Education Act 1996

566 Evidence: documents. E+W

(1) In any legal proceedings, any of the following documents, namely—

(a) a document purporting to be a document issued by a [F1 local authority in connection with the exercise of their education functions], and to be signed by the clerk of that authority or by the [F2 director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)] or by any other officer of the authority authorised to sign it,

(b) a document purporting to be an extract from the minutes of the proceedings of the governing body of [F3 a maintained school], and to be signed by the chairman of the governing body or by their clerk,

(c) a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and

(d) a document purporting to be a certificate issued by a medical officer of a [F4 local authority], and to be signed by such an officer,

shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.

(2) In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.

[F5 (3) Where a child of compulsory school age is required to attend at—

(a) any place at which education is provided for him in the circumstances mentioned in subsection (1) [F6 or (1A)] of section 444ZA, or

(b) any place in the circumstances mentioned in subsection [F7 (1B) or] (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).]

Textual Amendments

F1 Words in s. 566(1)(a) 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. 7(13)

F2 Words in s. 566(1)(a) substituted (1.1.2008) (with effect in accordance with s. 18(9) of the commencing S.I.) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 4(3); S.I. 2007/1792, art. 2

F3 Words in s. 566(1)(b) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para.173 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4 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. 7(2) (with Sch. 2 para. 7(4)(5))

F5 S. 566(3) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 6 (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F6 Words in s. 566(3)(a) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 51(a); S.I. 2012/2197, art. 2(c)

F7 Words in s. 566(3)(b) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 51(b); S.I. 2012/2197, art. 2(c)