confers functions on the Secretary of State and local education authorities with respect to primary, secondary and further education; F1. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

full-time education suitable to the requirements of junior pupils who have not attained the age of 10 years and six months; and

full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils within paragraph (a).

(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training), and

organised leisure-time occupation provided in connection with the provision of such education,

has begun a particular course of secondary education before attaining the age of 18, and

continues to attend that course,

a person who has attained the age of 19 for whom further education is being provided, or

a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

primary education,

secondary education, or

both primary and secondary education,

an institution conducted by a further education corporation established under section 15 or 16 of the M2Further and Higher Education Act 1992, or

a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act);

a university receiving financial support under section 65 of that Act,

an institution conducted by a higher education corporation within the meaning of that Act, or

a designated institution for the purposes of Part II of that Act (defined in section 72(3) of that Act);

notwithstanding anything in this Act (and in particular section 1); but

without prejudice to the exercise of any other power conferred by this Act.

when he attains the age of five, if he attains that age on a prescribed day, and

otherwise at the beginning of the prescribed day next following his attaining that age.

if he attains the age of 16 after that day but before the beginning of the school year next following,

if he attains that age on that day, or

(unless paragraph (a) applies) if that day is the school leaving date next following his attaining that age.

provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

determine the day in any calendar year which is to be the school leaving date for that year.

the local education authority for a county is the county council; and

the local education authority for a county borough is the county borough council.

the further education funding councils established under section 1 of the M3Further and Higher Education Act 1992, or

the higher education funding councils established under section 62 of that Act.

persons of compulsory school age (whether at school or otherwise); and

persons of any age above or below that age who are registered as pupils at schools maintained by the authority;

primary education, and

education that is secondary education by virtue of section 2(2)(a),

the pupils’ different ages, abilities and aptitudes, and

the different periods for which they may be expected to remain at school,

the need for securing that primary and secondary education are provided in separate schools;

the need for securing that special educational provision is made for pupils who have special educational needs; and

the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.

education to which section 2(1) of the M4Further and Higher Education Act 1992 applies (that is, full-time education suitable to the requirements of persons who are over compulsory school age and under the age of 19); or

the requirements of persons over compulsory school age who have learning difficulties.

he has a significantly greater difficulty in learning than the majority of persons of his age, or

he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided in pursuance of the duty under subsection (1) for persons of his age.

of training, including vocational, social, physical and recreational training, and

of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

establish primary schools and secondary schools;

maintain primary and secondary schools, whether established by them or not; and

assist any primary or secondary school which is not maintained by them.

part-time education suitable to the requirements of persons of any age over compulsory school age; or

full-time education suitable to the requirements of persons who have attained the age of 19.

establish nursery schools;

maintain nursery schools established by them or by an authority which was a local education authority within the meaning of any enactment repealed by the M5Education Act 1944 or an earlier Act; and

assist any nursery school not so established.

is specially organised to provide education for such children, and

is not a county school or a special school,

persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education;

persons who appear to him to have experience of, and to have shown capacity in, the provision of education in voluntary schools, or in grant-maintained schools having foundation governors;

persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession; and

persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

a body appearing to him to be representative of the Church of England, and

a body appearing to him to be representative of the Roman Catholic Church,

section 23 (value-for-money studies of grant-maintained schools);

section 27 (responsibility for provision of school places to be held together with, or to the exclusion of, local education authority); and

Chapter VI of Part III (funding of grant-maintained schools).

in forming an opinion as to whether any value-for-money study is required to be carried out in pursuance of this section, have regard to the desirability of value-for-money studies being carried out at regular intervals, and

in determining the scope of any value-for-money study to be carried out in pursuance of this section otherwise than on the direction of the Secretary of State, have regard to the scope of any value-for-money study which is being or has recently been carried out.

any examination into the economy, efficiency and effectiveness with which the governing body of the school have, in discharging their functions, used grant made by the authority, and

any study designed to improve economy, efficiency and effectiveness in the management or operations of the school.

in relation to schools, or local education authority areas, in England is to the Funding Agency for Schools, and

in relation to schools, or local education authority areas, in Wales is, subject to subsection (2), to the Schools Funding Council for Wales,

make such reports and returns to the Secretary of State, and

give to the Secretary of State such information,

make such reports and returns to the funding authority, and

give to the funding authority such information,

compile such information, and

make such provision for conducting, or assisting the conduct of, research,

nursery schools, or

children who will be under F23compulsory school age at the time of their proposed admission.

shall provide the Secretary of State with such information or advice in connection with any function of his relating to the provision of education as he may from time to time require; and

may provide the Secretary of State with such information or advice relating to such provision as they think fit.

make such reports and returns to any local education authority, and

give to any local education authority such information,

compile such information, and

make such provision for conducting, or assisting the conduct of, research,

for or in connection with educational purposes of any class or description so specified,

in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the funding authority to be required for meeting any special needs of the population of the area served by the schools in question, or

in respect of expenses of any class or description so specified, being expenses which it appears to the funding authority the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant.

on a regular basis in respect of expenditure of a recurrent kind, or

by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.

(in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status which include sponsor governors on the incorporation date) with that date,

(in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which include sponsor governors on the date of implementation of the proposals) with that date, and

(in any other case) with the date when the instrument of government naming a person as the sponsor of the school came into effect.

requirements specified in grant regulations as requirements which may be imposed by the funding authority on governing bodies to whom such payments are made, and

requirements determined in accordance with grant regulations by the funding authority.

may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

subject to subsection (4), may at any time be varied by the funding authority.

does not apply to a requirement of the kind mentioned in subsection (2)(a), or a requirement required to be imposed by the regulations (by virtue of subsection (9)) or by directions under section 24, unless the Secretary of State has consented to the variation, and

is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grant in question.

the amount of the payments made in respect of the grant, or

so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

the grant is made in respect of the provision, alteration or repair of premises for a school, and

any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

maintenance grant for a grant-maintained school in respect of any financial year,

special purpose grant, and

capital grant,

in respect of an over-payment of maintenance grant in respect of a financial year, or

by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 247(6) or otherwise),

requirements specified in grant regulations as requirements which may be imposed by the Secretary of State on governing bodies to whom such payments are made, and

requirements determined in accordance with grant regulations by the Secretary of State.

may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

may at any time be waived or removed or, subject to subsection (5), varied by the Secretary of State.

does not apply to a requirement of the kind mentioned in subsection (2)(a), and

is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grants in question.

which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant, or

which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are made,

the amount of the payments made in respect of the grant, or

so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

the grant is made in respect of the provision, alteration or repair of premises for a school, and

any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

maintenance grant for a grant-maintained school in respect of any financial year,

special purpose grants, and

capital grants,

in respect of an over-payment of maintenance grant in respect of a financial year, or

by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 253(6) or otherwise),

he has a significantly greater difficulty in learning than the majority of children of his age,

he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the local education authority, or

he is under F285compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of F286. . . that age.

in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local education authority (other than special schools) F287. . ., and

in relation to a child under that age, educational provision of any kind.

local education authorities, and such governing bodies, exercising functions under this Part, and

any other person exercising any function for the purpose of the discharge by local education authorities, and such governing bodies, of functions under this Part,

his receiving the special educational provision which his learning difficulty calls for,

the provision of efficient education for the children with whom he will be educated, and

the efficient use of resources.

an independent school which is not a mainstream school, or

a school approved under section 342,

he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

he is admitted to a community or foundation special school which is established in a hospital.

section 348, or

paragraph 3 of Schedule 27.

to make a statement for a child under section 324, but

not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

for England, by the Secretary of State,

for Wales, by the National Assembly for Wales.

use their best endeavours, in exercising their functions in relation to the school, to secure that, if any registered pupil has special educational needs, the special educational provision which his learning difficulty calls for is made,

secure that, where the responsible person has been informed by the local education authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and

secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.

in the case of F292a community, foundation or voluntary school, the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this paragraph, that other governor), and

in the case of a nursery school, the head teacher.

the governing bodies of F293community, foundation and voluntary schools shall, in exercising functions relating to the provision for such children, consult the local education authority F294. . . and the governing bodies of other such schools, and

in relation to maintained nursery schools, the local education authority shall, in exercising those functions, consult F295the governing bodies of community, foundation and voluntary schools.

the child receiving the special educational provision which his learning difficulty calls for,

the provision of efficient education for the children with whom he will be educated, and

the efficient use of resources,

the arrangements for the admission of disabled pupils;

the steps taken to prevent disabled pupils from being treated less favourably than other pupils; and

the facilities provided to assist access to the school by disabled pupils;

special educational provision is made for him at the school because it is considered that he has special educational needs, and

his parent has not previously been informed under this section of special educational provision made for him at the school.

the governing bodies of F301community, foundation or voluntary schools (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

the governing bodies of F301community or foundation special schools (in their or any other area) in the performance of the governing bodies’ duties,

who is receiving relevant nursery education within the meaning of section 123 of the School Standards and Framework Act 1998, or

in respect of whose education grants are (or are to be) made under section 1 of the M7Nursery Education and Grant-Maintained Schools Act 1996.

the special educational provision which a learning difficulty of a child in their area calls for, or

any part of any such provision,

fees charged by the institution,

expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,

his travelling expenses, and

expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

he is a registered pupil at a F304maintained school,

education is provided for him at a school which is not a maintained school but is so provided at the expense of the authority,

he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

they consider that the help requested is not necessary for the purpose of the exercise by the local education authority of those functions, or

subsection (3) applies.

in the case of a Health Authority, if that authority consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M8National Health Service Act 1977, it is not reasonable for them to comply with the request, or

in the case of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

that they propose to make an assessment of the child’s educational needs,

of the procedure to be followed in making the assessment,

of the name of the officer of the authority from whom further information may be obtained, and

of the parent’s right to make representations, and submit written evidence, to the authority within such period (which must not be less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

a local education authority have served a notice under subsection (1) and the period specified in the notice in accordance with subsection (1)(d) has expired, and

the authority remain of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (2),

give details of the authority’s assessment of the child’s special educational needs, and

specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4).

specify the type of school or other institution which the local education authority consider would be appropriate for the child,

if they are not required under Schedule 27 to specify the name of any school in the statement, specify the name of any school or institution (whether in the United Kingdom or elsewhere) which they consider would be appropriate for the child and should be specified in the statement, and

specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement.

if the name of a F306maintained school is specified in the statement, the governing body of the school shall admit the child to the school.

dismiss the appeal,

order the local education authority to make and maintain such a statement, or

remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

when the statement is first made,

where the description in the statement of the authority’s assessment of the child’s special educational needs, or the special educational provision specified in the statement, is amended, or

where, after conducting an assessment of the educational needs of the child under section 323, the local education authority determine not to amend the statement,

paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

directions under section 442 (revocation of school attendance order);

dismiss the appeal,

order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or

order the authority to cease to maintain the statement.

the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

in the proceedings the parent, the local education authority, or both have proposed the school.

the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local education authority, and

the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

a local education authority maintain a statement for a child under section 324, and

in pursuance of the statement education is provided for the child at a school maintained by another local education authority.

the parent of a child for whom a statement is maintained under section 324 asks the local education authority to arrange for an assessment to be made in respect of the child under section 323,

no such assessment has been made within the period of six months ending with the date on which the request is made, and

it is necessary for the authority to make a further assessment under section 323,

they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and

the parent may appeal to the Tribunal against the determination.

dismiss the appeal, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

on the making of an assessment in respect of the child concerned under section 323, and

in any event, within the period of 12 months beginning with the making of the statement or, as the case may be, with the previous review.

as to the manner in which reviews of such statements are to be conducted,

as to the participation in such reviews of such persons as may be prescribed, and

in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.

the parent of a child for whom a local education authority are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,

no such assessment has been made within the period of six months ending with the date on which the request is made, and

it is necessary for the authority to make an assessment under that section,

they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and

the parent may appeal to the Tribunal against the determination.

dismiss the appeal, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

the responsible body asks the local education authority to arrange for an assessment to be made in respect of him under section 323, and

no such assessment has been made within the period of six months ending with the date on which the request is made.

that they are considering whether to make an assessment of the child’s educational needs,

of the procedure to be followed in making the assessment,

of the name of their officer from whom further information may be obtained, and

of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

the parent may appeal to the Tribunal against the decision.

inform the parent of his right to appeal, and

contain such other information (if any) as may be prescribed.

dismiss it, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

a maintained school,

a maintained nursery school,

a pupil referral unit,

an independent school,

a school approved under section 342.

in relation to a maintained nursery school or a pupil referral unit, the head teacher,

in relation to any other relevant school, the proprietor or head teacher, and

in relation to a provider of relevant nursery education, the person or body of persons responsible for the management of the provision of that nursery education.

they may, with the consent of his parent, make an assessment of the child’s educational needs, and

they shall make such an assessment if requested to do so by his parent.

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

may make a statement of the child’s special educational needs, and

may maintain that statement,

shall inform the child’s parent of their opinion and of their duty under paragraph (b), and

after giving the parent an opportunity to discuss that opinion with an officer of the Authority or trust, shall bring it to the attention of the appropriate local education authority.

for England, by the Secretary of State,

for Wales, by the National Assembly for Wales.

the parents of children in their area,

the head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

for England, by the Secretary of State,

for Wales, by the National Assembly for Wales.

the parents of children in their area,

the head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

a maintained school or a maintained nursery school,

a pupil referral unit,

a city technology college, a city college for the technology of the arts or a city academy,

an independent school named in the statement maintained for the child under section 324, or

a school approved under section 342.

a President of the Tribunal (referred to in this Part as “the President”),

a panel of persons (referred to in this Part as “the chairmen’s panel”) who may serve as chairman of the Tribunal, and

a panel of persons (referred to in this Part as “the lay panel”) who may serve as the other two members of the Tribunal apart from the chairman.

provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and

make such other provision in connection with the establishment and continuation of the Tribunal as the Secretary of State considers necessary or desirable.

may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Secretary of State, and

is eligible for re-appointment if he ceases to hold office.

as to the period within which, and the manner in which, appeals are to be instituted,

for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

for the holding of hearings in private in prescribed circumstances,

for hearings to be conducted in the absence of any member other than the chairman,

as to the persons who may appear on behalf of the parties,

for granting any person such discovery or inspection of documents or right to further particulars as might be granted by a county court,

requiring persons to attend to give evidence and produce documents,

for authorising the administration of oaths to witnesses,

for the determination of appeals without a hearing in prescribed circumstances,

as to the withdrawal of appeals,

for the award of costs or expenses,

for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

for the registration and proof of decisions and orders, and

for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

any requirement imposed by the regulations by virtue of subsection (2)(h),

functions of the Secretary of State were functions of the National Assembly for Wales,

references to the Secretary of State were references to the National Assembly for Wales,

requirements for the Treasury’s consent were omitted.

special schools which are not so maintained but are for the time being approved by the Secretary of State under section 342.

is specially organised to make special educational provision for pupils with special educational needs, and

is not a community or foundation special school,

the requirements which are to be complied with by a school while approved under this section, and

the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

which call for arrangements to be approved by the Secretary of State, or

as to the organisation of any special school as a primary school or as a secondary school.

receives religious education and attends religious worship, or

is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.

the requirements which are to be complied with by a school as a condition of its approval under this section,

the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and

the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

the school is for the time being approved by the Secretary of State as suitable for the admission of children for whom statements are maintained under section 324, or

the Secretary of State consents to the child being educated there.

special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school, and

board and lodging are provided for him at the school, and

the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,

mathematics, English and science, and

in relation to schools in Wales which are Welsh-speaking schools, Welsh.

technology and physical education,

in relation to the first, second and third key stages, history, geography, art and music,

in relation to the third and fourth key stages, a modern foreign language specified in an order of the Secretary of State, and

in relation to schools in Wales which are not Welsh-speaking schools, Welsh.

a modern foreign language is not a foundation subject in relation to the fourth key stage until the relevant date; and

technology is a foundation subject in relation to pupils who entered the first year of the fourth key stage in 1993 but otherwise is not a foundation subject in relation to that key stage until the relevant date.

1st August 1996, in the case of pupils entering the first year of the fourth key stage in 1996; and

1st August 1997, in the case of all other pupils.

a modern foreign language is not a foundation subject in relation to the fourth key stage; and

technology is a foundation subject in relation to pupils who entered the first year of the fourth key stage in 1993 but otherwise is not a foundation subject in relation to that key stage.

religious education, and

the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school.

the period beginning with his becoming of compulsory school age and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven (“the first key stage”),

the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of 11 (“the second key stage”),

the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of 12 and ending at the same time as the school year in which the majority of pupils in his class attain the age of 14 (“the third key stage”), and

the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of 15 and ending with the expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age (“the fourth key stage”).

amend subsection (1), or

provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there mentioned there were substituted such other ages (less than 11 and 12 respectively) as may be specified in the order.

in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age, and

in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of 15 and ending when he ceases to be of compulsory school age.

establish a complete National Curriculum as soon as is reasonably practicable (taking first the core subjects and then the other foundation subjects), and

revise the National Curriculum whenever he considers it necessary or expedient to do so.

such attainment targets,

such programmes of study, and

such assessment arrangements,

the allocation of any particular period or periods of time during any key stage to the teaching of any programme of study or any matter, skill or process forming part of it, or

the making in school timetables of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

may specify any such assessment arrangements as may for the time being be made by a person specified in the order.

to enter the premises of the school,

to observe the implementation of the arrangements, and

to inspect, and take copies of, documents and other articles.

Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,

any other sexually transmitted disease, or

aspects of human sexual behaviour, other than biological aspects.

the local education authority and the governing body shall exercise their functions with a view to securing, and

the head teacher shall secure,

shall not apply, or

shall apply with such modifications as may be specified in the direction.

by the governing body with the agreement of the local education authority,

by the local education authority with the agreement of the governing body, or

by the appropriate curriculum authority with the agreement of both the local education authority and the governing body.

in relation to England, F340the Qualifications and Curriculum Authority, and

in relation to Wales, F340the Qualifications, Curriculum and Assessment Authority for Wales.

shall not apply, or

shall apply with such modifications as may be specified in the direction.

a fixed period not exceeding six months, or

a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

immediately after the end of the operative period of a previous direction, or

within such period after the end of the operative period of a previous direction as may be specified in the regulations.

to revoke any direction given by him under the regulations, and

to vary such a direction, except so as to extend its operative period.

to the governing body, and

F341. . . to the local education authority by whom the school is maintained,

the fact that he has taken the action in question, its effect and his reasons for taking it;

the provision that is being or is to be made for the pupil’s education during the operative period of the direction; and

either a description of the manner in which he proposes to secure the full implementation of the National Curriculum in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

the head teacher of F342a maintained school includes an indication of any such opinion in information given under subsection (1), and

the local education authority by whom the school is maintained are not the responsible authority in relation to pupil in question,

gives, revokes or varies a direction under regulations made under section 365,

refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

confirm the head teacher’s action, or

direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

an order under section 354(6), 355(2) or 356(2)(a) or (b), or

regulations under section 363.

to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to the authority to be concerned, and

to any other persons with whom consultation appears to the authority to be desirable,

a summary of the views expressed during the consultations,

the authority’s recommendations as to the proposal, and

such other advice relating to the proposal as the authority think fit.

a draft of the proposed order or regulations and any associated document, and

a statement explaining his reasons for any failure to give effect to the recommendations of the authority,

the Secretary of State proposes to make such an order as is, or such regulations as are, referred to in subsection (1), and

arrangements for consultation about the proposed order or regulations were made before 1st September 1996 under section 242 of the M11Education Act 1993,

in relation to an order or regulations relating to maintained schools in England or pupils at such schools, F345the Qualifications and Curriculum Authority, and

in relation to an order or regulations relating to maintained schools in Wales or pupils at such schools, the Qualifications, Curriculum and Assessment Authority for Wales.