Education Act 1996

4 Schools: general. E+W

[F1 (1) In this Act [F2 (subject to [F3 subsections (1A) to (1C)])] “school” means an educational institution which is outside the further education sector and the [F4 wider] higher education sector and is an institution for providing—

(a) primary education,

(b) secondary education, or

(c) both primary and secondary education,

whether or not the institution also provides [F5 part-time education suitable to the requirements of junior pupils or] further education.]

[F6 (1A) An institution which—

(a) provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and

(b) is not a maintained nursery school,

is not a school.]

[F7 (1B) A 16 to 19 Academy is not a school.

(1C) An alternative provision Academy is a school.]

(2) [F8 Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) F9 . . ..

(3) For the purposes of this Act an institution is outside the further education sector if it is not—

(a) an institution conducted by a further education corporation established under section 15 or 16 of the M1 Further and Higher Education Act 1992, or

(b) a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) [F10 , or

(c) a sixth form college]

and references to institutions within that sector shall be construed accordingly.

[F11 (4) For the purposes of this Act an institution is outside the wider higher education sector if —

(a) in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or

(b) in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

and references to institutions within the wider higher education sector are to be construed accordingly.]

Textual Amendments

F1 S. 4(1) substituted (1.9.1997) by 1997 c. 44, s. 51; S.I. 1997/1468, art. 2, Sch. 1 Pt. II

F2 Words in s. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(2), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in s. 4(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(a); S.I. 2012/924, art. 2

F4 Word in s. 4(1) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(a)

F5 Words in s. 4(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F6 S. 4(1A) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(3), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F7 S. 4(1B)(1C) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(b); S.I. 2012/924, art. 2

F8 Words in s. 4(2) substituted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 10(a); S.I. 1998/386, art.2, Sch. 1 Pt. IV

F9 Words in s. 4(2) repealed (1.9.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 10(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV

F10 S. 4(3)(c) and word 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. 97 (with art. 2(3))

F11 S. 4(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(b)

Modifications etc. (not altering text)

C1 S. 4(1) restricted (1.9.2000 (E.) and 1.4.2001 (W.)) by 2000 c. 21, s. 110(3) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I

Marginal Citations

M1 1992 c. 13.