Coronavirus Act 2020

Notices temporarily removing or relaxing statutory provisions etc: England

5 (1) The Secretary of State may by notice make provision in relation to England—

(a) disapplying, for a specified period, any enactment listed in sub-paragraph (5) or any similar Academy arrangements provision;

(b) modifying, for a specified period—

(i) any enactment listed in the table in sub-paragraph (6), in the manner described in that table, or

(ii) any similar Academy arrangements provision in the corresponding manner.

(2) A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to—

(a) a specified person or description of persons;

(b) a specified area;

(c) any other matter.

(3) A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Secretary of State considers appropriate.

(4) A notice under sub-paragraph (1) must state why the Secretary of State considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.

(5) This is the list referred to in sub-paragraph (1)(a)—

(a) section 512(3)(b) and (c)(ii) of the Education Act 1996 (provision of school meals);

(b) sections 437, 443 and 444(1) and (1A) of that Act (provisions relating to attendance at school);

(c) section 87 of the School Standards and Framework Act 1998 (no requirement to admit children permanently excluded from two or more schools);

(d) section 1(6) of the Care Standards Act 2000 (which provides that a school is a “children’s home” in specified circumstances);

(e) sections 5(1), 13(2)(b), 15(3), 17(2), 48(3) and 49(1) and (2) of the Education Act 2005 (provisions relating to inspections);

(f) section 1A(1)(b) of the Academies Act 2010 (requirement for academy to have broad and balanced curriculum);

(g) section 43 of the Children and Families Act 2014 (schools and other institutions named in EHC plan: duty to admit);

(h) section 44(1) of that Act (reviews and re-assessments).

(6) This is the table referred to in sub-paragraph (1)(b)—

Act	Enactment	Authorised modification
The Further and Higher Education Act 1992	Section 44 (collective worship)	Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
The Further and Higher Education Act 1992	Section 51A (duty to provide for named individuals: England)	Any duty imposed by section 51A on a governing body of an institution within section 51A(1) is to be treated as discharged if the governing body has used reasonable endeavours to discharge the duty.
Education Act 1996	Section 3 (definition of “pupil”)	A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus.
Education Act 1996	Section 14 (functions in respect of primary and secondary schools)	Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education Act 1996	Section 15ZA to 15ZC (duties on local authorities in respect of post-16 education and training)	Any duty imposed on a person by sections 15ZA to 15ZC is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education Act 1996	Section 19 (exceptional provision of education in pupil referral units or elsewhere)	Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education Act 1996	Sections 508A to 508F and Schedule 35C (travel arrangements)	Any duty imposed on a person by sections 508A to 508F or Schedule 35C is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education Act 1996	Sections 512 to 512ZB (school meals)	Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
School Standards and Framework Act 1998	Section 70 (requirements relating to collective worship)	Any duty imposed on a person by section 70 is to be treated as discharged if the person used reasonable endeavours to discharge the duty.
School Standards and Framework Act 1998	Section 88D (determination of admission numbers)	Section 88D has effect as if subsections (1) and (3) were omitted, and in subsection (2) for “Such a determination under section 88C may also” there were substituted “A determination under section 88C may” and paragraph (b) (and the preceding “and”) were omitted.
School Standards and Framework Act 1998	Section 99 (general restriction on selection by ability or aptitude)	Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted.
Education Act 2005	Section 5 (duty of chief inspector to inspect certain schools)	The duty imposed by section 5(1)(a) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty.
Education Act 2005	Section 13 (duty of chief inspector to consider comments on reports of schools causing concern)	The duty imposed by section 13(2)(b) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty.
Education Act 2005	Section 15 (measures to be taken by local authority)	The duty imposed on a local authority by virtue of section 15(3) is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty.
Education Act 2005	Section 17 (statement to be prepared by proprietor of school)	The duty imposed on a person by virtue of section 17(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education Act 2005	Section 48 (inspection of religious education: England)	Any duty imposed on a person by section 48(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education Act 2005	Section 49 (procedure for inspection under section 48)	Any duty imposed on a person by section 49(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty.
Childcare Act 2006	Sections 7 and 7A (duty to secure early years provision free of charge in accordance with regulations)	Any duty imposed on a person by or under section 7 or 7A is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Childcare Act 2006	Section 12 (duty to provide information, advice and assistance)	Any duty imposed on a person by or under section 12 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.
Education and Skills Act 2008	Section 124(2) (time limit for appeal by proprietor against decision to deregister independent educational institution)	The period for bringing an appeal is to be treated as increased from 28 days to 3 months.
Education and Skills Act 2008	Section 125(2) (time limit for appeal by proprietor against other decisions relating to independent educational institution)	The period for bringing an appeal is to be treated as increased from 28 days to 3 months.
Children and Families Act 2014	Section 42 (duty to secure special educational provision and health care provision in accordance with EHC Plan)	Any duty imposed on a person by section 42 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.

(7) The specified period in a notice under sub-paragraph (1) must not exceed one month.

(8) The Secretary of State may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice.

(9) A cancellation notice may contain transitional or saving provision.

(10) Where a notice under sub-paragraph (1) modifies section 124(2) or 125(2) of the Education and Skills Act 2008 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any decision notice served during the specified period in the notice (except that if the notice is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)).

(11) Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision.

(12) Subject to sub-paragraph (13), the Secretary of State must—

(a) publish a notice under this paragraph, and

(b) take such other steps as the Secretary of State considers reasonable to bring the notice to the attention of those persons likely to be affected by it.

(13) Where the notice relates to a person specified by name—

(a) the Secretary of State must give a copy of the notice to that person, and

(b) the published version of the notice must not identify any individual without their consent.

(14) In this paragraph—

• “Academy arrangements” has the meaning given by section 1(2) of the Academies Act 2010;

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), and includes an enactment whenever passed or made;

• “similar Academy arrangements provision” means—

  (a)

  for the purposes of sub-paragraph (1)(a) any provision of Academy arrangements which is similar to any enactment listed in sub-paragraph (5), and

  (b)

  for the purposes of sub-paragraph (1)(b) any provision of Academy arrangements which is similar to any enactment listed in the table in sub-paragraph (6);

• “specified”, in relation to a notice under sub-paragraph (1), means specified in the notice.