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Education Act 2002
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This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Education Act 2002, Section 7 is up to date with all changes known to be in force on or before 23 December 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 7:
- s. 27(1A) inserted by 2010 c. 26 s. 4(1)
- s. 29B inserted by 2008 c. 25 s. 157
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 86(1) s. 86 renumbered as s. 86(1) by 2006 c. 40 s. 74(2)(c)
- s. 86(2) inserted by 2006 c. 40 s. 74(2)(c)
- s. 88(2)-(7) inserted by 2006 c. 40 s. 74(3)
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1A and 2 by S.I. 2005/2570 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 27(1A) inserted by 2010 c. 26 s. 4(1)
- s. 29B inserted by 2008 c. 25 s. 157
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 86(1) s. 86 renumbered as s. 86(1) by 2006 c. 40 s. 74(2)(c)
- s. 86(2) inserted by 2006 c. 40 s. 74(2)(c)
- s. 88(2)-(7) inserted by 2006 c. 40 s. 74(3)
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
Prospective
7 Exemptions available to qualifying schoolsE+W
This section has no associated Explanatory Notes
(1)Regulations may for the purposes of this section—
(a)designate any curriculum provision or pay and conditions provision as attracting exemption as of right,
(b)designate any curriculum provision or pay and conditions provision as attracting discretionary exemption,
(c)designate modifications of any curriculum provision or pay and conditions provision as being available as of right, and
(d)designate modifications of any curriculum provision or pay and conditions provision as being available on a discretionary basis.
(2)On the application of the governing body of a qualifying school, the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may by order—
(a)provide that any pay and conditions provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to school teachers employed at the school,
(b)provide that any pay and conditions provision which is designated under subsection (1)(c) or (d) is to apply in relation to school teachers employed at the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis,
(c)provide that any curriculum provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to the school,
(d)provide that any curriculum provision which is designated under subsection (1)(c) or (d) is to apply in relation to the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis, or
(e)revoke or vary any order previously made under this subsection.
(3)Where an application under subsection (2) by a qualifying school—
(a)relates only to exemption from provisions that are designated under subsection (1)(a) as attracting exemption as of right or to modifications that fall within the modifications designated under subsection (1)(c) as being available as of right (or only to such exemption and such modifications), and
(b)does not relate to the revocation or variation of an order previously made under subsection (2),
the Secretary of State or, as the case may be, the National Assembly for Wales shall make the order requested.
(4)The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications under subsection (2) which relate to—
(a)provisions which are designated under subsection (1)(b) as attracting discretionary exemption, or
(b)modifications which fall within the modifications designated under subsection (1)(d) as being available on a discretionary basis.
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 7(5) omitted (30.9.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(2), 39(1)
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