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Education Act 2002, Section 212 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Act, unless the context otherwise requires—
“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);
[F1“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);]
“the [F2local authority]”, in relation to a school maintained (or proposed to be maintained) by a [F2local authority], means that authority;
“prescribed” means prescribed by regulations;
“regulations” means regulations made under this Act by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).
(2)Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.
(3)The provisions of this Act referred to in subsection (2) are—
(a)Part 1 (provision for new legal frameworks),
(b)Part 2 (financial assistance for education and childcare),
(c)Part 3 (maintained schools),
(d)Part 5 (school organisation), except section 72 and Schedule 9,
(e)[F3Parts 6 and 7] [F3Part 6] (the curriculum),
(f)in Part 8, sections 119 to 146,
(g)in Part 9, section 153,
(h)Part 10 (independent schools), and
(i)in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207.
(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 the Education Act 1996 (c. 56), 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 the School Standards and Framework Act 1998 (c. 31).
Textual Amendments
F1Words in s. 212(1) 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. 11(12)
F2Words 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. 11(2)
F3Words in s. 212(3)(e) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(6)
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