School Standards and Framework Act 1998

142 General interpretation. E+W

(1) In this Act, unless the context otherwise requires—

• F1 ...

• [F2 “the Assembly” means the National Assembly for Wales;]

• “Church in Wales school” means a [F3 foundation or voluntary] school in the Province of Wales in relation to which the religion or religious denomination specified under [F4 section 68A] is “Church in Wales” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the [F5 Welsh Ministers] may by order designate in respect of that diocese;

• “Church of England school” means a [F3 foundation or voluntary] school in the Province of Canterbury or York in relation to which the religion or religious denomination specified under section 69(4) is “Church of England” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;

• “community or foundation special school” means a community special school or a foundation special school;

• “contract of employment”, “employee” and “employer” have the same meaning as in the M1 Employment Rights Act 1996;

• “employment” (except in section 92(4)) means employment under a contract of employment, and “employed” shall be construed accordingly;

• [F6 “exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);

• “foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;]

• “maintained school” (except in Part III) has the meaning given by section 20(7);

• “prescribed” [F7 (except in sections 89 to 90)] means prescribed by regulations;

• “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;

• “regulations” [F8 (except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales)] means regulations made by the Secretary of State under this Act;

• “relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;

• “Roman Catholic Church school” means a [F3 foundation or voluntary] school in relation to which the religion or religious denomination specified under section [F9 68A or] 69(4) is “Roman Catholic” and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;

• “school maintained by a [F10 local authority]”, in relation to any time on or after the appointed day, means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;

• “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M2 Interpretation Act 1978.

(2) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority” [F11 the Welsh Ministers] shall consult the bishop for the diocese.

(3) Any reference in this Act to the religion or religious denomination specified in relation to a school under [F12 section 68A,] section 69(4) [F13 or 124B(2)] shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.

(4) As a result of subsection (3), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act [F14 (or Part 4 of the Education and Inspections Act 2006)] to “the appropriate diocesan authority” is—

(a) in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or

(b) in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context F15 ... [F16 or of section 64(4) or (6) of the Education and Inspections Act 2006], to both of them acting together).

[F17 (5) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—

(a) in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and

(b) in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.]

(6) For the purposes of this Act references to disposing of land include references to—

(a) granting or disposing of any interest in land;

(b) entering into a contract to dispose of land or to grant or dispose of any such interest; and

(c) granting an option to purchase any land or any such interest.

(7) For the purposes of this Act—

(a) a person employed by a [F10 local authority] is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and

(b) a person employed by a [F10 local authority] is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.

(8) This Act shall be construed as one with the M3 Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.

(9) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

(10) Subsection (1) of section 576 of that Act (meaning of “parent”) shall, in its application for the purposes of—

(a) section 43 or 62(2) of this Act, or

(b) paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,

be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.

Textual Amendments

F1 S. 142(1): definition of “the appropriate further education funding council” repealed (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 88, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F2 Words in s. 142(1) inserted (30.6.2008) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 17 para. 4; S.I. 2008/1429, art. 3(2), Sch. Pt. 2

F3 Words in s. 142(1) inserted (1.9.2003) by The Independent Schools (Employment of Teachers in Schools with a Religious Character) Regulations 2003 (S.I. 2003/2037), regs. 1(1), 4(2)

F4 Words in s. 142(1) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 39(2)(a)(ii)

F5 Words in s. 142(1) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 39(2)(a)(i)

F6 Words in s. 142(1) inserted (1.4.2003 for E. for specified purposes, 1.9.2003 for E. In so far as not already in force, 9.1.2004 for W. for specified purposes, 31.10.2005 for W. so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 112 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV; S.I. 2005/2910, art. 4, Sch.

F7 Words in s. 142(1) inserted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 72(a); S.I. 2008/3077, art. 2(d)

F8 Words in s. 142(1) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 39(2)(b)

F9 Words in s. 142(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 39(2)(c)

F10 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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F11 Words in s. 142(2) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 39(3)

F12 Words in s. 142(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 39(4)

F13 Words in s. 142(3) inserted (1.9.2003) by The Independent Schools (Employment of Teachers in Schools with a Religious Character) Regulations 2003 (S.I. 2003/2037), regs. 1(1), 4(3)

F14 Words in s. 142(4) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 15(a); S.I. 2007/935, art. 5(cc)

F15 Words in s. 142(4)(b) omitted (W.) (20.2.2014) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 4(6); S.I. 2014/178, art. 2(f) (with art. 3)

F16 Words in s. 142(4)(b) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 15(b); S.I. 2007/935, art. 5(cc)

F17 S. 142(5) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 35; S.I. 2008/2261, art. 2 (with Sch. 1)

Marginal Citations

M1 1996 c. 18.

M2 1978 c. 30.

M3 1996 c. 56.