit the powers conferred by section 183.

(4) In this section “the previous enactments” means—

(a) sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998 (establishment, alteration, discontinuance or change of category of schools) so far as applying to England, and

(b) sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.

Commencement Information

I35 S. 31 in force at 1.4.2007 by S.I. 2007/935, art. 5(g)

32 Interpretation of Part 2 E+W

(1) In this Part, except where the contrary intention appears—

• “adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;

• “discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);

• “foundation”, in relation to a foundation or voluntary school, has (subject to sections 25(8) and 27(8)) the meaning given by section 21(3) of SSFA 1998;

• “ [F1 local authority]”, in relation to a school maintained (or proposed to be maintained) by a [F1 local authority], means that authority;

• “maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;

• “maintained school” means any of the following schools in England—

  (a)

  a community, foundation or voluntary school,

  (b)

  a community or foundation special school, or

  (c)

  a maintained nursery school;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made under this Part by the Secretary of State.

(2) For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I36 S. 32 in force at 1.4.2007 by S.I. 2007/935, art. 5(g)

Part 3 E+W Further provisions about maintained schools

Foundation, voluntary and foundation special schools E+W

33 Requirements as to foundations E+W

(1) After section 23 of SSFA 1998 insert—

“23A Foundation and foundation special schools: requirements as to foundations

(1) This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.

(2) Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.

(3) Condition B is that the school—

(a) acquired its foundation, or

(b) became a school whose instrument of government provides for the majority of governors to be foundation governors,

in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.

(4) Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.

(5) No institution may act as the foundation of a school to which this section applies unless—

(a) it is a body corporate of a prescribed description,

(b) it is a charity (whether by virtue of section 23(3) or otherwise), and

(c) it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.

(6) The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.

(7) Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.

(8) Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—

(a) the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and

(b) the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.

(9) Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.

(10) In this section and section 23B—

• “charity” has the same meaning as in the Charities Act 1993;

• “charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 1993 a charity trustee in relation to the school's foundation;

• “foundation” means a foundation established otherwise than under this Act;

• “institution” has the same meaning as in the Charities Act 1993;

• “purpose” includes object.

23B Powers of Secretary of State in relation to charity trustees of foundations

(1) Regulations may make provision enabling the Secretary of State in prescribed cases by direction—

(a) to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;

(b) to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).

(2) Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 18 of the Charities Act 1993 for the removal or appointment of a charity trustee.

(3) Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.”

(2) In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.

Commencement Information

I37 S. 33 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(h)

I38 S. 33 in force at 25.5.2007 in so far as not already in force by S.I. 2007/935, art. 7(h)

34 Parent councils for certain foundation or foundation special schools E+W

After section 23 of EA 2002 insert—

“23A Parent councils

(1) A school is for the purposes of this section a “qualifying school” if—

(a) it is a foundation or foundation special school in England,

(b) it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

(c) the instrument of government for the school provides that the majority of governors are to be foundation governors.

(2) The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

(3) The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

(4) Regulations may make provision as to—

(a) the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

(b) eligibility for election or appointment,

(c) the duration of membership, and

(d) meetings and proceedings of a parent council.

(5) Regulations—

(a) must require the majority of members of a parent council to be parent members, and

(b) may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

(6) Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

(7) The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.

(8) The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

(9) In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.”

Commencement Information

I39 S. 34 in force at 25.5.2007 by S.I. 2007/935, art. 7(i)

35 Funding of voluntary aided schools: meaning of “capital expenditure” E+W

(1) Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is amended as follows.

(2) In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the definition of “capital expenditure” for the purposes of the Schedule).

(3) After paragraph 9 insert—

“9A “Meaning of “capital expenditure”

(1) This paragraph applies for the purposes of this Schedule as it applies in relation to England.

(2) Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—

(a) expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or

(b) expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.

(3) The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—

(a) any appropriate body, or any prescribed class or description of appropriate body;

(b) any promoters, or any prescribed class or description of promoters.

(4) The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—

(a) expenditure of a particular appropriate body which is expenditure of a particular class or description;

(b) expenditure of particular promoters which is expenditure of a particular class or description,

is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.

(5) Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.

(6) In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—

(a) the governing body of the school, or

(b) a relevant body in relation to the school (within the meaning of paragraph 5).

(1) For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, means those accounting practices—

(a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the appropriate body, or as the case may be, the promoters, or

(b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the [F1 local authority].

(2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

(3) In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I40 S. 35 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(i)

I41 S. 35 in force at 25.5.2007 in so far as not already in force by S.I. 2007/935, art. 7(j)

36 Disposals and changes of use of land E+W

Schedule 4 contains amendments of—

(a) Schedule 22 to SSFA 1998 (disposals of land by foundation, voluntary or foundation special schools and disposals on discontinuance), and

(b) section 77 of that Act (control of disposals or changes of use of school playing fields in relation to England),

and amendments which are consequential to those amendments.

Commencement Information

I42 S. 36 in force at 25.5.2007 by S.I. 2007/935, art. 7(k)

37 Staff at foundation or voluntary schools with religious character E+W

(1) In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher).

(2) In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)—

(a) in subsection (4), after “(whether foundation or voluntary controlled)” insert “ in a case where the head teacher is not to be a reserved teacher ”, and

(b) in subsection (6), after “voluntary aided school” insert “ in Wales ”.

Commencement Information

I43 S. 37 in force at 1.9.2008 for E. by S.I. 2008/1971, art. 2(a) (with art. 3)

I44 S. 37(1)(2)(a) in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

General duties of governing body E+W

38 General duties of governing body of maintained school E+W

(1) In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—

“(5) The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—

(a) promote the well-being of pupils at the school, and

(b) in the case of a school in England, promote community cohesion.

(6) The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.

(7) In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

(8) In this section “well-being”—

(a) in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and

(b) in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.

(9) In this section “relevant children and young people's plan” means—

(a) in relation to a school in England—

(i) any plan published by the [F1 local authority] under section 17 of the Children Act 2004 (children and young people's plans: England), or

(ii) in a case where the [F1 local authority] are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section, and

(b) in relation to a school in Wales—

(i) any plan published by the [F1 local authority] under section 26 of the Children Act 2004 (children and young people's plans: Wales), or

(ii) in a case where the [F1 local authority] are not required by regulations under that section to prepare and publish a plan, any plan which is published by the authority and sets out their strategy for discharging their functions in relation to children and relevant young persons within the meaning of that section.”

(2) In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—

“(4A) In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.

(4B) In subsection (4A) “relevant children and young people's plan” has the meaning given by section 21(9).

(4C) In exercising the power under section 27(1), the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils in circumstances where subsection (4)(a)(iii) does not apply.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I45 S. 38 in force at 1.9.2008 for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3

I46 S. 38(1) in force at 25.5.2007 for specified purposes for E. by S.I. 2007/1271, art. 2

I47 S. 38(1) in force at 1.9.2007 for E. in force in so far as not already in force by S.I. 2007/1801, art. 3(a)

I48 S. 38(2) in force at 25.5.2007 for E. by S.I. 2007/1271, art. 3

School admissions E+W

39 General restriction on selection by ability E+W

(1) No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—

(a) they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or

(b) the school is a grammar school.

(2) For the purposes of subsection (1) a school's admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.

(3) In this section—

• “ability” means either general ability or ability in any particular subject or subjects;

• “admission arrangements” has the meaning given by section 88(2) of SSFA 1998;

• “grammar school” has the meaning given by section 104(7) of SSFA 1998;

• “relevant age group” has the meaning given by section 142(1) of SSFA 1998.

(4) In section 99 of SSFA 1998—

(a) omit subsection (1) (which is re-enacted as subsection (1) of this section), and

(b) in subsection (2) after “are” insert “ for the purposes of section 39(1) of the Education and Inspections Act 2006 ”.

Commencement Information

I49 S. 39 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(b)

I50 S. 39 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

40 Code for school admissions E+W

(1) Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).

(2) In subsection (1)—

(a) for “a code of practice containing such practical guidance” substitute “ a code for school admissions containing such provision ”, and

(b) after paragraph (b) insert—

“(ba) admission forums,”.

(3) In subsection (2), for the words from “include” to “other matters” substitute “ impose requirements, and may include guidelines setting out aims, objectives and other matters, ”.

(4) In subsection (3), for “to have regard to” substitute “ to act in accordance with ”.

(5) In subsection (5), omit “of practice” (in each place where it occurs).

(6) In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—

““admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;”.

(7) In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “ for school admissions ”.

(8) In section 85 of SSFA 1998 (making and approval of code of practice)—

(a) in subsection (1) omit “of practice”, and

(b) for the heading substitute “ Making and approval of code for school admissions ”.

(9) In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.

Commencement Information

I51 S. 40 in force at 12.12.2006 for E. by S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)

I52 S. 40 in force at 1.9.2008 for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

41 Role of admission forums E+W

F37 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—

“(10) In this section, “the appropriate bodies”, in relation to an admission authority, means—

(a) the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, and

(b) in the case of an admission authority for a maintained school in England, the admission forum for the area of the [F1 local authority] in which the school is situated.”

(8) In section 90 (reference of objections to adjudicator or Secretary of State)—

(a) in subsection (1) for paragraph (b) substitute—

“(b) an appropriate body wishes to make an objection about those arrangements, and”, and

(b) after subsection (10) insert—

“(11) In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—

(a) any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, and

(b) in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the [F1 local authority] in which the school is situated.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F37 S. 41(1)-(6) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 3; S.I. 2012/84, art. 3

Commencement Information

I53 S. 41 in force at 27.2.2007 by S.I. 2006/3400, art. 7(a)

42 Support for parental preferences E+W

In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—

“(1A) A [F1 local authority] in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I54 S. 42 in force at 27.2.2007 by S.I. 2006/3400, art. 7(b)

43 Duty of governing body to implement decisions relating to admissions E+W

(1) In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—

“(1A) Where the admission authority for a community or voluntary controlled school is the [F1 local authority], it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

(1B) Subsection (1A) does not affect—

(a) any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

(b) any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

(c) the application of section 101(2A) or section 109(2).”

(2) In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a [F1 local authority] and the governing body of a maintained school” substitute “ the admission authority for a maintained school ”.

(3) In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—

(a) in subsection (3) for “by virtue of this section” substitute “ by virtue of section 89B ”, and

(b) after subsection (3) insert—

“(3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the [F1 local authority] although they are not the admission authority, the governing body of the school must implement the decision.”

(4) In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “ in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority ”.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I55 S. 43 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(a)

I56 S. 43 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

44 Prohibition on interviews E+W

After section 88 of SSFA 1998 insert—

“88A Prohibition on interviews

(1) No admission arrangements for a maintained school may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

(2) If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

(3) Where the admission arrangements for a maintained school make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

(4) In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).”

Commencement Information

I57 S. 44 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(c)

I58 S. 44 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

45 Admission arrangements for schools with religious character: consultation and objections E+W

In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—

(a) omit the “and” at the end of paragraph (c), and

(b) after paragraph (d) insert “and

(e) in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.”

Commencement Information

I59 S. 45 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(b)

I60 S. 45 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F38 46 Restrictions on alteration of admission arrangements E+W

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

Textual Amendments

F38 S. 46 repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I61 S. 46 in force at 27.2.2007 by S.I. 2006/3400, art. 7(c)

47 Objections to admission arrangements E+W

(1) Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.

(2) After subsection (5) insert—

“(5A) Where the adjudicator or the Secretary of State is required by virtue of subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an objection to admission arrangements, he may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not he would be required to do so for the purpose of determining the objection.

(5B) In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) must publish a report containing the following—

(a) his decision on the objection,

(b) any decision he has made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of his decision on the objection or otherwise,

(c) if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify, and

(d) his reasons for the decisions mentioned in paragraphs (a) to (c).

(5C) Where the adjudicator or the Secretary of State (as the case may be) decides that it would be appropriate for changes to be made to the admission arrangements, his decision may specify the modifications that are to be made to the arrangements.”

(3) Subsections (6) and (7) are omitted.

(4) For subsection (8) substitute—

“(8) The decisions of the adjudicator or the Secretary of State mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if the adjudicator or the Secretary of State has decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.”

(5) In subsection (9)—

F39 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “ a report required to be published under subsection (5B) is ”.

(6) Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).

Textual Amendments

F39 S. 47(5)(a) repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I62 S. 47 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(d)

I63 S. 47 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

48 Looked after children to whom section 87(2) of SSFA 1998 applies E+W

(1) In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—

“(2A) Subsection (2) does not apply in relation to a decision made by or on behalf of a [F1 local authority] in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).”

(2) After that section insert—

“95A References relating to looked after children to whom section 87(2) applies

(1) This section applies where—

(a) a [F1 local authority] in England are the admission authority for a community or voluntary controlled school, and

(b) a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.

(2) The [F1 local authority] must give notice of the decision to the governing body of the school.

(3) The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.

(4) A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

(5) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—

(a) the decision to admit the child to the school shall cease to have effect, but

(b) the adjudicator may determine that another maintained school in England is to be required to admit the child.

(6) A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.

(7) A determination under subsection (5)(b) may not be made if—

(a) the child is permanently excluded from the other school, or

(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

(8) If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—

(a) the admission authority for the school shall admit the child to the school, and

(b) if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.

(9) Regulations may make provision—

(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;

(b) requiring an admission authority for a maintained school to provide information which—

(i) falls within a prescribed description, and

(ii) is requested by the adjudicator for the purposes of any such determination.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I64 S. 48 in force at 8.1.2007 by S.I. 2006/3400, art. 3(a)

49 Procedure for giving directions under section 96 of SSFA 1998 E+W

In section 97 of SSFA 1998 (procedure for giving directions under section 96)—

(a) in subsection (2)(b)—

(i) for “the Secretary of State” (in both places where it occurs) substitute “ the appropriate authority ”, and

(ii) for “his determination” substitute “ its determination ”,

(b) in subsection (3), for “the Secretary of State” substitute “ the appropriate authority ”,

(c) in subsection (4)—

(i) for “the Secretary of State” substitute “ the appropriate authority ”,

(ii) for “if he does so” substitute “ if it does so ”, and

(iii) in paragraph (a)(ii) for “the Secretary of State's” substitute “ the appropriate authority's ”,

(d) in subsection (5) for “The Secretary of State” substitute “ The appropriate authority ”, and

(e) after subsection (6) insert—

“(6A) In this section, “the appropriate authority” means—

(a) in relation to a [F1 local authority] in England, the adjudicator, and

(b) in relation to a [F1 local authority] in Wales, the Assembly.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I65 S. 49 in force at 8.1.2007 by S.I. 2006/3400, art. 3(b)

50 Direction to admit looked after child to specified school E+W

(1) After section 97 of SSFA 1998 insert—

“97A Direction to admit looked after child to specified school

(1) A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.

(2) A direction under this section shall not specify a school from which the child is permanently excluded.

(3) Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.

(4) Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

97B Procedure for giving direction under section 97A

(1) Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.

(2) The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.

(3) Where the local authority decide to give a direction under section 97A specifying a school—

(a) they shall, before doing so, serve a notice in writing of their decision on—

(i) the admission authority for the school,

(ii) if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,

(iii) if the school is maintained by a [F1 local authority] who are not the authority proposing to give the direction and are not the admission authority, the [F1 local authority] who maintain the school, and

(iv) the head teacher of the school, and

(b) they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.

(4) The following persons—

(a) the admission authority on whom a notice is served under subsection (3)(a)(i), and

(b) in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),

may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.

(5) A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

(6) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—

(a) the local authority may not give a direction under section 97A that the school admit the child, but

(b) the adjudicator may determine that another school in England is to be required to admit the child.

(7) A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.

(8) A determination under subsection (6)(b) may not be made if—

(a) the child is permanently excluded from the other school, or

(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

(9) If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—

(a) if the local authority referred to in subsection (1) are the admission authority for that school they shall—

(i) admit the child to the school, and

(ii) give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and

(b) in any other case, the local authority shall specify that school in their direction under section 97A.

(10) A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.”

(2) In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—

“(7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.”

F40 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—

“child looked after by a local authority (in Chapter 1 of Part 3)

section 84(7).”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F40 S. 50(3) repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I66 S. 50 in force at 8.1.2007 by S.I. 2006/3400, art. 3(c)

51 Directions to admit child to specified school: supplementary provisions E+W

(1) In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.

(2) In section 96 of SSFA 1998 (direction to admit child to specified school)—

(a) in subsection (3) for “the Secretary of State” substitute “ the appropriate authority (within the meaning of section 97) ”, and

(b) in subsection (8) for “section 97” substitute “ sections 97 to 97C ”.

(3) After section 97B of SSFA 1998 (inserted by section 50) insert—

“97C Determinations under section 97 or 97B: supplemental

Regulations may make provision in relation to England—

(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;

(b) requiring an admission authority for a school to provide information which—

(i) falls within a prescribed description, and

(ii) is requested by the adjudicator for the purposes of any such determination.”

Commencement Information

I67 S. 51 in force at 8.1.2007 by S.I. 2006/3400, art. 3(d)

52 Power of Assembly to make regulations about looked after children E+W

(1) After section 97C of SSFA 1998 (inserted by section 51) insert—

“Looked after children in Wales E+W

97D Power of Assembly to make regulations about admission of looked after children

(1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.

(2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools—

(a) to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;

(b) to admit looked after children in prescribed circumstances, subject to prescribed exceptions.

(3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—

(a) shall not apply in relation to looked after children;

(b) shall apply in relation to such children with prescribed modifications.”

F41 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 S. 52(2) repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I68 S. 52 in force at 8.1.2007, see s. 188(2)

53 Schools with pre-1998 arrangements for selection by ability or aptitude E+W

(1) Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.

(2) In subsection (1) for the words from “so long as” to the end of the subsection substitute “so long as—

(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and

(b) there is no significant change in the basis of selection.”

(3) After subsection (1) insert—

“(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.”

Commencement Information

I69 S. 53 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(e)

I70 S. 53 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

54 Pupil banding E+W

(1) In section 101 of SSFA 1998 (permitted selection: pupil banding)—

(a) in subsection (1)—

(i) for “subsections (2) to (4)” substitute “ subsections (2) and (2A) ”, and

(ii) after “a maintained school” insert “ in England or Wales ”,

(b) after subsection (1) insert—

“(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—

(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—

(i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the [F1 local authority],

(ii) children in that age group who live in the area of the [F1 local authority], or

(iii) children in that age group who live in England, and

(b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.”,

(c) in subsection (2) for “Subsection (1)” substitute “ Subsection (1) or (1A) ”,

(d) after subsection (2) insert—

“(2A) If the admission authority for a maintained school in England is the [F1 local authority], the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.”,

F42 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in subsection (4), for the words from the beginning to “any school” substitute “ In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised ”, and

(g) in subsection (5), for “subsection (1)” substitute “ subsection (1) or (1A) ”.

(2) In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.

(3) In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—

(a) in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute “constitutes—

(a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and

(b) in relation to Wales, a prescribed alteration for the purposes of section 28”, and

(b) in subsection (3) —

(i) for “section 101(1)” substitute “ section 101(1) or (1A) ”, and

(ii) for “the objectives mentioned in section 101(1)(a) and (b)” substitute “ the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b) ”.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F42 S. 54(1)(e) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 23(2); S.I. 2013/1800, art. 3(j)

Commencement Information

I71 S. 54(1)(2)(3)(b) in force at 8.1.2007 by S.I. 2006/3400, art. 3(e)

I72 S. 54(3)(a) in force at 25.5.2007 by S.I. 2007/935, art. 7(l)

Miscellaneous E+W

55 Right of sixth-form pupils to be excused from attendance at religious worship E+W

(1) Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

(2) For subsection (1) substitute—

“(1) If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn.

(1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn.

(1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.”

(3) In subsection (2), for “subsection (1)” substitute “ subsections (1) to (1B) ”.

(4) In subsection (3), after “subsection (1)” insert “ or (1A) ”.

(5) In subsection (5), after “voluntary school” insert “ and is not a sixth-form pupil ”.

(6) After subsection (5) insert—

“(5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted—

(a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or

(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs,

the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.”

(7) In subsection (6), after “subsection (5)” insert “ or (5A) ”.

(8) For subsection (7) substitute—

“(7) Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school—

(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and

(b) attends religious worship unless withdrawn from attendance at such worship—

(i) in the case of a sixth-form pupil, in accordance with his own wishes, and

(ii) in any other case, in accordance with the wishes of his parent.”

(9) After subsection (7) insert—

“(8) In this section “sixth-form pupil” means any pupil who—

(a) has ceased to be of compulsory school age, and

(b) is receiving education suitable to the requirements of pupils over compulsory school age.”

Commencement Information

I73 S. 55 in force at 9.2.2009 for W. by S.I. 2009/49, art. 2

I74 S. 55(1)-(7) in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(b)

I75 S. 55(8)(9) in force at 25.6.2007 for E. by S.I. 2007/1801, art. 2

56 Charges for music tuition E+W

(1) In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—

“(3) Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.”

(2) In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “ singing or in ”.

Commencement Information

I76 S. 56 in force at 25.5.2007 for E. by S.I. 2007/935, art. 6(b) (with transitional provisions and savings in S.I. 2007/1271, art. 5)

57 School funding E+W

Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing of maintained schools).

Commencement Information

I77 S. 57 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(a)

I78 S. 57 in force at 15.3.2010 for specified purposes for W. by S.I. 2010/736, art. 2(a)

I79 S. 57 in force at 2.4.2010 for W. in so far as not already in force by S.I. 2010/736, art. 3(a)

F43 58 Removal of requirement to issue code of practice as to relationships between local authorities and maintained schools in England etc E+W

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

Textual Amendments

F43 S. 58 omitted (20.2.2014) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 34(2); S.I. 2014/178, art. 2(g) (with art. 3)

Part 4 E+W Schools causing concern: England

Introduction E+W

59 Meaning of “maintained school” and “eligible for intervention” E+W

(1) In this Part “maintained school” means any of the following schools in England—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school, or

(c) a maintained nursery school.

(2) In this Part, references to a school being “eligible for intervention” are to be read in accordance with—

• section 60 ([F44 performance standards and safety warning notice]),

• [F45 section 60A (teachers' pay and conditions warning notice),]

• [F46 section 60B (coasting schools),]

• section 61 (school requiring significant improvement), and

• section 62 (school requiring special measures).

Textual Amendments

F44 Words in s. 59(2) substituted (12.1.2010) by virtue of Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 2(2); S.I. 2009/3317, art. 2, Sch.

F45 Words in s. 59(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 2(3); S.I. 2009/3317, art. 2, Sch.

F46 Words in s. 59(2) inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(2), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

Commencement Information

I80 S. 59 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Schools that are eligible for intervention E+W

60 [F47 Performance standards and safety warning notice] E+W

[F48 (1) A maintained school is by virtue of this section eligible for intervention if—

(a) a relevant authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and

(d) the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).]

(2) A [F49 relevant authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied—

(a) that the standards of performance of pupils at the school are unacceptably low, and are likely to remain so unless the authority exercise their powers under this Part, or

(b) that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or

(c) that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).

(3) For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a) the standards that the pupils might in all the circumstances reasonably be expected to attain,

(b) where relevant, the standards previously attained by them, or

(c) the standards attained by pupils at comparable schools.

(4) For the purposes of this section a “warning notice” is a notice in writing by the [F49 relevant authority] setting out—

(a) the matters on which the conclusion mentioned in subsection (2) is based,

(b) the action which they require the governing body to take in order to remedy those matters,

(c) [F50 the compliance period for the purposes of subsection (1)(c),] and

(d) the action which the [F49 relevant authority] are minded to take (under one or more of sections 63 to [F51 69] or otherwise) if the governing body fail to take the required action.

[F52 (4A) If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.

(4B) If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.]

F53 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The [F49 relevant authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

(a) the Chief Inspector,

(b) the head teacher of the school,

(c) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

[F54 (6A) If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.

(6B) If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.]

F55 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 (10) In this section “relevant authority” means—

(a) the local authority, or

(b) the Secretary of State.]

Textual Amendments

F47 S. 60 title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 3; S.I. 2009/3317, art. 2, Sch.

F48 S. 60(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F49 Words in s. 60 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F50 S. 60(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F51 Word in s. 60(4)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F52 S. 60(4A)(4B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F53 S. 60(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(f), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F54 S. 60(6A)(6B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(g), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F55 S. 60(7)-(9) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(h), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F56 S. 60(10) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(i), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I81 S. 60 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

[F57 60A Teachers' pay and conditions warning notice E+W

[F58 (1) A maintained school is by virtue of this section eligible for intervention if—

(a) the local authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and

(d) the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.]

(2) A [local authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

(a) the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(b) the governing body have failed to secure that the head teacher of the school complies with such a provision.

(3) In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

(4) For the purposes of this section a “warning notice” is a notice in writing by the [local authority] setting out—

(a) the matters on which the conclusion mentioned in subsection (2) is based,

(b) the action which they require the governing body to take in order to remedy those matters,

(c) [F59 the compliance period for the purposes of subsection (1)(c),] and

(d) the action which the [local authority] are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.

F60 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The [local authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

[F61 (za) the Secretary of State,]

(a) the head teacher of the school,

(b) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

F62 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (10)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 S. 60A inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 4; S.I. 2009/3317, art. 2, Sch.

F58 S. 60A(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F59 S. 60A(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F60 S. 60A(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F61 S. 60A(6)(za) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F62 Ss. 60A(7)-(10) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[F63 60B Coasting schools E+W

(1) A maintained school is by virtue of this section eligible for intervention if—

(a) the school is coasting, and

(b) the Secretary of State has notified the governing body that it is coasting.

(2) The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.

(3) The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.]

Textual Amendments

F63 S. 60B inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(3), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

Modifications etc. (not altering text)

C10 S. 60B excluded (11.1.2017) by The Coasting Schools (England) Regulations 2017 (S.I. 2017/9), regs. 1, 3(1)

61 School requiring significant improvement E+W

A maintained school is by virtue of this section eligible for intervention if—

(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and

(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the notice has not been superseded by—

(i) the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or

(ii) the Chief Inspector giving the Secretary of State a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).

Modifications etc. (not altering text)

C11 Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

Commencement Information

I82 S. 61 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

62 School requiring special measures E+W

A maintained school is by virtue of this section eligible for intervention if—

(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and

(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.

Modifications etc. (not altering text)

C11 Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

Commencement Information

I83 S. 62 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Intervention by [F1 local authority] E+W

63 Power of [F3 local authority] to require governing body to enter into arrangements E+W

(1) If at any time a maintained school is eligible for intervention [F64 other than by virtue of section 60A], then (subject to subsection (3)) the [F1 local authority] may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the [F1 local authority] must consult—

(a) the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) Where the school is eligible for intervention by virtue of section 60 (school subject to [F65 performance standards and safety warning]), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F66 section 60(1)(b)]).

(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

Textual Amendments

F3 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. 14(3)

F64 Words in s. 63(1) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 5(2); S.I. 2009/3317, art. 2, Sch.

F65 Words in s. 63(3) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 5(3); S.I. 2009/3317, art. 2, Sch.

F66 Words in s. 63(3) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I84 S. 63 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

64 Power of [F3 local authority] etc. to appoint additional governors E+W

(1) If at any time a maintained school is eligible for intervention, then (subject to [F67 subsection (2)]) the [F1 local authority] may appoint such number of additional governors as they think fit.

F68 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the school is eligible for intervention by virtue of section 60 (school subject to [F69 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F70 section 60(1)(b)] [F71 or as the case may be [F72 section 60A(1)(b)]]).

(3) In relation to any appointment made by the [F1 local authority] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the [F1 local authority] to appoint such number of additional governors as they think fit.

(4) If at any time—

(a) a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to [F73 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], and

(b) the [F1 local authority] have exercised their power to appoint additional governors under subsection (1),[F74 and]

[F74 (c) the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,]

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

(5) Any additional foundation governors appointed under subsection (4)—

(a) shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

(b) shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

(6) If at any time—

(a) a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),

(b) the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),

(c) the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and

(d) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

(7) In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).

(8) Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

(a) to the appropriate diocesan authority, if it is a Church of England school or a Roman Catholic Church school; or

(b) in any other case, to the person or persons by whom the foundation governors are appointed.

(9) Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

(a) to all those persons who have any such power acting jointly, or

(b) if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

Textual Amendments

F3 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. 14(3)

F67 Words in s. 64(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(2)(a), 19(2); S.I. 2016/466, reg. 2

F68 S. 64(1A) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 6(2)(b), 19(2); S.I. 2016/466, reg. 2

F69 Words in s. 64(2) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(4)(a); S.I. 2009/3317, art. 2, Sch.

F70 Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F71 Words in s. 64(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(4)(b); S.I. 2009/3317, art. 2, Sch.

F72 Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F73 Words in s. 64(4)(a) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(5)(a); S.I. 2009/3317, art. 2, Sch.

F74 S. 64(4)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(5)(b); S.I. 2009/3317, art. 2, Sch.

Commencement Information

I85 S. 64 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

65 Power of [F3 local authority] to provide for governing body to consist of interim executive members E+W

(1) If at any time a maintained school is eligible for intervention, the [F1 local authority] may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the [F1 local authority] must consult—

(a) the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Textual Amendments

F3 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. 14(3)

Commencement Information

I86 S. 65 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

66 Power of [F3 local authority] to suspend right to delegated budget E+W

(1) If at any time—

(a) a maintained school is eligible for intervention, and

(b) the school has a delegated budget within the meaning of Part 2 of SSFA 1998,

then (subject to subsection (2)) the [F1 local authority] may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body's right to a delegated budget with effect from the receipt of the notice by the governing body.

(2) Where the school is eligible for intervention by virtue of section 60 (school subject to [F75 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F76 section 60(1)(b)] [F77 or as the case may be [F78 section 60A(1)(b)]]).

(3) A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.

(4) A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.

Textual Amendments

F3 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. 14(3)

F75 Words in s. 66(2) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 7(a); S.I. 2009/3317, art. 2, Sch.

F76 Words in s. 66(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(5), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F77 Words in s. 66(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 7(b); S.I. 2009/3317, art. 2, Sch.

F78 Words in s. 66(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

Commencement Information

I87 S. 66 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Intervention by Secretary of State E+W

[F79 66A Power of Secretary of State to require governing body to enter into arrangements E+W

(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—

(a) the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).

(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.]

Textual Amendments

F79 S. 66A inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 4, 19(2); S.I. 2016/466, reg. 2

67 Power of Secretary of State to appoint additional governors E+W

(1) If at any time a maintained school is eligible for intervention F80 ..., the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.

(2) Before making any such appointment, the Secretary of State must consult—

(a) the [F1 local authority],

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) A governor appointed under this section—

(a) shall hold office as governor for such term, and

(b) if nominated as chairman of the governing body, shall be chairman of that body for such period,

as the Secretary of State may determine.

(4) The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

(5) In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.

(6) Where the Secretary of State has exercised his power under this section in relation to a school, then—

(a) in any such case—

(i) the [F1 local authority] may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and

(ii) if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and

(b) in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.

(7) The revocation of a suspension under subsection (6)(a)—

(a) must be notified to the [F1 local authority] in writing, and

(b) takes effect from such date as is specified in that notification.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F80 Words in s. 67(1) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 8, Sch. 16 Pt. 6; S.I. 2009/3317, art. 2, Sch.

Commencement Information

I88 S. 67 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

68 Power of Secretary of State to direct closure of school E+W

(1) If at any time a maintained school is eligible for intervention [F81 other than by virtue of section 60A], the Secretary of State may give a direction to the [F1 local authority] requiring the school to be discontinued on a date specified in the direction.

(2) Before giving a direction under subsection (1), the Secretary of State must consult—

(a) the [F1 local authority] and the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,

F82 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) such other persons as the Secretary of State considers appropriate.

(3) On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(4) Where the [F1 local authority] are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

(5) In this section any reference to the discontinuance of a maintained school is a reference to the [F1 local authority] ceasing to maintain it.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F81 Words in s. 68(1) substituted (17.11.2011) by Education Act 2011 (c. 21), ss. 44(2), 82(3); S.I. 2011/2750, art. 2

F82 S. 68(2)(d) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 60, Sch. 2 Pt. 1 (with art. 2(3))

Modifications etc. (not altering text)

C12 S. 68 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 23

Commencement Information

I89 S. 68 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

69 Power of Secretary of State to provide for governing body to consist of interim executive members E+W

(1) If at any time a maintained school is eligible for intervention F83 ... ,the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—

(a) the [F1 local authority],

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the [F1 local authority] have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.

[F84 (4) Subsection (2) does not apply if an Academy order has effect in respect of the school.]

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F83 Words in s. 69(1) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 9, Sch. 16 Pt. 6; S.I. 2009/3317, art. 2, Sch.

F84 S. 69(4) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 21; S.I. 2010/1937, art. 2, Sch. 1

Modifications etc. (not altering text)

C13 S. 69 applied (with modifications) by S.I. 2007/2978 reg. 24(1) (as inserted (1.9.2012) by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 2(10))

Commencement Information

I90 S. 69 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

F85 69A Power of Secretary of State to direct local authority to give performance standards and safety warning notice E+W

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

Textual Amendments

F85 S. 69A omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(6), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[F86 69B Power of Secretary of State to direct [local authority] to give teachers' pay and conditions warning notice E+W

(1) This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2) The condition is that there are reasonable grounds for a [local authority] to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).

(3) The condition is that one of the following applies—

(a) the authority have not given a warning notice to the governing body under section 60A on those grounds;

(b) the authority have done so, but in inadequate terms;

F87 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section [F88 60A(1)(b)]) has ended.

(4) The Secretary of State may direct the [local authority] to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.

(5) If the Secretary of State gives a direction under subsection (4) to a [local authority] in respect of a governing body, the authority must—

(a) give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,

(b) when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and

(c) give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.

(6) The [local authority]'s response to the direction must do one of the following—

(a) state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b) state that the authority have decided not to give a warning notice to the governing body in those terms.

(7) If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a) give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and

(b) on the same day as they do so, give the Secretary of State a copy of the notice.

(8) If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

(a) the response must set out the authority's reasons for the decision, and

(b) the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).

(9) If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

(a) comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and

(b) on the same day as they do so, give the Secretary of State a copy of the notice.

(10) Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

(11) A direction under this section must be in writing.]

Textual Amendments

F86 Ss. 69A, 69B inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 10; S.I. 2009/3317, art. 2, Sch.

F87 S. 69B(3)(c) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(5)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F88 Word in s. 69B(3)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(5)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

Governing bodies consisting of interim executive members: further provisions E+W

70 Governing bodies consisting of interim executive members E+W

Schedule 6 has effect in relation to any school in respect of which a notice has been given—

(a) under section 65(1) by the [F1 local authority], or

(b) under section 69(1) by the Secretary of State.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I91 S. 70 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

[F89 Interaction between different intervention powers etc E+W

Textual Amendments

F89 Ss. 70A-70C and cross-heading inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(3), 19(2); S.I. 2016/466, reg. 2

70A Duties for local authorities and Secretary of State to notify each other E+W

(1) A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.

(2) The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.

70B Restriction on use of local authority intervention powers E+W

(1) This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.

(2) The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.

70C Secretary of State's power to take over responsibility for interim executive members E+W

(1) This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).

(2) The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—

(a) the notice given by the local authority in accordance with section 65 is to be treated as having been given by the Secretary of State in accordance with section 69, and

(b) anything done by or in relation to the local authority under Schedule 6 is to be treated as having been done by or in relation to the Secretary of State.]

Amendments relating to schools causing concern E+W

71 Amendments relating to schools causing concern E+W

Schedule 7 contains amendments related to the provisions of this Part.

Commencement Information

I92 S. 71 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Supplementary E+W

72 Duty of [F3 local authority] to have regard to guidance E+W

A [F1 local authority] must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I93 S. 72 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

73 Interpretation of Part 4 E+W

In this Part—

• “appropriate diocesan authority” has the same meaning as in SSFA 1998;

• “Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• “Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;

• “eligible for intervention”, in relation to a maintained school, has the meaning given by section 59(2);

• “maintained school” has the meaning given by section 59(1).

• F90 ...

Textual Amendments

F90 Words in s. 73 omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(7), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I94 S. 73 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Part 5 E+W Curriculum and entitlements

74 Curriculum requirements for the fourth key stage E+W

(1) For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

“85 Curriculum requirements for the fourth key stage

(1) For the fourth key stage, the National Curriculum for England shall comprise—

(a) the core and other foundation subjects,

(b) work-related learning, and

(c) in relation to any pupil, such other courses of study as are necessary to satisfy the entitlements conferred on him by subsection (5) and section 85A.

(2) The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3) The following are the core subjects for the fourth key stage—

(a) mathematics,

(b) English, and

(c) science.

(4) The following are the other foundation subjects for the fourth key stage—

(a) information and communication technology,

(b) physical education, and

(c) citizenship.

(5) A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a) approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b) specified by the Secretary of State by order for the purposes of this subsection.

(6) In the exercise of their functions under this Part so far as those functions relate by virtue of this section to work-related learning a [F1 local authority], governing body or head teacher shall have regard to any guidance issued from time to time by the [F91 Secretary of State].

(7) In this section “work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work.

85A Entitlement areas for the fourth key stage

(1) A pupil in the fourth key stage is also entitled to [F92 follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose.]

(2) The entitlement areas referred to in subsection [F93 (1)] are—

(a) arts, comprising—

(i) art and design,

(ii) music,

(iii) dance,

(iv) drama, and

(v) media arts,

(b) design and technology (comprising only that subject),

(c) humanities, comprising—

(i) geography, and

(ii) history, and

(d) modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(3) An order under subsection (2)(d) may—

(a) specify circumstances in which a language is not to be treated as falling within subsection (2)(d), and

(b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(4) The entitlement conferred on a pupil by this section is to be taken to be satisfied[F94 if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil.]

(5) In the exercise of their functions by virtue of this Part in relation to courses of study falling within subsection [F95 (1)], a [F1 local authority], governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State F96 ....

(6) In this section “course of study” means[F97 a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act.”]

(2) In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

(a) in paragraph (a), for “section 85,” substitute “ sections 85 and 85A, ”,

(b) in paragraph (b), for “that section is” substitute “ those sections are ”, and

(c) renumber the section as so amended as subsection (1) of the section and at the end insert—

“(2) An order under this section may make such amendments of this Act as appear to the Secretary of State to be necessary or expedient in connection with the provision made by virtue of subsection (1).”

F98 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

(a) in subsection (1) after “other foundation subjects” insert “ , the entitlement conferred by subsection (3A) ”, and

(b) after subsection (3) insert—

“(3A) A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a) approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b) specified by the Secretary of State by order for the purposes of this subsection.”

(5) Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F91 Words in s. 74(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 20(a); S.I. 2012/924, art. 2

F92 Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(a), 82(2)(b)

F93 Word in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(b), 82(2)(b)

F94 Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(c), 82(2)(b)

F95 Word in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(d), 82(2)(b)

F96 Words in s. 74(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 20(b); S.I. 2012/924, art. 2

F97 Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(e), 82(2)(b)

F98 S. 74(3) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 31(3), 82(2)(b)

Commencement Information

I95 S. 74(4) in force at 1.4.2007 by S.I. 2007/935, art. 5(k)

Prospective

F99 75 Education and training to satisfy entitlements E+W

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

Textual Amendments

F99 S. 75 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 59, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

Part 6 E+W School travel and school food

Travel to schools etc E+W

76 [F3 Local authorities] in England: duty to promote sustainable modes of travel etc E+W

After section 508 of EA 1996 insert—

“508A [F3 “Local authorities] in England: duty to promote sustainable modes of travel etc

(1) A [F1 local authority] in England must—

(a) prepare for each academic year a document containing their strategy to promote the use of sustainable modes of travel to meet the school travel needs of their area (“a sustainable modes of travel strategy”),

(b) publish the strategy in such manner and by such time as may be prescribed, and

(c) promote the use of sustainable modes of travel to meet the school travel needs of their area.

(2) Before preparing a sustainable modes of travel strategy, an authority must in particular—

(a) assess the school travel needs of their area, and

(b) assess the facilities and services for sustainable modes of travel to, from and within their area.

(3) “Sustainable modes of travel” are modes of travel which the authority consider may improve either or both of the following—

(a) the physical well-being of those who use them;

(b) the environmental well-being of the whole or a part of their area.

(4) The “school travel needs” of a [F1 local authority]'s area are—

(a) the needs of children and persons of sixth form age in the authority's area as regards travel mentioned in subsection (5), and

(b) the needs of other children and persons of sixth form age as regards travel mentioned in subsection (6).

(5) The needs of children and persons of sixth form age in the authority's area as regards travel referred to in subsection (4)(a) are their needs as regards travel to and from—

(a) schools at which they receive or are to receive education or training,

(b) institutions within the further education sector at which they receive or are to receive education or training, or

(c) any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1).

(6) The needs of other children and persons of sixth form age as regards travel referred to in subsection (4)(b) are their needs as regards travel to and from—

(a) schools at which they receive or are to receive education or training,

(b) institutions within the further education sector at which they receive or are to receive education or training, or

(c) any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority's area.

(7) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a [F1 local authority] of their duties under this section.

(8) Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate.

(9) In discharging their duties under this section an authority must—

(a) consult such persons as they consider appropriate, and

(b) have regard to any guidance given from time to time by the Secretary of State under subsection (7).

(10) References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC.

(11) In this section, “academic year” has the same meaning as in section 509AC in the case of [F1 local authorities] in England.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I96 S. 76 in force at 1.4.2007 by S.I. 2007/935, art. 5(l)

77 [F3 Local authorities] in England: provision of travel arrangements etc for children E+W

(1) After section 508A of EA 1996 (inserted by section 76 above) insert—

“508B [F3 “Local authorities] in England: travel arrangements for eligible children

(1) A [F1 local authority] in England must make, in the case of an eligible child in the authority's area to whom subsection (2) applies, such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made and provided free of charge in relation to the child.

(2) This subsection applies to an eligible child if—

(a) no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided free of charge in relation to him by any person who is not the authority, or

(b) such travel arrangements are provided free of charge in relation to him by any person who is not the authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

(3) “Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.

(4) “Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

(a) arrangements for the provision of transport, and

(b) any of the following arrangements only if they are made with the consent of a parent of the child—

(i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;

(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel.

(5) “Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.

(6) “Travel arrangements”, in relation to an eligible child, do not comprise or include travel arrangements which give rise to additional costs and do not include appropriate protection against those costs.

(7) For the purposes of subsection (6)—

(a) travel arrangements give rise to additional costs only if they give rise to any need to incur expenditure in order for the child to take advantage of anything provided for him in pursuance of the arrangements, and

(b) travel arrangements include appropriate protection against those costs only if they include provision for any expenditure that needs to be incurred for the purpose mentioned in paragraph (a) in the case of the child to be met by the person by whom the arrangements are made.

(8) Travel arrangements are provided free of charge if there is no charge for anything provided in pursuance of the arrangements.

(9) Schedule 35B has effect for the purposes of defining “eligible child” for the purposes of this section.

(10) References to a “relevant educational establishment”, in relation to an eligible child, are references to—

(a) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and

(b) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

(11) Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

508C [F3 Local authorities] in England: travel arrangements etc for other children

(1) A [F1 local authority] in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority's area to whom this section applies, for the purpose of facilitating the child's attendance at any relevant educational establishment in relation to the child.

(2) This section applies to a child who is not an eligible child for the purposes of section 508B.

(3) “School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

(4) “Travel arrangements”, in relation to such a child, are travel arrangements of any description and include—

(a) arrangements for the provision of transport, and

(b) any of the following arrangements only if they are made with the consent of a parent of the child—

(i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child;

(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel.

(5) A [F1 local authority] in England may pay, in the case of a child in the authority's area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person's reasonable travelling expenses in relation to that child's travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

(6) References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to—

(a) any school at which he is a registered pupil,

(b) any institution within the further education sector at which he is receiving education, or

(c) any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1).

508D Guidance etc in relation to sections 508B and 508C

(1) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a [F1 local authority] of their functions under sections 508B and 508C.

(2) Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate.

(3) In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1).

(4) Regulations may require a [F1 local authority] to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the discharge of their functions under section 508B or 508C.”

(2) Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I97 S. 77(1) in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(m)

I98 S. 77(1) in force at 1.9.2007 in so far as not already in force by S.I. 2007/1801, art. 4(b)

I99 S. 77(2) in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(c)

I100 S. 77(2) in force at 1.9.2008 in so far as not already in force by S.I. 2008/1971, art. 2(b)

78 [F3 Local authorities] in England: school travel schemes E+W

(1) After section 508D of EA 1996 (inserted by section 77 above) insert—

“508E [F3 “Local authorities] in England: school travel schemes

(1) Schedule 35C has effect in relation to school travel schemes.

(2) Where a school travel scheme is in force under Schedule 35C, the [F1 local authority] in England by which the scheme is made must give effect to the scheme by—

(a) making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority,

(b) complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements),

(c) complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and

(d) complying with the scheme's policy applicable to charging and any other requirements of the scheme.

(3) Where a school travel scheme is in force under Schedule 35C, the [F1 local authority] in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area.

(4) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a [F1 local authority] in England of any duty under subsection (2) or of any functions under Schedule 35C.

(5) Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate.

(6) In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a [F1 local authority] in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).”

(2) Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I101 S. 78 in force at 1.4.2007 by S.I. 2007/935, art. 5(n)

79 Piloting of school travel scheme provisions E+W

(1) The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.

(2) Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.

(3) In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

Commencement Information

I102 S. 79 in force at 1.4.2007 by S.I. 2007/935, art. 5(n)

80 Power to repeal school travel scheme provisions etc E+W

(1) The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.

(2) The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect F100 ... from such date as may be specified in the order.

(3) The earliest date which may be specified under subsection (2) is 1st August 2012.

(4) The latest date which may be specified under subsection (2) is 1st August 2015.

(5) Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.

(6) In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

Textual Amendments

F100 Words in s. 80(2) repealed (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. 14(5), Sch. 3 Pt. 1

Commencement Information

I103 S. 80 in force at 1.4.2007 by S.I. 2007/935, art. 5(n)

Prospective

F101 81 [Local authorities] in England: provision of transport etc for certain adult learners E+W

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

Textual Amendments

F101 S. 81 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 57(5), 269(4), Sch. 16 Pt. 1; S.I. 2010/303, art. 3, Sch. 2 (with art. 8)

82 Amendments of section 444 of EA 1996 in relation to school travel E+W

(1) Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

(2) After subsection (3) insert—

“(3A) Subsections (3B) and (3D) apply where the child's home is in England.

(3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

(a) the [F1 local authority] have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

(b) the [F1 local authority] have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

(3C) For the purposes of subsection (3B)—

(a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

(b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

(3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a) that the school is not within walking distance of the child's home,

(b) that no suitable arrangements have been made by the [F1 local authority] for boarding accommodation for him at or near the school, and

(c) that no suitable arrangements have been made by the [F1 local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

(3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

(3F) Subsection (4) applies where the child's home is in Wales.”

(3) In subsection (5) for “subsection (4)” substitute “ subsections (3D) and (4) ”.

(4) In subsection (6) for “subsection (4)” substitute “ subsections (3B), (3D) and (4) ”.

(5) The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I104 S. 82 in force at 1.9.2007 by S.I. 2007/1801, art. 4(d)

83 Learning and Skills Council for England: transport etc for persons of sixth form age E+W

F102 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 509AB of EA 1996 (further provision about transport policy statements)—

(a) in subsection (5), for the words from “by the Secretary” to the end substitute “under this section—

(a) by the Learning and Skills Council for England F103 ...

F103 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”,

F103 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

“(6) The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit.

(7) A power or duty falls within this subsection if it is exercisable in connection with—

(a) the Secretary of State's function under section 509AA(9) of the Education Act 1996 (power to direct [F3 local authority] to make arrangements additional to those specified in transport policy statement), or

(b) any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a [F1 local authority] in England under section 509AA or 509AB of that Act.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

F102 S. 83(1) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

F103 Words in s. 83(2) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

F104 S. 83(3) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Commencement Information

I105 S. 83 in force at 1.4.2007 by S.I. 2007/935, art. 5(o) (with art. 8(6)(7))

84 [F3 Local authorities] in England: duty to have regard to religion or belief in exercise of travel functions E+W

After section 509AC of EA 1996 insert—

“509AD [F3 “Local authorities] in England: duty to have regard to religion or belief in exercise of travel functions

(1) A [F1 local authority] in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place, to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief.

(2) The “travel functions” of a [F1 local authority] in England are their functions under any of the following provisions—

• section 508A (duty to promote sustainable modes of travel etc);

• section 508B (travel arrangements for eligible children);

• section 508C (travel arrangements etc for other children);

• section 508E and Schedule 35C (school travel schemes);

• section 508F (transport etc for certain adult learners);

• section 509AA (transport etc for persons of sixth form age).

(3) For the purposes of this section—

(a) “religion” means any religion,

(b) “belief” means any religious or philosophical belief,

(c) a reference to religion includes a reference to lack of religion, and

(d) a reference to belief includes a reference to lack of belief.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

Commencement Information

I106 S. 84 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(p)

I107 S. 84 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(e)

85 Further amendments relating to travel to schools etc E+W

Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.

Commencement Information

I108 S. 85 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(q)

I109 S. 85 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(f)

Food and drink provided on school premises etc E+W

86 Provision of food and drink on school premises etc E+W

(1) For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

“Food and drink provided on school premises etc E+W

114A Requirements for food and drink provided on school premises etc

(1) Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with—

(a) food or drink provided on the premises of any school maintained by a [F1 local authority], or

(b) food or drink provided at a place other than school premises by a [F1 local authority] or the governing body of a school maintained by such an authority to any registered pupil at the school.

(2) Regulations under this section may in particular—

(a) specify nutritional standards, or other nutritional requirements, which are to be complied with;

(b) require that drinking water is to be available, free of charge, on the premises of any school maintained by a [F1 local authority];

(c) require that specified descriptions of food or drink are not to be provided.

(3) Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a [F1 local authority] where the food or drink is brought on to those premises by any person for his own consumption.

(4) Where a [F1 local authority] or the governing body of a school maintained by such an authority provide food or drink—

(a) to anyone on the premises of the school, or

(b) to any registered pupil at the school at a place other than school premises,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(5) Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise.

(6) Where—

(a) food or drink is provided on the premises of a school maintained by a [F1 local authority],

(b) the provision is by a person (“X”) other than the authority or the governing body of the school, and

(c) X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(7) A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises.

(8) Without prejudice to the generality of section 138(7), regulations under this section may prescribe—

(a) different requirements in relation to different classes or descriptions of school as specified in the regulations;

(b) different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations;

(c) requirements which apply during different periods of the day as specified in the regulations.

(9) A “place other than school premises” means a place other than the premises of any school maintained by a [F1 local authority].

(10) References in this section to food or drink provided by a [F1 local authority] or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.”

(2) In section 512(4) of EA 1996 ( [F3 local authority] functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by [F3 local authorities] to meet nutritional standards)” substitute “ section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc) ”.

(3) Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F3 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. 14(3)

87 Power to charge for provision of meals etc E+W

(1) In section 512ZA of EA 1996 (duty of [F3 local authority] to charge for meals etc)—

(a) in subsection (1), for “shall” substitute “ may ”,

F105 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the heading, for “Duty” substitute “ Power ”.

(2) In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

(a) in subsection (3), for the words from “shall” to the end substitute “ may charge for anything so provided. ”,

F106 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the heading, for “Duties” substitute “ Functions ”.

Textual Amendments

F3 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. 14(3)

F105 S. 87(1)(b) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(3), Sch. 5 para. 34(3)(a)

F106 S. 87(2)(b) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(3), Sch. 5 para. 34(3)(b)

Part 7 E+W Discipline, behaviour and exclusion

Chapter 1 E+W School Discipline

Certain schools required to have behaviour policy E+W

88 Responsibility of governing body for discipline E+W

(1) The governing body of a relevant school must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) must make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under section 89(1), and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate.

(3) Before making or revising the statement required by subsection (2)(a) the governing body must consult (in such manner as appears to them to be appropriate)—

(a) the head teacher,

(b) such other persons who work at the school (whether or not for payment) as it appears to the governing body to be appropriate to consult,

(c) parents of registered pupils at the school, and

(d) registered pupils at the school.

(4) In exercising their functions under subsection (2) the governing body must have regard to any guidance given from time to time—

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the Assembly.

(5) In this section and section 89—

• “relevant school” means—

  (a)

  a community, foundation or voluntary school,

  (b)

  a community or foundation special school,

  (c)

  a maintained nursery school,

  (d)

  a pupil referral unit, or

  (e)

  a school approved by the Secretary of State or the Assembly under section 342 of EA 1996 (approval of non-maintained special schools);

• “governing body”, in relation to a school approved by the Secretary of State or the Assembly under section 342 of EA 1996, means the proprietor of the school.

Modifications etc. (not altering text)

C14 S. 88 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 30

Commencement Information

I110 S. 88 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I111 S. 88 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(a)

89 Determination by head teacher of behaviour policy E+W

(1) The head teacher of a relevant school must determine measures to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority,

(b) encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils,

(c) securing that the standard of behaviour of pupils is acceptable,

(d) securing that pupils complete any tasks reasonably assigned to them in connection with their education, and

(e) otherwise regulating the conduct of pupils.

(2) The head teacher [F107 of a relevant school in England ] must in determining such measures—

(a) act in accordance with the current statement made by the governing body under section 88(2)(a), and

(b) have regard to any notification or guidance given to him under section 88(2)(b).

[F108 (2A) The head teacher of a relevant school in Wales must in determining such measures—

(a) act in accordance with the current statement made by the governing body under section 88(2)(a),

(b) have regard to any notification or guidance given to him under section 88(2)(b), and

(c) require pupils at the school to comply with the travel behaviour code made by the Welsh Ministers under section 12 of the Learner Travel (Wales) Measure 2008.]

(3) [F109 In relation to a relevant school in England, the] standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.

[F110 (3A) In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—

(a) the governing body, or

(b) the Welsh Ministers.]

(4) The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).

[F111 (4A) In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.]

(5) The measures which the head teacher [F112 of a relevant school in England ] determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

[F113 (5A) The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.]

(6) The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—

(a) he must make the measures generally known within the school and to parents of registered pupils at the school, and

(b) he must in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons who work at the school (whether or not for payment).

Textual Amendments

F107 Words in s. 89(2) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(2), 28(2); S.I. 2009/2819, art. 2(2)(a)

F108 S. 89(2A) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(3), 28(2); S.I. 2009/2819, art. 2(2)(a)

F109 Words in s. 89(3) substituted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(4), 28(2); S.I. 2009/2819, art. 2(2)(a)

F110 S. 89(3A) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(5), 28(2); S.I. 2009/2819, art. 2(2)(a)

F111 S. 89(4A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(7), 82(3); S.I. 2012/924, art. 2

F112 Words in s. 89(5) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(6), 28(2); S.I. 2009/2819, art. 2(2)(a)

F113 S. 89(5A) inserted (4.1.2010) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 13(7), 28(2); S.I. 2009/2819, art. 2(2)(a)

Commencement Information

I112 S. 89 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I113 S. 89(1)-(3) (5)(6) in force at 1.1.2009 for W. by S.I. 2009/2545, art. 3(2)(a) (with art. 4)

I114 S. 89(4) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(b)

Enforcement of discipline (including compliance with instructions) E+W

90 Meaning of “disciplinary penalty” E+W

(1) In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him (whether because he fails to follow a rule in force at any such school or an instruction given to him by a member of its staff or for any other reason).

(2) In subsection (1), the reference to conduct, in relation to a pupil, includes—

(a) conduct which occurs at a time when the pupil is not on the premises of a school and is not under the lawful control or charge of a member of the staff of a school, but only to the extent that it is reasonable for the school imposing the penalty to regulate the pupil's conduct at such a time, and

(b) conduct which consists of a failure by the pupil to comply with a penalty previously imposed on him.

Commencement Information

I115 S. 90 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I116 S. 90 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(c)

91 Enforcement of disciplinary penalties: general E+W

(1) This section applies in relation to a disciplinary penalty imposed on a pupil by any school at which education is provided for him, other than a penalty which consists of exclusion.

(2) The imposition of the disciplinary penalty is lawful if the following three conditions are satisfied.

(3) The first condition is that the imposition of the penalty on the pupil—

(a) is not in breach of any statutory requirement or prohibition, and

(b) is reasonable in all the circumstances.

(4) The second condition is that the decision to impose the penalty on the pupil was made—

(a) by any paid member of the staff of the school, except in circumstances where the head teacher has determined that the member of staff is not permitted to impose the penalty on the pupil, or

(b) by any other member of the staff of the school, in circumstances where the head teacher has authorised the member of the staff to impose the penalty on the pupil and it was reasonable for the head teacher to do so.

(5) The third condition is that the decision to impose the penalty was made, and any action taken on behalf of the school to implement the decision was taken—

(a) on the premises of the school, or

(b) elsewhere at a time when the pupil was under the lawful control or charge of a member of staff of the school.

(6) In determining for the purposes of subsection (3)(b) whether the imposition of the penalty is reasonable, the following matters must be taken into account—

(a) whether the imposition of the penalty constitutes a proportionate punishment in the circumstances of the case, and

(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i) the pupil's age,

(ii) any special educational needs he may have,

(iii) any disability he may have, and

(iv) any religious requirements affecting him.

(7) For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a disability for the purposes of the [F114 Equality Act 2010].

(8) A determination or authorisation by the head teacher for the purpose of subsection (4)(a) or (b) may be made—

(a) in relation to a particular member of staff or members of staff of a particular description;

(b) in relation to a particular disciplinary penalty or disciplinary penalties of a particular description;

(c) in relation to a particular pupil or pupils of a particular description or generally in relation to pupils.

(9) Where the disciplinary penalty is detention outside school sessions, this section has effect subject to section 92.

(10) Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(11) This section is not to be construed as restricting what may lawfully be done apart from this section.

(12) In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.

Textual Amendments

F114 Words in s. 91(7) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 94 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2))

Commencement Information

I117 S. 91 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I118 S. 91 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(c)

92 Enforcement of disciplinary penalties: detention outside school sessions E+W

(1) This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.

(2) In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.

(3) The additional conditions are—

(a) that the pupil has not attained the age of 18,

(b) that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,

(c) that the detention is on a permitted day of detention, and

(d) that [F115 , in relation to a pupil at a school in Wales,] the pupil's parent has been given at least 24 hours' notice in writing that the detention is due to take place.

(4) The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.

(5) If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.

(7) This section is not to be construed as restricting what may lawfully be done apart from this section.

(8) In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—

(a) a school day, other than a day on which the pupil has leave to be absent, and for this purpose “leave” means leave granted by a person authorised to do so by the governing body or proprietor of the school;

(b) a Saturday or Sunday during a school term, other than a Saturday or Sunday which falls during, or at a weekend immediately preceding or immediately following, a half-term break;

(c) a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of the school other than teaching, other than such a day which is excluded by regulations made—

(i) in relation to England, by the Secretary of State, and

(ii) in relation to Wales, by the Assembly.

Textual Amendments

F115 Words in s. 92(3)(d) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 5, 82(3); S.I. 2012/84, art. 2

Modifications etc. (not altering text)

C15 S. 92(3)(b) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 12

C16 S. 92(3)(d) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 12

Commencement Information

I119 S. 92 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I120 S. 92(1)-(7) (8)(a)(c) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(d)

Use of reasonable force E+W

93 Power of members of staff to use force E+W

(1) A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c) prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.

(2) This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.

(3) The power conferred by subsection (1) may be exercised only where—

(a) the member of the staff and the pupil are on the premises of the school in question, or

(b) they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.

(4) Subsection (1) does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(5) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(6) In this section, “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

Commencement Information

I121 S. 93 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I122 S. 93 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(e)

Confiscation from pupils E+W

94 Defence where confiscation lawful E+W

(1) This section applies where, as a disciplinary penalty—

(a) an item which a pupil has with him or in his possessions is seized, and

(b) the item is retained for any period or is disposed of.

(2) A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—

(a) the seizure, retention or disposal (as the case may be), or

(b) any damage or loss which arises in consequence of it,

if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

(3) Nothing in this section applies where an item is seized under section [F116 550ZC or] 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).

(4) This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

Textual Amendments

F116 Words in s. 94(3) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Commencement Information

I123 S. 94 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I124 S. 94 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(e)

Interpretation of Chapter 1 E+W

95 Interpretation of Chapter 1 E+W

In this Chapter—

• “disciplinary penalty” has the meaning given by section 90;

• “member of the staff”, in relation to a school, means—

  (a)

  any teacher who works at the school, and

  (b)

  any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

• “possessions”, in relation to a pupil, includes any goods over which he appears to have control.

Commencement Information

I125 S. 95 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I126 S. 95 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(e)

Repeals E+W

96 Repeals consequential on provisions of Chapter 1 E+W

The following provisions (which are superseded by sections 88 to 93) cease to have effect—

(a) sections 550A and 550B of EA 1996;

(b) section 61 of SSFA 1998.

Commencement Information

I127 S. 96 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(a)

I128 S. 96(a) in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(f)

I129 S. 96(b) in force at 1.1.2009 for specified purposes for W. by S.I. 2009/2545, art. 3(2)(b)

I130 S. 96(b) in force at 31.10.2010 for W. in so far as not already in force by S.I. 2010/2543, art. 2(f)

Chapter 2 E+W Parental responsibilities and excluded pupils

Parenting contracts and parenting orders E+W

97 Parenting contracts E+W

(1) Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.

(2) After subsection (1) insert—

“(1A) This section also applies where a [F1 local authority] or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which—

(a) has caused, or is likely to cause—

(i) significant disruption to the education of other pupils, or

(ii) significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or

(b) forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds.

(1B) For the purposes of subsection (1A) the child's behaviour is connected with the school to the extent that it consists of—

(a) conduct at the school, or

(b) conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.”

(3) In subsection (6), after “subsection (1)” insert “ or (1A) ”.

(4) In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “ misbehaviour at ”.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I131 S. 97 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)

I132 S. 97 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(g)

98 Parenting orders in case of exclusion or misbehaviour E+W

(1) Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.

(2) In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3) In subsection (2), for “A [F1 local authority]” substitute “ A relevant body ”.

(4) After subsection (2) insert—

“(2A) A relevant body may also apply to a magistrates' court for a parenting order in respect of a pupil at a relevant school if—

(a) it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and

(b) such conditions as may be prescribed in regulations made by the appropriate person are satisfied.

(2B) For the purposes of subsection (2A), there are to be disregarded—

(a) any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and

(b) any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.”

(5) For subsection (3) substitute—

“(3) If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied—

(a) in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and

(b) in any case, that the making of the order would be desirable in the interests of improving the behaviour of the pupil.”

(6) After subsection (8) insert—

“(9) In this section “a relevant body” means—

(a) a [F1 local authority],

(b) the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.”

(7) In the heading, after “exclusion” insert “ or potential exclusion ”.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I133 S. 98 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)

I134 S. 98 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)

I135 S. 98 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(a)

99 Parenting contracts and parenting orders: further provisions E+W

(1) The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

(2) In section 21 (parenting orders: supplemental)—

(a) in subsection (1)(a), after “subsection (1)” insert “ or (1A) ”,

(b) after subsection (1) insert—

“(1A) In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.”,

(c) omit subsection (4), and

(d) in subsection (5), after “authorities,” insert “ governing bodies ”.

(3) After section 22 insert—

“22A Parenting contracts and parenting orders: further provisions

(1) The appropriate person may by regulations make further provision about the exercise by [F1 local authorities] and the governing bodies of relevant schools of their functions relating to—

(a) parenting contracts under section 19, and

(b) parenting orders under section 20.

(2) The provision that may be made under subsection (1) includes—

(a) provision limiting the power of a [F1 local authority] to enter into a parenting contract, or apply for a parenting order, in prescribed cases where—

(i) the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or

(ii) the child by reference to whom the contract is entered into or the application is made does not reside in that area;

(b) provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another;

(c) provision requiring one [F1 local authority] or governing body to consult with another before taking any prescribed step;

(d) provision authorising or requiring the provision of information by one [F1 local authority] or governing body to another;

(e) provision as to how the costs associated with parenting contracts entered into by [F1 local authorities] or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met.

(3) In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).”

(4) In section 24 (interpretation)—

(a) for “sections 19 to 21” substitute “ sections 19 to 22A ”, and

(b) after the definition of “child of compulsory school age” insert—

““governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;”.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I136 S. 99 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c) (with art. 5(2))

I137 S. 99 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)

I138 S. 99 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(a)

Excluded pupils E+W

100 Duty of governing body or proprietor where pupil excluded for fixed period E+W

(1) Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

(2) The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3) The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

(a) are made jointly with the governing body of at least one other relevant school, and

(b) make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

(4) In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

(5) In this section—

• “governing body”, in relation to a relevant school which is an [F117 Academy school, an alternative provision Academy,] a city technology college or a city college for the technology of the arts, means proprietor;

• “prescribed” means prescribed by regulations;

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

• “relevant school” does not include a pupil referral unit;

• “suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

Textual Amendments

F117 Words in s. 100(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(3); S.I. 2012/924, art. 2

Commencement Information

I139 S. 100 in force at 1.9.2007 by S.I. 2007/1801, art. 4(g)

101 Duty of [F1 local authority] in relation to excluded pupils E+W

(1) Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.

(2) After subsection (3) insert—

“(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.”

(3) For subsection (6) substitute—

“(6) In this section—

• “relevant school” means—

  (a)

  a maintained school,

  (b)

  an Academy,

  (c)

  a city technology college, or

  (d)

  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).”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I140 S. 101 in force at 1.9.2007 by S.I. 2007/1801, art. 4(g)

102 Reintegration interviews E+W

(1) Regulations may require the head teacher of a relevant school in prescribed cases to request any parent of a temporarily excluded pupil to attend an interview (“a reintegration interview”) at the school with the head teacher of the school or any other person authorised by the head teacher.

(2) The purpose of a reintegration interview is to assist the reintegration of the pupil after the period of exclusion and to promote the improvement of his behaviour.

(3) Regulations under this section may make provision about the time within which any reintegration interview must be held, the procedure for arranging the interview and the notification of any request to the parent.

(4) In this section—

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made—

  (a)

  in relation to England, by the Secretary of State, or

  (b)

  in relation to Wales, by the Assembly;

• “a temporarily excluded pupil” means a pupil who is or has been excluded on disciplinary grounds for a fixed period.

Commencement Information

I141 S. 102 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(d)

I142 S. 102 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(i)

I143 S. 102 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(b)

103 Duty of parent in relation to excluded pupil E+W

(1) This section applies where—

(a) a pupil of compulsory school age (“the excluded pupil”) is excluded on disciplinary grounds from a relevant school in England, whether for a fixed period or permanently, and

(b) notice under section 104 has been given to a parent of the pupil.

(2) The parent of the excluded pupil must ensure that the pupil is not present in a public place at any time during school hours on a day which—

(a) is one of the first five school days to which the exclusion mentioned in subsection (1)(a) relates or, where that exclusion is for a fixed period of five days or less, any of the days to which the exclusion relates, and

(b) is stated in the notice under section 104 to be a day on which the parent is subject to this subsection.

(3) If the excluded pupil is present in a public place at any time during school hours on a school day falling within subsection (2), the parent commits an offence.

(4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).

(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Proceedings for an offence under subsection (3) may not be instituted except by a [F1 local authority].

(7) Where the excluded pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for the purposes of subsection (2)(a) as the first day to which the exclusion relates.

(8) In this section—

• “parent”, in relation to a pupil, does not include any person who is not an individual;

• “public place” means—

  (a)

  any highway, and

  (b)

  any place to which at the material time the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission;

• “school hours” means any time during a school session of the school referred to in subsection (1)(a) or during a break between sessions of that school on the same day.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I144 S. 103 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)

104 Notice to parent relating to excluded pupil E+W

(1) The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.

(2) Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.

(3) The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—

(a) where a day is specified under subsection (2), the school day preceding that day,

(b) the fifth school day to which the exclusion relates, and

(c) the last school day to which the exclusion relates.

(4) Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.

(5) Where the appropriate authority are a [F1 local authority], they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.

(7) Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).

(8) In this section—

• “the appropriate authority” means—

  (a)

  in the case of a permanent exclusion or an exclusion from a pupil referral unit, a [F1 local authority],

  (b)

  in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and

  (c)

  in the case of an exclusion for a fixed period from a relevant school which is an [F118 Academy school, an alternative provision Academy,] a city technology college or a city college for the technology of the arts, the proprietor of the school;

• “prescribed” means prescribed by regulations;

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

• “the relevant enactment” means—

  (a)

  where the appropriate authority is a [F1 local authority], section 19 of EA 1996, and

  (b)

  in any other case, section 100 of this Act.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F118 Words in s. 104(8) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(4); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C17 S. 104 modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 7 (with art. 5)

Commencement Information

I145 S. 104 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)

105 Penalty notice in respect of presence of excluded pupil in public place E+W

(1) Where an authorised officer has reason to believe that a person has committed an offence under section 103(3), he may give the person a penalty notice in respect of the offence.

(2) A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence under section 103(3) to which the notice relates by payment of a penalty in accordance with the notice.

(3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

(4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates if he pays a penalty in accordance with the notice.

(5) Sums received by a [F1 local authority] under this section may be used by the authority for the purposes of any of their functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

(6) In this section—

• “authorised officer” means—

  (a)

  a constable,

  (b)

  an officer of a [F1 local authority] in England who is authorised by the authority to give penalty notices, or

  (c)

  an authorised staff member;

• “authorised staff member” means—

  (a)

  a head teacher of a relevant school in England, or

  (b)

  a member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices;

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

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I146 S. 105 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)

106 Penalty notices: supplemental E+W

(1) Regulations may make—

(a) provision as to the form and content of penalty notices;

(b) provision as to the monetary amount of any penalty and the time by which it is to be paid;

(c) provision for determining the [F1 local authority] to whom a penalty is payable;

(d) provision as to the methods by which penalties may be paid;

(e) provision as to the records which are to be kept in relation to penalty notices;

(f) provision as to the persons who may be authorised by a [F1 local authority] or a head teacher to give penalty notices;

(g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices;

(h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i) repayment of any amount by way of penalty under a penalty notice which is withdrawn, and

(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;

(i) provision for a certificate—

(i) purporting to be signed by or on behalf of a prescribed person, and

(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated;

(j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;

(k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;

(l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2) Without prejudice to the generality of subsection (1) or section 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3) [F1 Local authorities], head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.

(4) In this section —

• “penalty” means a penalty under a penalty notice;

• “penalty notice” has the meaning given by section 105(2);

and other expressions have the same meaning as in section 105.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I147 S. 106 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)

107 Penalty notices: amendments of Police Reform Act 2002 E+W

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

F119 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—

“(ac) the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);”.

(5) In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “ or (ac) ”.

(6) In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “ or (ac) ”.

Textual Amendments

F119 S. 107(2)(3) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 20(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I148 S. 107 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)

108 Removal of excluded pupils to designated premises E+W

(1) Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).

(2) In subsection (2)—

(a) for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and

(b) for “that subsection” substitute “ each of those subsections ”.

(3) After subsection (3) insert—

“(3ZA) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—

(a) is of compulsory school age,

(b) has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,

(c) remains excluded from that school,

(d) has not subsequently been admitted as a pupil to any other school, and

(e) has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated premises.”

(4) After subsection (3A) insert—

“(3B) In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.”

(5) In subsection (5), after the definition of “public place” insert—

““relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;”.

(6) In the heading, after “truants” insert “ and excluded pupils ”.

F120 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 S. 108(7) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 20(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I149 S. 108 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(e)

I150 S. 108 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(j)

School attendance E+W

109 Failure to secure school attendance E+W

(1) In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.

(2) After that subsection insert—

“(1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.”

(3) In subsection (2) of that section, for “(3)” substitute “ (2A) ”.

(4) After that subsection insert—

“(2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.”

(5) In subsection (3) of that section—

(a) at the end of paragraph (a) insert “ or ”, and

(b) omit paragraph (b) and the “or” immediately following it.

(6) In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

(7) In subsection (7) of that section, for “at a time when he was not” substitute “ unless the parent proves that at that time the child was ”.

(8) After that subsection insert—

“(7A) Where—

(a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—

(i) a maintained school,

(ii) a pupil referral unit,

(iii) an Academy,

(iv) a city technology college, or

(v) a city college for the technology of the arts,

(b) he remains for the time being a registered pupil at the school,

(c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and

(d) notice in writing of the arrangements has been given to the child's parent,

the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.

(7B) In subsection (7A)(c) “the appropriate authority” means—

(a) in relation to a maintained school, the governing body of the school,

(b) in relation to a pupil referral unit, the [F1 local authority], and

(c) in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.”

(9) In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

(10) In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “ unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996 ”.

(11) The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I151 S. 109(8) in force at 1.9.2007 by S.I. 2007/1801, art. 4(i)

110 Sums received under section 444A of EA 1996 E+W

In section 444A of EA 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil) for subsection (6) substitute—

“(6) Sums received by a [F1 local authority] under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.”

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

Commencement Information

I152 S. 110 in force at 1.9.2007 by S.I. 2007/1801, art. 4(i)

Interpretation of Chapter 2 E+W

111 Meaning of “maintained school” and “relevant school” in Chapter 2 E+W

In this Chapter—

• “maintained school” means—

  (a)

  a community, foundation or voluntary school,

  (b)

  a community or foundation special school, or

  (c)

  a pupil referral unit;

• “relevant school” means—

  (a)

  a maintained school,

  (b)

  [F121 an Academy school,

  (ba)

  an alternative provision Academy,]

  (c)

  a city technology college, or

  (d)

  a city college for the technology of the arts.

Textual Amendments

F121 Words in s. 111 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(5); S.I. 2012/924, art. 2

Part 8 E+W Inspections

Chapter 1 E+W The Office and the Chief Inspector

The Office E+W

112 The Office for Standards in Education, Children's Services and Skills E+W

(1) There is to be a body corporate known as the Office for Standards in Education, Children's Services and Skills.

(2) In this Part that body is referred to as “the Office”.

(3) The Office is to perform its functions on behalf of the Crown.

(4) Schedule 11 makes further provision about the Office.

Commencement Information

I153 S. 112(1)-(3) in force at 12.12.2006 by S.I. 2006/2990, art. 2(b)

I154 S. 112(4) in force at 12.12.2006 for specified purposes by S.I. 2006/2990, art. 2(c)

I155 S. 112(4) in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(r)

The Chief Inspector and other inspectors E+W

113 Her Majesty's Chief Inspector of Education, Children's Services and Skills E+W

(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(2) In this Part the holder of that office is referred to as “the Chief Inspector”.

(3) The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).

(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment.

(5) Those terms are to be determined by the Secretary of State.

(6) But the Chief Inspector—

(a) must not be appointed for a term of more than five years,

(b) may at any time resign by giving written notice to the Secretary of State, and

(c) may be removed from office by Her Majesty on the grounds that he is unable or unfit to carry out the duties of his office.

(7) The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.

(8) The office of Her Majesty's Chief Inspector of Schools in England is abolished.

(9) But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(10) As from the appointed day—

(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as Chief Inspector, and

(b) the terms of his appointment have effect as if determined under subsection (5).

(11) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Commencement Information

I156 S. 113 partly in force; s. 113 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I157 S. 113 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(s)

114 Her Majesty's Inspectors of Education, Children's Services and Skills E+W

(1) Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education, Children's Services and Skills.

(2) In this Part a person so appointed is referred to as an “HMI”.

(3) An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.

(4) Those terms are to be determined by the Chief Inspector.

(5) A person's appointment as HMI ends when he ceases to serve as a member of the staff of the Office.

(6) Any person who—

(a) is one of Her Majesty's Inspectors of Schools in England immediately before the appointed day, and

(b) is then serving as member of the staff of Her Majesty's Chief Inspector of Schools in England or of the Adult Learning Inspectorate,

is to become, as from that day, one of Her Majesty's Inspectors of Education, Children's Services and Skills.

(7) As from the appointed day—

(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as an HMI, and

(b) the terms of his appointment have effect as if determined under subsection (4).

(8) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Commencement Information

I158 S. 114 partly in force; s. 114 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I159 S. 114 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(s)

115 Further provision about Chief Inspector and other inspectors etc. E+W

Schedule 12 makes further provision about the Chief Inspector and persons acting on his behalf.

Commencement Information

I160 S. 115 in force at 1.4.2007 by S.I. 2007/935, art. 5(s)

Functions: the Office E+W

116 Functions of the Office E+W

(1) The Office has the following functions—

(a) to determine strategic priorities for the Chief Inspector in connection with the performance of his functions;

(b) to determine strategic objectives and targets relating to such priorities; and

(c) to secure that the Chief Inspector's functions are performed efficiently and effectively.

(2) The Office is to have such other functions in connection with the performance of the Chief Inspector's functions as may be assigned to it by the Secretary of State.

Modifications etc. (not altering text)

C18 S. 116(1)(a) modified (temp.) (12.12.2006) by Office for Standards in Education, Children’s Services and Skills (Transitional Provisions) Regulations 2006 (S.I. 2006/2991), regs. 1(1), 2(a)

Commencement Information

I161 S. 116(1)(a)(b) in force at 12.12.2006 by S.I. 2006/2990, art. 2(d)

I162 S. 116(1)(c)(2) in force at 1.4.2007 by S.I. 2007/935, art. 5(t)

117 Performance of Office's functions E+W

(1) The Office is to perform its functions for the general purpose of encouraging—

(a) the improvement of activities within the Chief Inspector's remit,

(b) the carrying on of such activities as user-focused activities, and

(c) the efficient and effective use of resources in the carrying on of such activities.

(2) In performing its functions the Office is to have regard to—

(a) the need to safeguard and promote the rights and welfare of children;

[F122 (aa) any matters raised by the Children's Commissioner with the Office or the Chief Inspector;]

(b) views expressed by relevant persons about activities within the Chief Inspector's remit;

(c) levels of satisfaction with such activities on the part of relevant persons;

(d) the need to promote the efficient and effective use of resources in the carrying on of such activities;

(e) the need to ensure that action by the Chief Inspector in relation to such activities is proportionate to the risks against which it would afford safeguards;

(f) any developments in approaches to inspection or regulatory action; and

(g) best practice amongst persons performing functions comparable to those of the Chief Inspector.

(3) In performing its functions the Office must also have regard to such aspects of government policy as the Secretary of State may direct.

(4) In this section—

(a) “children” means persons under the age of 18;

(b) “relevant persons”, in relation to activities within the Chief Inspector's remit, means persons who have an interest in such activities, whether—

(i) as persons for whose benefit they are carried on, or

(ii) as parents (if they are carried on for the benefit of children), or

(iii) as employers;

(c) “parents” includes persons—

(i) who are not parents of children but have parental responsibility for them (within the meaning of the Children Act 1989 (c. 41)), or

(ii) who have care of children.

(5) Subsection (6) provides for the interpretation, for the purposes of this Part, of references to activities within the Chief Inspector's remit and related expressions.

(6) For those purposes—

(a) “activities” includes—

(i) the provision of any form of education, training or care,

(ii) the provision of any form of services or facilities, and

(iii) the performance of any function;

(b) activities are within the Chief Inspector's remit—

(i) if he exercises any inspection function in relation to them, or

(ii) if they are services of the kind provided by persons in respect of whom he is the registration authority by virtue of any enactment; and

(c) references to persons for whose benefit activities are carried on are, in relation to activities within paragraph (a)(i) or (ii), references to persons for whom the education, training or care is provided, or (as the case may be) for whom the services or facilities are provided.

Textual Amendments

F122 S. 117(2)(aa) inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 116(2)(a), 139(5)

Commencement Information

I163 S. 117 in force at 12.12.2006 by S.I. 2006/2990, art. 2(e)

Functions: the Chief Inspector E+W

118 Functions of the Chief Inspector E+W

(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—

(a) the quality of activities within the Chief Inspector's remit and (where appropriate) the standards achieved by those for whose benefit such activities are carried on,

(b) improvements in the quality of such activities and in any such standards,

(c) the extent to which such activities are being carried on as user-focused activities, and

(d) the efficient and effective use of resources in the carrying on of such activities and services.

(2) If requested to do so by the Secretary of State, the Chief Inspector must provide the Secretary of State with information or advice on such matters relating to activities within the Chief Inspector's remit as are specified in the request.

(3) The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with any activities within his remit, including advice relating to a particular establishment, institution or agency.

(4) The Chief Inspector is to have such other functions in connection with activities within his remit as may be assigned to him by the Secretary of State.

(5) Subsection (6) applies where the Chief Inspector is requested under subsection (2) to provide the Secretary of State with information or advice on matters relating to activities within the Chief Inspector's remit.

(6) Any enactment by virtue of which—

(a) an inspection may be conducted by the Chief Inspector in relation to the activities in question (whether or not in pursuance of any duty), or

(b) any power of entry is exercisable by him in relation to those activities,

is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.

(7) In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.

(8) Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.

Commencement Information

I164 S. 118 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

119 Performance of Chief Inspector's functions E+W

(1) The Chief Inspector is to perform his functions for the general purpose of encouraging—

(a) the improvement of activities within the Chief Inspector's remit,

(b) the carrying on of such activities as user-focused activities, and

(c) the efficient and effective use of resources in the carrying on of such activities.

(2) The Chief Inspector must ensure—

(a) that his functions are performed efficiently and effectively, and

(b) that, so far as practicable, those functions are performed in a way that responds to—

(i) the needs of persons for whose benefit activities within the Chief Inspector's remit are carried on, and

(ii) the views expressed by other relevant persons about such activities.

(3) In performing his functions the Chief Inspector must have regard to—

(a) the matters mentioned in section 117(2);

[F123 (aa) any matters raised by the Children's Commissioner with the Chief Inspector;] and

(b) such aspects of government policy as the Secretary of State may direct.

(4) In this section “relevant persons” has the same meaning as in section 117.

Textual Amendments

F123 S. 119(3)(aa) inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 116(2)(b), 139(5)

Commencement Information

I165 S. 119 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

The Children's Rights Director E+W

F124 120 Children's Rights Director E+W

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

Textual Amendments

F124 S. 120 repealed (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 116(1), 139(5)

Annual reports etc. E+W

121 Annual and other reports to Secretary of State E+W

(1) The Chief Inspector must make an annual report to the Secretary of State.

(2) The Secretary of State must lay a copy of any such report before each House of Parliament.

(3) The Chief Inspector may make to the Secretary of State such other reports relating to matters which fall within the scope of the Chief Inspector's functions as he considers appropriate.

(4) The Chief Inspector may arrange for any report made by him under this section to be published in such manner as he considers appropriate.

Commencement Information

I166 S. 121 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Chapter 2 E+W General transfer of functions

122 General transfer of functions to the Chief Inspector E+W

(1) Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.

(2) In this section—

• “the existing Chief Inspector” means Her Majesty's Chief Inspector of Schools in England, and

• “the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part.

Commencement Information

I167 S. 122 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Chapter 3 E+W Inspection of Further Education and Training etc.

Education and training to which this Chapter applies E+W

123 Education and training to which this Chapter applies E+W

(1) This Chapter applies to the following kinds of education and training—

(a) secondary education provided in institutions which are in England and are within the further education sector;

(b) further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the [F125 Secretary of State] F126 ...;

[F127 (ba) education provided in 16 to 19 Academies;]

(c) further education for persons aged 19 or over which is wholly or partly funded by the [F128 Secretary of State]F129 ...;

(d) further education for persons aged under 19 which is provided by [F130 local authorities] in England;

(e) further education for persons aged 19 or over which is funded by such authorities;

(f) training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);

(g) training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the [F131 Secretary of State]F132 ...;

(h) such other education or training as may be prescribed by regulations made by the Secretary of State.

(2) The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).

(3) If regulations made by the Secretary of State so provide—

(a) the provision of information, advice or guidance falling within [F133 section F134 ... 100(1)(j) of the Apprenticeships, Skills, Children and Learning Act 2009], or

(b) the provision of any description of such information, advice or guidance specified in the regulations,

is to be treated for the purposes of this Chapter as training to which it applies.

(4) In this Chapter—

(a) “further education” and “secondary education” have the same meanings as in EA 1996, and

(b) any reference to institutions which are within the further education sector is to be read in accordance with section 91(3) of the Further and Higher Education Act 1992 (c. 13).

Textual Amendments

F125 Words in s. 123(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(2); S.I. 2012/924, art. 2

F126 Words in s. 123(1)(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51

F127 S. 123(1)(ba) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(6); S.I. 2012/924, art. 2

F128 Words in s. 123(1)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(2); S.I. 2012/924, art. 2

F129 Words in s. 123(1)(c) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51

F130 Words in s. 123(1)(d) 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. 14(6)

F131 Words in s. 123(1)(g) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(2); S.I. 2012/924, art. 2

F132 Words in s. 123(1)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51

F133 Words in s. 123(3)(a) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 61(c) (with art. 2(3))

F134 Words in s. 123(3)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 30(3); S.I. 2012/924, art. 2

Commencement Information

I168 S. 123 partly in force; s. 123 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I169 S. 123 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

Inspection E+W

124 Inspection of education and training to which this Chapter applies E+W

(1) The Chief Inspector must conduct—

(a) inspections of such education or training to which this Chapter applies as may be specified by the Secretary of State, and

(b) inspections of such class of education or training to which this Chapter applies as may be so specified.

(2) The inspections are to be conducted at such intervals as may be specified by the Secretary of State.

(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and

(b) may deal with such other matters as he considers relevant.

(5) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

F135 [F136 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137 (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any [F138 local authority in England] providing funds for the education or training inspected, and

(d) the provider of the education or training inspected.

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Textual Amendments

F135 S. 124(5)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 31; S.I. 2012/924, art. 2

F136 S. 124(5)(b)(ba) substituted for s. 124(5)(b) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 62 (with art. 2(3))

F137 S. 124(5)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 52

F138 Words in s. 124(5)(c) 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. 14(7)

Commencement Information

I170 S. 124 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

125 Inspection of further education institutions E+W

(1) The Chief Inspector must inspect all institutions within the further education sector [F139 , and all 16 to 19 Academies,] [F140 subject to subsection (1A)].

[F141 (1A) The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances.

(1B) An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.]

(2) [F142 Inspections under subsection (1)] are to be conducted at such intervals as may be specified by the Secretary of State.

(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and

(b) may deal with such other matters as he considers relevant.

(5) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

F143 [F144 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) F145 ... and

(c) the provider of the education or training inspected.

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Textual Amendments

F139 Words in s. 125(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(7); S.I. 2012/924, art. 2

F140 Words in s. 125(1) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(2)(a), 82(1)(d)

F141 S. 125(1A)(1B) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(2)(b), 82(1)(d)

F142 Words in s. 125(2) substituted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(2)(c), 82(1)(d)

F143 S. 125(5)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 32; S.I. 2012/924, art. 2

F144 S. 125(5)(b)(ba) substituted for s. 125(5)(b) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 63 (with art. 2(3))

F145 S. 125(5)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 53

Commencement Information

I171 S. 125 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

126 Other inspections E+W

(1) The Chief Inspector may inspect any education or training to which this Chapter applies (in a case where he is not required to do so by virtue of any provision of this Chapter).

[F146 (1A) The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.]

(2) The Chief Inspector may inspect any education or training to which this Chapter does not apply if—

(a) it is further education (whether for persons aged 16 or over but under 19, or for persons aged 19 or over) or training for persons aged 16 or over, and

(b) he is requested to conduct the inspection by the provider of the education or training.

[F147 (2A) On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must—

(a) make a written report on the inspection;

(b) arrange for the report to be published in such manner as the Chief Inspector considers appropriate.]

(3) On completing an inspection under this section [F148 conducted in any other case], the Chief Inspector may—

(a) make a written report on it;

(b) arrange for the report to be published in such manner as he considers appropriate.

(4) If the Chief Inspector makes a report of an inspection conducted under subsection (1) [F149 or (1A)], he must send copies of the report to—

(a) the Secretary of State,

F150 [F151 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152 (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any [F153 local authority in England] providing funds for the education or training inspected, and

(d) the provider of the education or training inspected.

(5) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

[F154 (5A) In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.]

(6) In the case of an inspection conducted under subsection (2) the Chief Inspector may charge the provider of the education or training concerned for the cost of the inspection.

(7) For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.

[F155 (8) In this section “exempt institution” has the meaning given by section 125(1B).]

Textual Amendments

F146 S. 126(1A) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(4), 82(1)(d)

F147 S. 126(2A) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(5), 82(1)(d)

F148 Words in s. 126(3) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(6), 82(1)(d)

F149 Words in s. 126(4) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(7), 82(1)(d)

F150 S. 126(4)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 33; S.I. 2012/924, art. 2

F151 S. 126(4)(b)(ba) substituted for s. 126(4)(b) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 64 (with art. 2(3))

F152 S. 126(4)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 54

F153 Words in s. 126(4)(c) 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. 14(7)

F154 S. 126(5A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 42(8), 82(3); S.I. 2012/84, art. 3

F155 S. 126(8) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(9), 82(1)(d)

Commencement Information

I172 S. 126 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

127 Action plans E+W

(1) This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1) [F156 or (1A)].

(2) The provider of the education or training which is the subject of the report must prepare a written statement of—

(a) the action which he proposes to take in the light of the report, and

(b) the period within which he proposes to take that action.

(3) That person must—

(a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

(4) The requirements of subsection (2) may be waived by the Chief Inspector.

Textual Amendments

F156 Words in s. 127(1) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(10), 82(1)(d)

Commencement Information

I173 S. 127 partly in force; s. 127 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I174 S. 127 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

128 Area inspections E+W

(1) If requested to do so by the Secretary of State, the Chief Inspector must inspect—

(a) the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 15 or over but under 19;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector may conduct such an inspection without being requested to do so.

(3) Subsection (4) applies if financial resources have been applied by—

[F157 (a) the [F158 Secretary of State],]

(aa) F159 ... or

(b) a [F160 local authority in England],

in respect of education or training which is being inspected under this section.

(4) In such a case the inspection may extend to considering whether the application of those resources in that way—

(a) constituted an efficient and effective use of the resources for the purpose of meeting the needs of persons within subsection (1)(a) as regards education or training of the kind in question, and

(b) was appropriate to secure value for money.

(5) The education or training that may be made the subject of an inspection under this section (“an area inspection”) is—

(a) any education or training to which this Chapter applies, or

(b) any other education or training within the scope of the Chief Inspector's functions.

(6) A provider of education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

(7) Any [F161 local authority in England] whose area is wholly or partly within the area which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

(8) In subsection (1)(a) the reference to persons who are aged 15 includes persons—

(a) for whom education is being provided at a school, and

(b) who will attain that age in the current school year;

and for this purpose “school” and “school year” have the same meanings as in EA 1996.

Textual Amendments

F157 S. 128(3)(a)(aa) substituted for s. 128(3)(a) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 65 (with art. 2(3))

F158 Words in s. 128(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 34; S.I. 2012/924, art. 2

F159 S. 128(3)(aa) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 55

F160 Words in s. 128(3)(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. 14(7)

F161 Words in s. 128(7) 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. 14(7)

Modifications etc. (not altering text)

C19 S. 128(3)(4) applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

C20 S. 128(6)(7) applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

Commencement Information

I175 S. 128 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

129 Reports of area inspections E+W

(1) On completing an area inspection conducted under section 128, the Chief Inspector must make a written report on it.

(2) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

F162 [F163 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) F164 ... and

(c) each [F165 local authority in England] whose area is wholly or partly within the area subject to the inspection.

(3) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Textual Amendments

F162 S. 129(2)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 35; S.I. 2012/924, art. 2

F163 S. 129(2)(b)(ba) substituted for s. 129(2)(b) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 66 (with art. 2(3))

F164 S. 129(2)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 56

F165 Words in s. 129(2)(c) 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. 14(7)

Commencement Information

I176 S. 129 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

130 Action plans following area inspections E+W

(1) This section applies where the Chief Inspector publishes a report of an area inspection conducted under section 128.

F166 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may direct a [F167 local authority in England] whose area is wholly or partly within the area covered by the report to prepare a written statement of—

(a) the action which they propose to take in the light of the report, and

(b) the period within which they propose to take that action.

(4) In preparing a statement under subsectionF168 ... (3) F169 ... the authority must consult such persons as the Secretary of State may direct.

(5) The F170 ... authority must—

(a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

F171 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 S. 130(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(2)

F167 Words in s. 130(3) 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. 14(7)

F168 Words in s. 130(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(3)(a)

F169 Words in s. 130(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(3)(b)

F170 Words in s. 130(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(4)

F171 S. 130(6) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 36(4); S.I. 2012/924, art. 2

Commencement Information

I177 S. 130 partly in force; s. 130 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I178 S. 130 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

Powers of entry etc. E+W

131 Power of entry E+W

(1) This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

(2) When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—

(a) any premises on which the education or training inspected is provided;

(b) any premises of the provider of that education or training which are used in connection with its provision.

(3) In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

Modifications etc. (not altering text)

C21 S. 131 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

Commencement Information

I179 S. 131 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

132 Power to inspect documents, etc. E+W

(1) This section applies to any inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

(2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents relating to the education or training inspected which are on any premises in relation to which he exercises his power of entry under section 131.

(3) The power in subsection (2) includes—

(a) power to require any person holding or accountable for any documents kept on the premises to produce them, and

(b) in relation to any such documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

(4) In connection with inspecting any such documents the Chief Inspector—

(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and

(b) may require a person within subsection (5) to afford him such reasonable assistance as he may require for that purpose.

(5) A person is within this subsection if he is—

(a) the person by whom or on whose behalf the computer is or has been used, or

(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

(6) The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

(7) Any person who without reasonable excuse—

(a) obstructs the exercise of any power conferred by section 131 or this section, or

(b) fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C22 S. 132 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

Commencement Information

I180 S. 132 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Other provisions E+W

133 Framework for inspections E+W

(1) The Chief Inspector must devise—

(a) a common set of principles applicable to all inspections conducted under this Chapter, or

(b) two or more common sets of principles each of which is applicable to a particular description of such inspections.

(2) A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.

(3) If the Chief Inspector devises two or more frameworks under subsection (1)(b), he must ensure that, taken together, they cover all inspections conducted under this Chapter.

(4) The Chief Inspector must publish a framework in such manner as he considers appropriate.

(5) The Chief Inspector may at any time revise a framework.

(6) The Chief Inspector must publish a revised framework in such manner as he considers appropriate.

Commencement Information

I181 S. 133 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

134 Abolition of Adult Learning Inspectorate E+W

(1) The Adult Learning Inspectorate is abolished on the appointed day.

(2) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Commencement Information

I182 S. 134 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Chapter 4 E+W F172 Inspection ... of Local Authorities in England

Textual Amendments

F172 Words in Pt. 8 Ch. 4 heading omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(2)

Functions to which this Chapter applies E+W

135 Functions to which this Chapter applies and related activities E+W

(1) This Chapter applies to the following functions of a local authority in England—

(a) the functions conferred on the authority under Part 1 of the Childcare Act 2006 (c. 21),

[F173 (b) the education functions of the authority (as defined in section 579(1) of EA 1996),] 

(c) the functions conferred on the authority under sections 10, 12 and 17 to 19 of the Children Act 2004 (c. 31),

(d) the social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) of the authority, so far as relating to persons aged under 18,

(e) (whether or not within paragraph (d)) functions conferred on or exercisable by the authority under the Children Act 1989 (c. 41), the Adoption (Intercountry Aspects) Act 1999 (c. 18) or the Adoption and Children Act 2002 (c. 38) and functions continuing to be exercisable by the authority under the Adoption Act 1976 (c. 36), F174 ...

[F175 (ea) any function conferred on the local authority under section 2 of the Childcare Act 2016; and]

(f) such other functions of the authority as may be prescribed by regulations made by the Secretary of State.

(2) In this Chapter “related activity”, in relation to a function to which this Chapter applies, means (subject to subsections (3) and (4)) anything done in any place by, or pursuant to arrangements made by, the authority under section 2(1)(a) or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and social well-being) [F176 or section 1 of the Localism Act 2011 (local authority’s general power of competence)] which is similar in nature to anything which could be done by the authority in the performance of the function in question.

(3) In relation to a function within subsection (1)(c), (d) or (e), anything done as mentioned in subsection (2) is a “related activity” only if it is done in relation to or for the benefit of—

(a) persons aged under 18,

(b) persons aged 18 or over in relation to whom the authority have functions under any of sections 23C to 24D of the Children Act 1989, or

(c) persons not within paragraph (a) or (b) in connection with adoption or special guardianship.

In paragraph (c) “special guardianship” means special guardianship under sections 14A to 14G of the Children Act 1989.

(4) In relation to a function prescribed by regulations under subsection (1)(f), anything done as mentioned in subsection (2) is a “related activity” only if it is prescribed as such by the regulations.

(5) On the coming into force of this Chapter the Commission for Social Care Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation to anything which may be inspected by the Chief Inspector under this Chapter.

Textual Amendments

F173 S. 135(1)(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. 14(8)

F174 Word in s. 135(1)(e) omitted (10.1.2017) by virtue of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 43(a)

F175 S. 135(1)(ea) inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 43(b)

F176 Words in s. 135(2) inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 8

Commencement Information

I183 S. 135 partly in force; s. 135 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I184 S. 135 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

Inspections F177 ... E+W

Textual Amendments

F177 Words in s. 136 cross-heading omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(3)

136 Inspection of local authorities in England E+W

(1) The Chief Inspector may inspect—

(a) the overall performance by any local authority in England of the functions to which this Chapter applies, or

(b) the performance by any such authority of any particular function or functions comprised in the functions to which this Chapter applies.

(2) An inspection under subsection (1) of the performance by an authority of any function must include an inspection of any related activity.

(3) When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the local authority specified in the request.

(4) Such a request may specify particular matters which the Chief Inspector must inspect.

Commencement Information

I185 S. 136 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

137 Reports of inspections under section 136 E+W

(1) On completing an inspection under section 136, the Chief Inspector must make a written report on the matters which were the subject of the inspection.

(2) The Chief Inspector must send copies of the report to—

(a) the local authority in England which was inspected, and

(b) the Secretary of State.

(3) Where an authority receive a copy of a report under this section, they must prepare a written statement of—

(a) the action which they propose to take in the light of the report, and

(b) the period within which they propose to take that action.

(4) The authority must publish—

(a) the report, and

(b) the statement prepared under subsection (3),

within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State.

(5) Such regulations may provide for the authority to charge a reasonable fee for providing a person with a copy of a document published under subsection (4).

(6) The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.

Commencement Information

I186 S. 137 partly in force; s. 137 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I187 S. 137 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

F178 138 Annual reviews of local authorities in England E+W

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

Textual Amendments

F178 S. 138 repealed (18.7.2012) by The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 3

Powers of entry etc. E+W

139 Power of entry E+W

(1) This section applies to—

(a) any inspection conducted by the Chief Inspector under section 136, F179 ...

F179 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Chief Inspector may, at any reasonable time, enter any premises for the purposes of the inspection F180 ..., other than any premises excluded by subsection (3).

(3) The premises excluded by this subsection are any domestic premises that are not a school (within the meaning of EA 1996).

Textual Amendments

F179 S. 139(1)(b) and word omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(4)(a)

F180 Words in s. 139(2) omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(4)(b)

Modifications etc. (not altering text)

C23 S. 139 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 1

Commencement Information

I188 S. 139 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

140 Power to inspect documents, etc. E+W

(1) This section applies to—

(a) any inspection conducted by the Chief Inspector under section 136, F181 ...

F181 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection F182 ..., he may do any of the following—

(a) inspect, take copies of, or take away any documents which—

(i) relate to the performance by the local authority being inspected F183 ... of any function to which this Chapter applies, or to any related activity, and

(ii) are on any premises in relation to which he exercises his power of entry under section 139,

(b) inspect or take away any other item which is on the premises,

(c) interview in private—

(i) any person working on the premises, or

(ii) (subject to subsection (3)) any person accommodated or cared for there, and

(d) make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.

(3) Subsection (2)(c)(ii) does not apply unless consent to the interview is given by or on behalf of the person concerned.

(4) The power in subsection (2)(a) includes—

(a) power to require any person holding or accountable for any documents kept on the premises to produce them, and

(b) in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

(5) In connection with inspecting any such documents, the Chief Inspector—

(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents, and

(b) may require a person within subsection (6) to afford him such reasonable assistance as he may require for that purpose.

(6) A person is within this subsection if he is—

(a) the person by whom or on whose behalf the computer is or has been used, or

(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

(7) The Chief Inspector may—

(a) require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 139 or this section, and

(b) take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(8) The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

(9) Any person who without reasonable excuse—

(a) obstructs the exercise of any power conferred by section 139 or this section, or

(b) fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F181 S. 140(1)(b) and word omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(5)(a)

F182 Words in s. 140(2) omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(5)(b)(i)

F183 Words in s. 140(2)(a)(i) omitted (18.7.2012) by virtue of The Legislative Reform (Annual Review of Local Authorities) Order 2012 (S.I. 2012/1879), arts. 1, 4(5)(b)(ii)

Modifications etc. (not altering text)

C24 S. 140 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 1

Commencement Information

I189 S. 140 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Supplementary E+W

141 Power to require information etc. E+W

(1) The Chief Inspector may at any time require any person within subsection (2) to provide him with any information, documents or other items—

(a) which relates or relate to the performance by a local authority in England of any of the functions to which this Chapter applies or any related activity, and

(b) which the Chief Inspector considers it necessary or expedient to have for the purposes of, or in connection with, the performance by him of any function under this Chapter.

(2) The persons within this subsection are—

(a) the local authority;

(b) any person with whom the authority have entered into arrangements—

(i) in the performance of any of the functions to which this Chapter applies, or

(ii) in connection with any related activity.

(3) The power in subsection (1) includes, in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

(4) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C25 S. 141 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 1

Commencement Information

I190 S. 141 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

142 Interpretation etc. E+W

(1) In this Chapter “related activity”, in relation to a function of a local authority to which this Chapter applies, has the meaning given by section 135(2) to (4).

(2) For the purposes of this Chapter, references to the performance by a local authority in England of any function include references to—

(a) anything done in any place by the authority in the performance of the function, and

(b) anything done in any place by another person pursuant to arrangements made by the authority in the performance of the function.

(3) This Chapter applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.

Commencement Information

I191 S. 142 partly in force; s. 142 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I192 S. 142 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

Chapter 5 E+W Inspection of CAFCASS functions

143 Inspection of CAFCASS functions E+W

(1) The Chief Inspector must inspect the performance of CAFCASS functions.

(2) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(3) The Chief Inspector must send copies of the report to—

(a) the Secretary of State, and

(b) CAFCASS.

(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

(5) In this Chapter—

(a) “CAFCASS” means the Children and Family Court Advisory and Support Service, and

(b) “CAFCASS functions” means the functions of CAFCASS and its officers.

Commencement Information

I193 S. 143 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

144 Power of entry E+W

(1) This section applies to an inspection conducted by the Chief Inspector under section 143.

(2) The Chief Inspector may, at any reasonable time, enter for the purposes of the inspection—

(a) any premises occupied by CAFCASS,

(b) any premises occupied by any organisation with whom arrangements have been made under section 13 of the 2000 Act (other powers of CAFCASS) in respect of the performance of any CAFCASS functions, and so occupied in connection with the performance of any such functions, or

(c) any premises occupied by any individual in connection with the performance of functions of an officer of the Service in accordance with arrangements under that section.

(3) Subsection (2) does not confer a power of entry to any part of any domestic premises.

(4) In this section and section 145 “officer of the Service” is to be construed in accordance with section 11(3) of the 2000 Act (establishment of CAFCASS).

(5) In this section “the 2000 Act” means the Criminal Justice and Court Services Act 2000 (c. 43).

Modifications etc. (not altering text)

C26 S. 144 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 4

Commencement Information

I194 S. 144 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

145 Power to inspect documents, etc. E+W

(1) This section applies to any inspection conducted by the Chief Inspector under section 143.

(2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents kept by CAFCASS, or otherwise relating to the performance of CAFCASS functions, which—

(a) are on any premises in relation to which he exercises his power of entry under section 144, or

(b) are kept by an officer of the Service on domestic premises.

(3) The power in subsection (2) includes—

(a) power to require any person holding or accountable for any documents kept on the premises to produce them, and

(b) in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

(4) In connection with inspecting any such documents the Chief Inspector—

(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and

(b) may require a person within subsection (6) to afford him such reasonable assistance as he may require for that purpose.

(5) Where any such computer, apparatus or material is kept on domestic premises—

(a) subsection (4) does not apply, but

(b) the Chief Inspector may require a person within subsection (6) to give him possession of it for the purpose of inspecting it and checking its operation.

(6) A person is within this subsection if he is—

(a) the person by whom or on whose behalf the computer is or has been used, or

(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

(7) Where the Chief Inspector takes possession of anything under subsection (5)—

(a) he may retain it for as long as he considers that it is necessary to retain it for the purposes of the inspection under section 143, but

(b) once he considers that it is no longer necessary to retain it for those purposes, he must arrange for it to be returned to the person from whose possession it was taken.

(8) The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

Modifications etc. (not altering text)

C27 S. 145 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 4

Commencement Information

I195 S. 145 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Chapter 6 E+W Further provisions relating to functions of Chief Inspector

Functions E+W

146 Inspection of secure training centres [F184 and secure colleges] E+W

(1) The Chief Inspector and the Secretary of State may make arrangements for the Chief Inspector to conduct inspections of secure training centres [F185 and secure colleges] in England.

(2) Inspections under this section shall be on such terms, including terms as to payments to be made to the Chief Inspector in respect of such inspections, as the Chief Inspector and the Secretary of State may agree in the arrangements.

F186 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 Words in s. 146 heading inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 22(2); S.I. 2015/778, art. 2(1)(c)

F185 Words in s. 146(1) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 22(3); S.I. 2015/778, art. 2(1)(c)

F186 S. 146(3) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 22(4); S.I. 2015/778, art. 2(1)(c)

Commencement Information

I196 S. 146 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

147 Inspection of premises in connection with adoption and fostering functions E+W

(1) The Secretary of State may by regulations require the Chief Inspector to arrange for premises which are used by a local authority in England in their performance of relevant functions to be inspected on such occasions or at such intervals as may be specified in the regulations.

(2) An inspection under this section is to be regarded for all purposes as undertaken under section 136.

(3) In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).

Commencement Information

I197 S. 147 partly in force; s. 147 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I198 S. 147 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(u)

148 Transfer of certain CSCI functions to the Chief Inspector E+W

(1) The functions of the CSCI under Part 2 of the Care Standards Act 2000 (registration and standards) as the registration authority in relation to—

(a) children's homes,

(b) residential family centres,

(c) fostering agencies,

(d) voluntary adoption agencies, and

(e) adoption support agencies,

are transferred to the Chief Inspector.

(2) The Chief Inspector shall make available to the public information about services of the kind provided by persons for whom he is [F187 (in accordance with subsection (1))] the registration authority under Part 2 of the Care Standards Act 2000.

(3) The functions of the CSCI under sections 65 and 87 to 87D of the Children Act 1989 (c. 41) (functions relating to children's homes, boarding schools and colleges) are transferred to the Chief Inspector.

(4) In this section “the CSCI” means the Commission for Social Care Inspection.

Textual Amendments

F187 Words in s. 148(2) repealed (1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 4(4), 44(4), Sch. 4 (with s. 6); S.I. 2010/2981, art. 4(l)

Commencement Information

I199 S. 148 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

149 Interaction with other authorities E+W

Schedule 13 contains provisions authorising or requiring the Chief Inspector to take certain action in relation to other authorities, including the carrying out of inspections under arrangements with them.

Commencement Information

I200 S. 149 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

General provisions E+W

150 Evidence of authority E+W

(1) This section applies to any person exercising (in accordance with paragraph 9 of Schedule 12)—

(a) any power of entry conferred on the Chief Inspector by virtue of any enactment,

(b) any power to inspect documents so conferred, or

(c) any power so conferred in connection with the inspection of documents.

(2) Any such person must, if so required, produce a duly authenticated document showing his authority to exercise the power concerned.

(3) Nothing in this section applies in relation to any exercise of the power conferred by section 141(1).

Commencement Information

I201 S. 150 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

151 Publication of inspection reports E+W

(1) For the purposes of the law of defamation, a report made by the Chief Inspector which—

(a) is published under any enactment, or

(b) is not so published but is made in pursuance of his functions under any enactment,

is privileged unless its publication is shown to have been made with malice.

(2) Where by virtue of any enactment the Chief Inspector has power to arrange for a report made by him to be published in a manner determined by him, he may (if he considers it appropriate to do so) arrange for the report to be published by electronic means only.

(3) Nothing in this section—

(a) limits any privilege subsisting apart from subsection (1), or

(b) prejudices the generality of any power of the Chief Inspector subsisting apart from subsection (2).

Modifications etc. (not altering text)

C28 S. 151 applied by 2005 c. 18, s. 10A(4) (as inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 225(2), 269(4); S.I. 2009/3317, art. 2, Sch.)

Commencement Information

I202 S. 151 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

152 Combined reports E+W

(1) Nothing in any enactment prevents the Chief Inspector from—

(a) combining in a single document two or more reports which are required to be made by him under any enactment or enactments, or

(b) combining in a single document one or more such reports and one or more reports which are required to be made by one or more other persons under any enactment or enactments,

and (in either case) combining the substantive reports to such extent as he considers appropriate.

(2) In this section such a document is referred to as a “combined report”.

(3) Where a combined report is made, any reference in any enactment—

(a) to the publication of a report, or

(b) to the giving or making available to any person of a copy of a report,

is to be read, so far as necessary, as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.

(4) The Chief Inspector may arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any enactment.

(5) The provisions of section 151 apply to a combined report (whether or not they would otherwise so apply).

Commencement Information

I203 S. 152 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

153 Use of information E+W

Information obtained by the Chief Inspector in connection with any of his functions may be used by him in connection with any of his other functions.

Commencement Information

I204 S. 153 in force at 1.4.2007 by S.I. 2007/935, art. 5(u)

Chapter 7 E+W Miscellaneous and supplementary

Miscellaneous E+W

F188 154 Duty to report on contribution of certain schools to community cohesion E+W

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

Textual Amendments

F188 S. 154 repealed (15.11.2011) by Education Act 2011 (c. 21), ss. 41(2), 82(1)(c)

155 Payment of annual fee to the Chief Inspector by local authorities E+W

(1) Regulations made by the Secretary of State may require a local authority in England to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the regulations.

(2) The regulations must specify—

(a) the amount of the fee, and

(b) the time at which it is to be paid.

(3) The Chief Inspector may make a scheme under subsection (4) that is to have effect at a time when no regulations are in force under subsection (1).

(4) A scheme under this subsection (“a scheme”) may provide for a local authority in England to be required to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the scheme.

(5) The amount of the fee payable by virtue of a scheme is to be such as may be specified in, or calculated or determined under, the scheme.

(6) A scheme may include provision—

(a) for different fees to be paid in different cases or classes of case;

(b) for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;

(c) for the time by which a fee must be paid;

(d) for varying or revoking a previous scheme.

(7) Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.

(8) The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.

(9) A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.

(10) A fee payable by virtue of this section may be recovered summarily as a civil debt.

(11) But subsection (10) is not to be read as prejudicing any other method of recovery.

(12) In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).

Commencement Information

I205 S. 155 partly in force; s. 155 in force at 8.11.2006 in so far as it confers power to make subordinate legislation see s. 188(1)

I206 S. 155 in force at 1.4.2007 in so far as not already in force by S.I. 2007/935, art. 5(v)

F189 156 Removal of HMICA's duty to inspect performance of Assembly's functions relating to family proceedings E+W

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

Textual Amendments

F189 S. 156 repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 21 (with art. 2)

Supplementary E+W

157 Minor and consequential amendments E+W

Schedule 14 contains minor and consequential amendments relating to the provision made by this Part.

Commencement Information

I207 S. 157 in force at 1.4.2007 by S.I. 2007/935, art. 5(w)

158 Transitional provisions and savings E+W

Schedule 15 contains—

(a) provision for the transfer of staff, property, rights and liabilities in connection with the establishment of the Office, and

(b) other transitional provisions and savings.

Commencement Information

I208 S. 158 in force at 12.12.2006 for specified purposes by S.I. 2006/2990, art. 2(f)

I209 S. 158 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(x)

159 Interpretation of Part 8 E+W

(1) In this Part—

• “activities within the Chief Inspector's remit” and related expressions are to be construed in accordance with section 117(6);

• F190 ...

• “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• F191 ...

• “document” means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);

• “domestic premises” means premises which are used wholly or mainly as a private dwelling;

• “functions” includes powers and duties;

• an “HMI” means one of Her Majesty's Inspectors of Education, Children's Services and Skills;

• “local authority in England” means—

  (a)

  a county council in England;

  (b)

  a metropolitan district council;

  (c)

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

  (d)

  a London borough council;

  (e)

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

  (f)

  the Council of the Isles of Scilly;

• “the Office” means the Office for Standards in Education, Children's Services and Skills;

• “the registration authority” means the person exercising functions relating to registration.

• F192 ...

(2) In this Part any reference to the carrying on of activities as “user-focused” activities is a reference to the carrying on of the activities in a way that focuses on the needs of those for whose benefit the activities are carried on.

Textual Amendments

F190 Words in s. 159(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 58

F191 Words in s. 159(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 68(a), Sch. 2 Pt. 1 (with art. 2(3))

F192 Words in s. 159(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 37; S.I. 2012/924, art. 2

Commencement Information

I210 S. 159 in force at 12.12.2006 by S.I. 2006/2990, art. 2(g)

Part 9 E+W Miscellaneous

Investigation of complaints by Chief Inspector E+W

160 Power of Chief Inspector to investigate complaints by parents about schools E+W

After section 11 of EA 2005 insert—

“Investigation of complaints E+W

11A Power of Chief Inspector to investigate complaints about schools

(1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—

(a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and

(b) in particular, for the purpose of determining, in the light of the complaint—

(i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and

(ii) whether it would be appropriate to carry out an inspection under section 8(2).

(2) A complaint is a qualifying complaint if—

(a) it is about a matter relating to a relevant school and that matter—

(i) falls within a prescribed description, and

(ii) does not fall within any prescribed exception,

(b) it is made in writing to the Chief Inspector, and

(c) it is made by a person who satisfies prescribed conditions.

(3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.

(4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.

(5) In this section, “relevant school” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).

11B Investigations under section 11A

(1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates.

(2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with—

(a) such information held by them as may be specified or described in the Chief Inspector's request, and

(b) such other information held by them as they consider may be relevant to the investigation.

(3) If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local education authority who maintain the school must provide him with—

(a) such information held by them as may be specified or described in the Chief Inspector's request, and

(b) such other information held by them as they consider may be relevant to the investigation.

(4) If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates—

(a) he must give notice to that effect to—

(i) the governing body of the school (unless the school falls within sub-paragraph (ii)), or

(ii) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school, and

(b) on being so notified, the governing body or (as the case may be) the local education authority must co-operate with the Chief Inspector in the making of arrangements for the meeting.

(5) In particular, the governing body or (as the case may be) the local education authority must if so requested by the Chief Inspector—

(a) allow the meeting to be held on the premises of the school,

(b) fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and

(c) take such steps as are specified by the Chief Inspector to give—

(i) the registered parents of registered pupils at the school, and

(ii) if the school is a maintained school which has a delegated budget, the local education authority who maintain the school,

such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose.

(6) The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)—

(a) a representative of the governing body of the school, and

(b) if the school is a maintained school, a representative of the local education authority who maintain the school.

(7) In this section—

• “governing body”, in relation to a relevant school which is not a maintained school, means the proprietor of the school;

• “maintain”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998;

• “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “qualifying complaint” is to be read in accordance with section 11A(2);

• “relevant school” has the meaning given by section 11A(5).

11C Reports of investigations

(1) This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector—

(a) requests information as mentioned in subsection (2) or (3) of that section, or

(b) gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates.

(2) The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint.

(3) If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to—

(a) the governing body of the school (unless the school falls within paragraph (b)), or

(b) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school.

(4) The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates.

(5) In this section, “governing body” and “qualifying complaint” have the same meaning as in section 11B.”

Commencement Information

I211 S. 160 in force at 28.3.2007 by S.I. 2007/935, art. 3

Powers to facilitate innovation E+W

161 Powers to facilitate innovation E+W

In Schedule 16—

(a) Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers to facilitate innovation), including amendments removing the restriction on the duration of the powers conferred by that Chapter; and

(b) Part 2 contains a consequential amendment.

References to “local education authority” or “children's services authority” E+W

162 Power to repeal references to “local education authority” and “children's services authority” etc U.K.

(1) Subject to subsection (5), the Secretary of State may by order—

(a) make such provision as appears to him to be appropriate for the purpose of—

(i) repealing any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in England or such an authority in Wales, or to both, and

(ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;

(b) make such provision as appears to him to be appropriate for the purpose of—

(i) repealing any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in England or a children's services authority in Wales, or to both, and

(ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;

(c) make such provision as appears to him to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a) or (b), or of both those paragraphs.

(2) An order under subsection (1) may make provision modifying any enactment whenever passed or made (including this Act), and may, in particular, make provision—

(a) modifying references (however expressed) in any statutory provision to the functions of a local education authority, or the functions of a local authority (however defined) in its capacity as a local education authority, where the references wholly or partly relate to a local education authority in England or a local education authority in Wales;

(b) modifying statutory provisions which consist of or include provision requiring or authorising consultation, co-operation, communication or other action between a local education authority in England and an English local authority or between a local education authority in Wales and a Welsh local authority;

(c) modifying statutory provisions which consist of or include provision imposing a duty on a local education authority in England or on a local education authority in Wales where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, an English local authority or a Welsh local authority;

(d) modifying statutory provisions which consist of or include provision imposing a duty on an English local authority or on a Welsh local authority where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, a local education authority in England or a local education authority in Wales;

(e) repealing statutory provisions which are spent or have ceased to be of any practical utility.

(3) The following powers to make provision by order under subsection (1) are exercisable by the Assembly as well as by the Secretary of State—

(a) the power to make provision under paragraph (a) of that subsection in relation to any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in Wales,

(b) the power to make provision under paragraph (b) of that subsection in relation to any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in Wales, and

(c) the power to make provision under paragraph (c) of that subsection in consequence of or in connection with any provision made by virtue of the powers under paragraph (a) or (b) of that subsection mentioned in paragraph (a) or (b) above, or by virtue of both those powers.

(4) The Secretary of State must not make an order under subsection (1), except with the consent of the Assembly, which contains provision made wholly or partly by virtue of any of the powers to make provision under that subsection mentioned in any of paragraphs (a) to (c) of subsection (3).

(5) An order under subsection (1) may make provision which is within the legislative competence of the Scottish Parliament only in consequence of provision made under such an order which is outside that competence.

[F193 (5A) The Welsh Ministers may by order—

(a) make such provision as appears to them to be appropriate for the purpose of—

(i) repealing any reference in a Measure of the National Assembly for Wales to a [local authority] (however expressed), and

(ii) replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;

(b) make such provision as appears to them to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a).]

[F193 (5B) An order under subsection (5A) may make provision modifying any enactment whenever passed or made, and may, in particular, make provision of the kind specified in paragraphs (a) to (e) of subsection (2).]

(6) In this section—

• “children's services authority in England” and “children's services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31);

• “English local authority” means—

  (a)

  a county council in England,

  (b)

  a metropolitan district council,

  (c)

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

  (d)

  a London borough council,

  (e)

  the Common Council of the City of London, or

  (f)

  the Council of the Isles of Scilly;

• “modify” includes amend or repeal;

• “statutory provision” means—

  (a)

  any provision of this or any other Act, including any Act passed after this Act, and

  (b)

  any provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;

• “Welsh local authority” means a county council or county borough council in Wales.

[F194 (7) In interpreting paragraphs (a) to (e) of subsection (2) for the purposes of subsection (5B), “statutory provision” also includes any provision of a Measure of the National Assembly for Wales, including any Measure passed after the Education (Wales) Measure 2009.]

Textual Amendments

F193 S. 162(5A)(5B) substituted for s. 162(5A) (E.W.) (9.12.2009) by Education (Wales) Measure 2009 (nawm 5), s. 26(2), Sch. para. 11

F194 S. 162(7) inserted (E.W.) (9.12.2009) by Education (Wales) Measure 2009 (nawm 5), s. 26(2), Sch. para. 12

Commencement Information

I212 S. 162 in force at 8.1.2007, see s. 188(2)

Provision of advice by adjudicator E+W

163 Provision of advice by adjudicator E+W

In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

“(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify.

(3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify—

(a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

(b) the proprietor of any other relevant school.

(3C) A person so requested by the adjudicator to provide information must comply with the request.

(3D) In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.”

Commencement Information

I213 S. 163 in force at 8.1.2007 by S.I. 2006/3400, art. 3(f)

Information about children receiving publicly-funded education E+W

164 Information about children receiving funded education outside school E+W

After section 537A of EA 1996 (provision of information about individual pupils) insert—

“537B Provision of information about children receiving funded education outside school

(1) Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed.

(2) In subsection (1), “the relevant person” means one or more of the following—

(a) the Secretary of State, and

(b) any prescribed person.

(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

(a) to him, or

(b) to any prescribed person.

(4) The Secretary of State may provide any individual child information—

(a) to any information collator,

(b) to any prescribed person, or

(c) to any person falling within a prescribed category.

(5) Any information collator—

(a) may provide any individual child information—

(i) to the Secretary of State,

(ii) to any other information collator, or

(iii) to the person who provides the funded education for the child or children to whom the information relates, and

(b) may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed—

(i) to any prescribed person, or

(ii) to any person falling within a prescribed category.

(6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

(a) the Secretary of State,

(b) any information collator, or

(c) any prescribed person.

(7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

(9) In this section—

• “child” means a person under the age of 19;

• “funded education” means education provided under arrangements made by a local education authority in pursuance of the duties imposed by section 19(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;

• “individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;

• “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.”

Commencement Information

I214 S. 164 in force at 28.3.2007 for E. by S.I. 2007/935, art. 2

I215 S. 164 in force at 1.9.2009 for W. by S.I. 2009/1027, art. 3(b)

Further education E+W

165 Power of members of staff of further education institutions to use force E+W

After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—

“85C Power of members of staff to use force

(1) A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the student himself), or

(c) prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.

(2) The power conferred by subsection (1) may be exercised only where—

(a) the member of the staff and the student are on the premises of the institution, or

(b) they are elsewhere and the member of the staff has lawful control or charge of the student.

(3) Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

(4) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(5) In this section, “member of the staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee.”

Commencement Information

I216 S. 165 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(b)

166 Collaboration arrangements: maintained schools and further education bodies E+W

(1) Regulations may enable—

(a) the governing body of a maintained school, whether alone or together with other such governing bodies, to make collaboration arrangements with one or more further education bodies;

(b) a further education body, whether alone or together with other further education bodies, to make collaboration arrangements with the governing body of a maintained school or the governing bodies of two or more such schools;

(c) a further education body to make collaboration arrangements with one or more further education bodies.

(2) “Collaboration arrangements” are arrangements for any of the functions of any of the bodies who make the arrangements (“the collaborating bodies”) to be discharged jointly or by a joint committee of those bodies.

(3) Regulations may make provision as to—

(a) the establishment by the collaborating bodies of a joint committee of those bodies for the purposes of discharging any functions in pursuance of collaboration arrangements made by them (“a joint committee”);

(b) the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;

(c) the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and his removal from office;

(d) the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;

(e) rights of persons to attend meetings of a joint committee;

(f) restrictions on persons taking part in proceedings of a joint committee;

(g) other matters relating to the constitution or procedure of a joint committee.

(4) Regulations may make provision as to—

(a) the functions of collaborating bodies which may or may not be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;

(b) the manner in which such functions are to be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;

(c) any other matters which are relevant to the discharge of functions by the collaborating bodies jointly, or as the case may be, by a joint committee in pursuance of such arrangements.

(5) Regulations may provide that any enactment relating to—

(a) the functions of the collaborating bodies which are to be discharged in pursuance of collaboration arrangements, or

(b) the governing bodies, or as the case may be the further education bodies, by whom those functions are to be discharged,

is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.

(6) In this section—

• “further education body” means—

  (a)

  a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992 (c. 13)) [F195 in England],

  (aa)

  [F196 a sixth form college corporation (as defined in section 90 of that Act),] or

  (b)

  the governing body of a designated institution (as defined by section 28(4) of that Act) [F197 in England] which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);

• “maintained school” means [F198 a school in England which is] a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “regulations” means regulations made by the Secretary of State (in relation to England) F199 ....

Textual Amendments

F195 Words in s. 166(6) inserted (16.11.2012) by Education (Wales) Measure 2011 (nawm 7), ss. 9(4)(a)(i), 33(2); S.I. 2012/2656, art. 2

F196 Words in s. 166(6) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 104 (with art. 2(3))

F197 Words in s. 166(6) inserted (16.11.2012) by Education (Wales) Measure 2011 (nawm 7), ss. 9(4)(a)(ii), 33(2); S.I. 2012/2656, art. 2

F198 Words in s. 166(6) inserted (16.11.2012) by Education (Wales) Measure 2011 (nawm 7), ss. 9(4)(b), 33(2); S.I. 2012/2656, art. 2

F199 Words in s. 166(6) omitted (16.11.2012) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 9(4)(c), 33(2); S.I. 2012/2656, art. 2

Commencement Information

I217 S. 166 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(b)

I218 S. 166 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

Early years provision E+W

167 Consultation with young pupils E+W

In section 176 of EA 2002 (consultation with pupils), in subsection (3)—

(a) in the definition of “maintained school”, for “or a community or foundation special school” substitute “ , a community or foundation special school or a maintained nursery school ”, and

(b) omit the definition of “pupil” (which excludes children who are being provided with nursery education).

Commencement Information

I219 S. 167 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(f)

I220 S. 167 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(k)

168 Maintained nursery schools: amendment of sections 496 and 497 of EA 1996 E+W

(1) In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions by [F3 local authority] or governing body), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.

(2) In section 497 of EA 1996 (Secretary of State's general default powers), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.

Textual Amendments

F3 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. 14(3)

Commencement Information

I221 S. 168 in force at 8.1.2007, see s. 188(2)

Independent schools E+W

169 Prohibition on participation in management of independent school E+W

After section 167 of EA 2002 insert—

“Prohibition on participation in management of independent schools E+W

167A Prohibition on participation in management of independent schools

(1) The appropriate authority may direct that a person—

(a) may not take part in the management of an independent school;

(b) may take part in the management of an independent school only in circumstances specified in the direction;

(c) may take part in the management of an independent school only if conditions specified in the direction are satisfied.

(2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.

(3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

(4) The appropriate authority may vary or revoke a direction under this section in prescribed cases.

(5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).

(6) In this section and sections 167B to 167D, “appropriate authority” means—

(a) in relation to England, the registration authority or such other public authority as may be prescribed;

(b) in relation to Wales, the registration authority or such other public authority as may be prescribed.

167B Directions under section 167A: appeals

(1) A person in respect of whom a direction has been given under section 167A may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999—

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) Regulations may—

(a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;

(c) prescribe the powers available to the Tribunal on allowing an appeal under this section.

167C Directions under section 167A: information

(1) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State in connection with his functions—

(a) under the Protection of Children Act 1999, except section 9 (the Tribunal);

(b) under Part 7 of the Care Standards Act 2000;

(c) under sections 142 to 144 of this Act;

(d) as registration authority under this Part.

(2) The National Assembly for Wales may provide to the appropriate authority any information relating to a person which is held by the Assembly in connection with its functions as registration authority under this Part.

(3) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise by the appropriate authority of its functions under sections 167A to 167C.

(4) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State or the National Assembly for Wales any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.

167D Directions under section 167A: notification

(1) Where the appropriate authority in relation to England gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

(a) the registration authority in relation to England (unless the appropriate authority is the registration authority), and

(b) the registration authority in relation to Wales and (if different) the appropriate authority in relation to Wales.

(2) Where the appropriate authority in relation to Wales gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

(a) the registration authority in relation to Wales (unless the appropriate authority is the registration authority), and

(b) the registration authority in relation to England and (if different) the appropriate authority in relation to England.”

Commencement Information

I222 S. 169 in force at 12.10.2009 for W. by S.I. 2009/2545, art. 3(1)(a)

170 Prohibition on participation in management: supplementary E+W

(1) In section 169 of EA 2002 (unsuitable persons), for the words from “any work” onwards substitute “ work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom ”.

(2) In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—

“(e) whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).”

(3) In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert—

“(ba) on an appeal under section 167B of the Education Act 2002;”.

Commencement Information

I223 S. 170 in force at 12.10.2009 for W. by S.I. 2009/2545, art. 3(1)(b)

I224 S. 170(2) in force at 8.9.2014 by S.I. 2014/2380, art. 2

171 Prohibition on participation in management: transitional provision E+W

(1) A person falls within this subsection if—

(a) immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and

(b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the [F200 Disclosure and Barring Service] under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him.

(2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act.

(3) Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

(4) Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act.

(5) In this section—

• “appropriate authority” has the same meaning as in section 167A of EA 2002;

• “prescribed” means prescribed by regulations under this section;

• “regulations” means regulations made [F201 by the Welsh Ministers;]

• “the relevant day” means the day on which section 167A of EA 2002 comes into force.

Textual Amendments

F200 Words in s. 171(1)(b) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(2)(f) (with Pt. 4)

F201 Words in s. 171(5) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 40(2); S.I. 2014/3364, art. 2(z)

Commencement Information

I225 S. 171 in force at 12.10.2009 for W. by S.I. 2009/2545, art. 3(1)(c)

172 Offences relating to independent schools E+W

(1) Part 10 of EA 2002 (independent schools) is amended as follows.

(2) After section 168 insert—

“168A Proceedings for offences

No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.

168B Offences by bodies corporate

(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.

168C Offences by unincorporated bodies

(1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

(2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.

(3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.

(4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.”

(3) In section 159 (unregistered schools), omit subsection (3).

(4) Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.

Commencement Information

I226 S. 172 in force at 8.1.2007, see s. 188(2)

Special educational needs E+W

173 Special educational needs co-ordinators E+W

In section 317 of EA 1996 (duties of governing body or [F3 local authority] in relation to pupils with special educational needs) after subsection (3) insert—

“(3A) The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

(3B) Regulations may—

(a) require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

(b) confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.”

Textual Amendments

F3 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. 14(3)

Commencement Information

I227 S. 173 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(c)

174 Time limits relating to statements of special educational needs E+W

(1) Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.

(2) In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after “or 329A” insert “ , or under regulations under sub-paragraph (1)(b), ”.

(3) In Schedule 27 (making and maintenance of statements under section 324)—

(a) in paragraph 5, for sub-paragraph (3) substitute—

“(3) Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.”, and

(b) in paragraph 11, after sub-paragraph (2A) insert—

“(2B) Where the local education authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.”

(4) Any regulations which were made under Schedule 26 or 27 to EA 1996 and are in force immediately before the commencement of this section are to have effect as from that time as if made under that Schedule as amended by subsection (2) or (3) (as the case may be).

Commencement Information

I228 S. 174 in force at 8.1.2007, see s. 188(2)

Other miscellaneous provisions E+W

175 Miscellaneous amendments relating to Wales E+W

Schedule 17 contains further amendments relating to Wales.

Commencement Information

I229 S. 175 in force at 30.6.2008 by S.I. 2008/1429, art. 3(2), Sch. Pt. 2

F202 176 Support schemes relating to education and training for persons aged 10 to 15 E+W

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

Textual Amendments

F202 S. 176 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 69, Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I230 S. 176 in force at 1.4.2007 by S.I. 2007/935, art. 5(y)

177 University bodies: amendment of section 29 of Leasehold Reform Act 1967 E+W

(1) Section 29 of the Leasehold Reform Act 1967 (c. 88) (which enables university bodies in certain circumstances to reserve rights for future development in relation to land sold or let by them) is amended as follows.

(2) In subsection (6), omit the words from “but a university body” to the end.

(3) In subsection (6B), for the words from “includes” to the end substitute—

“(a) includes development by a related university body (within the meaning of section 28(6)(b) above); and

(b) must be development for the purposes (other than investment purposes) of the university body or any such related university body.”

(4) Where immediately before the date on which this section comes into force—

(a) a university body have applied for consent under subsection (6) of section 29 of the Leasehold Reform Act 1967, and

(b) the application has yet to be determined,

consent under that subsection shall continue to be required; and for that purpose the amendments made by subsections (2) and (3) above shall be disregarded.

Commencement Information

I231 S. 177 in force at 8.1.2007, see s. 188(2)

Part 10 U.K. General

F203 178 Framework power relating to Wales E+W

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

Textual Amendments

F203 S. 178 repealed (25.5.2007) by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), arts. 1(2), 5(a) (with art. 2)

Commencement Information

I232 S. 178 in force at 8.1.2007, see s. 188(2)

F204 179 Restrictions on framework power conferred by section 178 E+W

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

Textual Amendments

F204 S. 179 repealed (25.5.2007) by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), arts. 1(2), 5(a) (with art. 2)

Commencement Information

I233 S. 179 in force at 8.1.2007, see s. 188(2)

180 Functions to be exercisable by National Assembly for Wales E+W

(1) Any function conferred on the Secretary of State by virtue of the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

(2) Those provisions are—

• section 4 (duty to identify children not receiving education);

• sections 40 to 54 (school admissions);

• [F205 section 55 (right of sixth-form pupils to opt out of religious worship);]

• section 56 (charges for music tuition);

• section 86 (provision of food and drink on school premises etc);

• section 164 (provision of information about children receiving funded education outside school);

• section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996);

• section 173 (special educational needs co-ordinators);

• section 174 (time limits relating to statements of special educational needs);

• Schedule 5 (funding of maintained schools).

Textual Amendments

F205 Words in s. 180(2) inserted (retrospectively) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 88

181 Orders and regulations: general provisions U.K.

(1) [F206 Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument.]

[F206 Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.]

(2) Any power of the Secretary of State or [F207 the Assembly] [F207 the Welsh Ministers] to make an order or regulations under this Act includes power—

(a) to make different provision for different cases or areas,

(b) to make provision generally or in relation to specific cases, and

(c) to make such incidental, supplementary, transitional or saving provision as the Secretary of State or [F208 the Assembly thinks] [F208 the Welsh Ministers think ] fit.

Textual Amendments

F206 S. 181(1) substituted (E.W.) (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 23(3)(a), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

F207 Words in s. 181(2) substituted (E.W.) (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 23(3)(b)(i), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

F208 Words in s. 181(2)(c) substituted (E.W.) (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 23(3)(b)(ii), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

182 Parliamentary control of orders and regulations U.K.

(1) Subject to subsection (2), any statutory instrument containing regulations or an order made under this Act by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to—

(a) an order under section 15(7)(b) (designation of primary school as rural primary school for purposes of sections 15 and 16),

[F209 (aa) regulations to which subsection (2A) applies,]

(b) an order under section 188(3) (commencement), or

(c) an instrument to which subsection (3) applies.

[F210 (2A) This subsection applies to regulations made under section 125(1A) (power to prescribe institutions exempt from inspection), apart from the first regulations to be made under that subsection.]

(3) A statutory instrument which contains (alone or with other provisions)—

(a) an order under section 80 (power to repeal the school travel scheme provisions),

[F211 (aza) the first regulations to be made under section 60B(3) (regulations defining “coasting” in relation to a school),]

[F212 (aa) regulations to which subsection (2A) applies,]

(b) an order under section 162 (power to repeal references to “local education authority” and “children's services authority” etc) which amends or repeals any provision of a public general Act, or

(c) regulations under section 183 which amend or repeal any provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F209 S. 182(2)(aa) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(11)(a), 82(1)(d)

F210 S. 182(2A) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(11)(b), 82(1)(d)

F211 S. 182(3)(aza) inserted (E.W.) (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(4), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

F212 S. 182(3)(aa) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 42(11)(c), 82(1)(d)

[F213 182A Assembly control of orders and regulations U.K.

(1) Any statutory instrument containing an order made under section 162(5A) by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.

(2) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the Assembly procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Assembly by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.]

Textual Amendments

F213 S. 182A inserted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 23(4), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

183 Power to make consequential and transitional provision etc E+W

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

(a) any supplementary, incidental or consequential provision, and

(b) any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect, to any provision of this Act.

(2) Regulations under this section may in particular—

(a) provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;

(b) amend or repeal any provision of—

(i) an Act passed before or in the same Session as this Act, or

(ii) subordinate legislation made before the passing of this Act.

(3) Nothing in this section limits the power by virtue of section 181(2) to include transitional or saving provision in an order under section 188(3) (commencement).

(4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.

184 Repeals E+W

The enactments specified in Schedule 18 (which include spent enactments) are repealed to the extent specified.

Commencement Information

I234 S. 184 partly in force; s. 184 in force at 8.11.2006 for certain purposes see s. 188(1); s. 184 in force at 8.1.2007 for certain purposes see s. 188(2)

I235 S. 184 in force at 12.12.2006 for specified purposes by S.I. 2006/2990, art. 2(h)

I236 S. 184 in force at 8.1.2007 for specified purposes for E. by S.I. 2006/3400, art. 2(d)

I237 S. 184 in force at 8.1.2007 for specified purposes by S.I. 2006/3400, art. 3(g)

I238 S. 184 in force at 8.2.2007 for specified purposes for E. by S.I. 2006/3400, art. 4(b)

I239 S. 184 in force at 27.2.2007 for specified purposes for E. by S.I. 2006/3400, art. 6(f)

I240 S. 184 in force at 27.2.2007 for specified purposes by S.I. 2006/3400, art. 7(d)

I241 S. 184 in force at 1.4.2007 for specified purposes for E. by S.I. 2007/935, art. 4(c)

I242 S. 184 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(z)

I243 S. 184 in force at 25.5.2007 for specified purposes for E. by S.I. 2007/935, art. 6(c)

I244 S. 184 in force at 25.5.2007 for specified purposes by S.I. 2007/935, art. 7(m)

I245 S. 184 in force at 1.9.2007 for specified purposes for E. by S.I. 2007/1801, art. 3(g)

I246 S. 184 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(j)

I247 S. 184 in force at 30.6.2008 for specified purposes for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

I248 S. 184 in force at 30.6.2008 for specified purposes by S.I. 2008/1429, art. 3(2), Sch. Pt. 2

I249 S. 184 in force at 1.9.2008 for specified purposes for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3

I250 S. 184 in force at 1.1.2009 for specified purposes for W. by S.I. 2009/2545, art. 3(2)(c)

I251 S. 184 in force at 1.9.2009 for specified purposes for W. by S.I. 2009/1027, art. 3(c)

I252 S. 184 in force at 2.4.2010 for specified purposes for W. by S.I. 2010/736, art. 3(b)

I253 S. 184 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(l)

185 Financial provisions U.K.

(1) There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by virtue of this Act by the Office for Standards in Education, Children's Services and Skills or by a Minister of the Crown, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2) There are to be paid into the Consolidated Fund—

(a) sums received by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of this or any other Act, and

(b) sums received by a Minister of the Crown by virtue of this Act.

186 Abbreviations of Acts U.K.

In this Act—

• “EA 1996” means the Education Act 1996 (c. 56);

• “EA 2002” means the Education Act 2002 (c. 32);

• “EA 2005” means the Education Act 2005 (c. 18);

• “SSFA 1998” means the School Standards and Framework Act 1998 (c. 31).

187 General interpretation U.K.

(1) In this Act—

• “the Assembly” means the National Assembly for Wales;

• “community or foundation special school” means a community special school or a foundation special school;

• “enactment” includes an enactment comprised in subordinate legislation;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(2) Subject to subsection (4), EA 1996 and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in EA 1996.

(3) The provisions of this Act referred to in subsection (2) are—

F214 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part 2 (establishment, alteration or discontinuance of schools in England);

(c) section 39 (general restriction on selection by ability);

(d) Part 4 (schools causing concern: England);

(e) Part 7 (discipline, behaviour and exclusion);

(f) section 166 (collaboration arrangements: maintained schools and further education bodies).

(4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of EA 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

(5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of SSFA 1998.

Textual Amendments

F214 S. 187(3)(a) omitted (15.11.2011) by virtue of Education Act 2011 (c. 21), ss. 33(2), 82(1)(a)

188 Commencement U.K.

(1) The following provisions come into force on the day on which this Act is passed—

• sections 86 and 87 (provision of food and drink on school premises etc.);

• section 109 (failure to secure school attendance), except subsection (8);

• section 111 (interpretation of Chapter 2 of Part 7);

• any provision of Part 8 (inspections) so far as it confers power to make subordinate legislation;

• section 161 (powers to facilitate innovation);

• section 180 (functions to be exercisable by Assembly);

• sections 181 and 182 (subordinate legislation);

• section 183 (power to make consequential and transitional provision etc.);

• sections 185 to 187, this section and sections 189 to 191;

• Schedule 16;

• Part 1 of Schedule 18, and section 184 so far as relating to that Part.

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

• section 6 (functions of [F3 local authorities] in England in respect of youth work, recreation etc.);

• section 52 (power of Assembly to make regulations about looked after children);

• section 58 (code of practice as to relationships between [F3 local authorities] and maintained schools in England, etc.);

• section 162 (power to repeal references to “local education authority” and “children's services authority”, etc.);

• section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996);

• section 172 (offences relating to independent schools);

• section 174 (time limits relating to statements of special educational needs);

• section 177 (university bodies: amendment of section 29 of Leasehold Reform Act 1967);

• sections 178 and 179 (framework power relating to Wales);

• Schedule 1;

• Part 2 of Schedule 18, and section 184 so far as relating to that Part.

(3) The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined by section 189) by order.

Textual Amendments

F3 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. 14(3)

189 The appropriate authority by whom commencement order is made U.K.

(1) This section has effect for determining who is the appropriate authority for the purposes of section 188(3).

(2) In relation to the provisions specified in subsection (3), the appropriate authority is—

(a) in relation to England, the Secretary of State, and

(b) in relation to Wales, the Assembly.

(3) Those provisions are—

• section 1 (duties in relation to high standards and fulfilment of potential);

• section 4 (duty to identify children not receiving education);

• in section 37 (staff at foundation or voluntary schools with religious character), subsections (1) and (2)(a);

• section 38 (general duties of governing body of maintained school);

• section 39 (general restriction on selection by ability);

• section 40 (code for school admissions);

• section 43 (duty of governing body to implement decisions relating to admissions);

• section 44 (prohibition on interviews);

• section 45 (admission arrangements for schools with religious character: consultation and objections);

• section 47 (objections to admission arrangements);

• section 53 (schools with pre-1998 arrangements for selection by ability or aptitude);

• section 55 (right of sixth-form pupils to be excused from attendance at religious worship);

• section 56 (charges for music tuition);

• section 57 (school funding);

• Chapter 1 of Part 7 (school discipline);

• sections 97, 98 and 99 (parenting contracts and parenting orders);

• section 102 (reintegration interviews);

• section 108 (removal of excluded pupils to designated premises);

• section 164 (provision of information about children receiving funded education outside school);

• section 165 (power of members of staff of further education institutions to use force);

• section 166 (collaboration arrangements: maintained schools and further education bodies);

• section 167 (consultation with young pupils);

• sections 169 to 171 (prohibition on participation in management of independent schools);

• section 173 (special educational needs co-ordinators);

• Schedule 5.

(4) In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.

(5) Those provisions are—

• section 156 (removal of duty to inspect performance of certain Assembly functions);

• section 175 (miscellaneous amendments relating to Wales);

• Schedule 17;

• the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004 (c. 31), and section 184 so far as relating to that repeal.

(6) In relation to a repeal contained in Part 6 of Schedule 18, and section 184 so far as relating to such a repeal, the appropriate authority is the appropriate authority for the purposes of section 188(3) in relation to the provision on which the repeal is consequential.

(7) In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.

190 Extent U.K.

(1) Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2) The following provisions extend also to Scotland and Northern Ireland—

• section 162;

• sections 181 and 182;

• sections 185 to 189, this section and section 191.

(3) Any amendment or repeal made by this Act, other than any amendment made by paragraph 2 of Schedule 10, has the same extent as the enactment amended or repealed.

191 Short title U.K.

(1) This Act may be cited as the Education and Inspections Act 2006.

(2) This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.