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Part IE+W General

Chapter IE+W The statutory system of education

GeneralE+W

1 The stages of education.E+W

(1)The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.

(2)This Part—

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

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Part I of the M1Further and Higher Education Act 1992 [F2makes provision with respect to further education.].

(4)Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

Textual Amendments

F1S. 1(2)(b) and preceding word repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 58, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F2Words in s. 1(3) substituted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 51 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Marginal Citations

2 Definition of primary, secondary and further education.E+W

[F3(1)In this Act “primary education” means—

(a)full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

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

(c)full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).]

(2)In this Act “secondary education” means—

(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—

(i)senior pupils, or

(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b)(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.

[F4(2A)Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

(a)is maintained by a local education authority [F5or is an Academy], and

(b)is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

(2B)Where—

(a)a person is in full-time education,

(b)he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution [F6or any other establishment], and

(c)the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution [F7or establishment], is secondary education for the purposes of this Act (subject to subsection (5)).]

(3)Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age [F8(including vocational, social, physical and recreational training)], and

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

except that it does not include secondary education or (in accordance with subsection (7)) higher education.

(4)Accordingly, unless it is education within subsection (2)(b) [F9or (2A)], full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

(5)For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—

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

(b)continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

(6)In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

[F10(6A)In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.]

(7)References in this section to education do not include references to higher education.

Textual Amendments

F3S. 2(1) substituted (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 156(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F4S. 2(2A)(2B) inserted (1.9.2000 for E. for certain purposes and 1.4.2001 otherwise for E.W.) by 2000 c. 21, s. 110(1) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with art. 3)

F5Words in s. 2(2A)(a) inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F6Words in s. 2(2B)(b) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

F7Words in s. 2(2B) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

F8Words in s. 2(3)(a) repealed (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

F9Words in s. 2(4) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 33 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F10S. 2(6A) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

3 Definition of pupil etc.E+W

(1)In this Act “pupil” means a person for whom education is being provided at a school, other than—

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

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

[F11and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.]

[F12(1A)A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).]

(2)In this Act—

(3)The definition of “pupil” in [F13Subsections (1) and (1A) also apply](unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Textual Amendments

F11Words in s. 3(1) inserted (1.9.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 9(2); S.I. 1997/1468, art. 2, Sch. 1 Pt. II

F13Words in s. 3(3) substituted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 34(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

Educational institutionsE+W

4 Schools: general.E+W

[F14(1)In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides [F15part-time education suitable to the requirements of junior pupils or] further education.]

(2)[F16Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) F17. . ..

(3)For the purposes of this Act an institution is outside the further education sector if it is not—

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

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

and references to institutions within that sector shall be construed accordingly.

(4)For the purposes of this Act an institution is outside the higher education sector if it is not—

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

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

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

and references to institutions within that sector shall be construed accordingly.

Textual Amendments

F14S. 4(1) substituted (1.9.1997) by 1997 c. 44, s. 51; S.I. 1997/1468, art. 2, Sch. 1 Pt. II

F15Words in s. 4(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F16Words in s. 4(2) substituted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 10(a); S.I. 1998/386, art.2, Sch. 1 Pt. IV

Modifications etc. (not altering text)

C1S. 4(1) restricted (1.9.2000 (E.) and 1.4.2001 (W.)) by 2000 c. 21, s. 110(3) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I

Marginal Citations

5 Primary schools, secondary schools and middle schools.E+W

(1)In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides [F18part-time education suitable to the requirements of junior pupils or] further education.

(2)In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.

(3)In this Act “middle school” means a school in respect of which proposals authorised by [F19section 28(4) of the School Standards and Framework Act 1998] are implemented (that is, a school providing full-time education suitable to the requirements of pupils who have attained a specified age below 10 years and six months and are under a specified age above 12 years).

(4)The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.

(5)The powers conferred by [F19section 28(4) of the School Standards and Framework Act 1998]and subsection (4) above are exercisable—

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

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

Textual Amendments

F18Words in s. 5(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F19Words in s. 5(3) and (5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 59(a)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 18, Sch. 7 paras. 2-4, 6, 7, 10, 12)

6 Nursery schools and special schools.E+W

(1)A primary school is a nursery school if it is used [F20wholly or] mainly for the purpose of providing education for children who have attained the age of two but are under [F21compulsory school age].

(2)A school is a special school if it is specially organised, [F22and (in the case of a school which is not maintained by a local education authority) is for the time being approved, as mentioned in section 337.].

Textual Amendments

F20Words in s. 6(1) inserted (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 156(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F21Words in s. 6(1) substituted (1.8.1998) by 1997 c. 44, s. 51(1), Sch. 7 para. 11; S.I. 1998/386, art. 2, Sch. 1 Pt. III

F22Words in s. 6(2) substituted (1.9.1999) by 1998 c. 31, s. 141(1), Sch. 30 para.60 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Compulsory educationE+W

7 Duty of parents to secure education of children of compulsory school age.E+W

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

(a)to his age, ability and aptitude, and

(b)to any special educational needs he may have,

either by regular attendance at school or otherwise.

8 Compulsory school age.E+W

(1)Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.

[F23(2)A person begins to be of compulsory school age—

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

(b)otherwise at the beginning of the prescribed day next following his attaining that age.]

(3)A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year—

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

(b)if he attains that age on that day, or

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

[F24(4)The Secretary of State may by order—

(a)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);

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

Textual Amendments

F23S. 8(2) substituted (1.8.1998) by 1997 c. 44, s. 52(2); S.I. 1998/386, art. 2, Sch. 1 Pt.III

F24S. 8(4) substituted (1.8.1998) by 1997 c. 44, s. 52(3); S.I. 1998/386, art. 2, Sch. 1 Pt. III

Education in accordance with parental wishesE+W

9 Pupils to be educated in accordance with parents’ wishes.E+W

In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of [F25State and local education authorities]shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

Textual Amendments

F25Words in s. 9 substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 61 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Chapter IIE+W Functions of the Secretary of State

10 General duty of Secretary of State.E+W

The Secretary of State shall promote the education of the people of England and Wales.

Modifications etc. (not altering text)

C2S. 10 amended (1.11.1996) by 1994 c. 30, s. 11A, as inserted by 1996 c. 56, ss. 582(1)(3), 583(2), Sch. 37 Pt. I para.126 (with ss. 1(4), 561, 562, Sch. 39)

11 Duty in the case of primary, secondary and further education.E+W

(1)The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which—

(a)carry responsibility for securing that the required provision for primary, secondary or further education is made—

(i)in schools, or

(ii)in institutions within the further education sector,

in or in any area of England or Wales, or

(b)conduct schools or institutions within the further education sector in England and Wales,

for the purpose of promoting primary, secondary and further education in England and Wales.

(2)The Secretary of State shall, in the case of his powers to regulate the provision made in schools and institutions within the further education sector in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.

Modifications etc. (not altering text)

C3S. 11 amended (1.11.1996) by 1994 c. 30, s. 11A, as inserted by 1996 c. 56, ss. 582(1)(3), 583(2), Sch. 37 Pt. I para.126 (with ss. 1(4), 561, 562, Sch. 39)

Chapter IIIE+W Local education authorities

The authoritiesE+W

12 Local education authorities and their areas.E+W

(1)The local education authority for a county in England having a county council is the county council.

(2)The local education authority for a district in England which is not in a county having a county council is the district council.

(3)The local education authority for a London borough is the borough council.

(4)The local education authority for the City of London (which for the purposes of this Act shall be treated as including the Inner Temple and the Middle Temple) is the Common Council of the City of London (in their capacity as a local authority).

(5)As respects Wales—

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

(b)the local education authority for a county borough is the county borough council.

(6)Any reference in this Act to the area of a local education authority shall be construed in accordance with the preceding provisions of this section.

General functionsE+W

13 General responsibility for education.E+W

(1)A local education authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, [F26and secondary education] are available to meet the needs of the population of their area.

(2)The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

[F27(a)the Learning and Skills Council for England or the National Council for Education and Training for Wales, or

(b)the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.]

Textual Amendments

F26Words in s. 13(1) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F27S. 13(2)(a)(b) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

Modifications etc. (not altering text)

[F2813A Duty to promote high standards in primary and secondary education.E+W

(1)A local education authority shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to promoting high standards.

(2)This section applies to education for—

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

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

and in subsection (1) “functions” means functions of whatever nature.]

Textual Amendments

14 Functions in respect of provision of primary and secondary schools.E+W

(1)A local education authority shall secure that sufficient schools for providing—

(a)primary education, and

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

are available for their area.

(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.

(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—

(a)the pupils’ different ages, abilities and aptitudes, and

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

including practical instruction and training appropriate to their different needs.

(4)A local education authority is not by virtue of subsection (1)(a) under any duty in respect of children under [F29compulsory school age].

[F30(4A)A local education authority for an area in Wales may secure that regional schools for providing—

(a)primary education, and

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

are available for Wales or any part of Wales that includes the area of the authority.

(4B)For this purpose a “regional school”, in relation to a local education authority, is a school maintained by that authority which provides education to meet both—

(a)the needs of pupils with particular special educational needs in their area, and

(b)the needs of such pupils in the rest, or any other part, of Wales,

whether or not the institution also provides education suitable to the requirements of other pupils.]

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In exercising their functions under this section, a local education authority shall in particular have regard to—

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

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

(c)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.

(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.

Textual Amendments

F31S. 14(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 62, Sch.31 (with 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F3215 Functions in respect of provision of further education.E+W

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

Textual Amendments

F32S. 15 repealed (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, 154, Sch. 9 para. 53, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

[F3315A Functions in respect of full-time education for 16 to 18 year olds.E+W

(1)A local education authority may secure the provision for their area of full-time [F34or part-time] education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

[F35(1A)The power under subsection (1) to secure the provision of education includes power to secure the provision—

(a)of training, including vocational, social, physical and recreational training, and

(b)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).]

(2)Subsections (6) and (7) of section 14 shall apply in relation to functions under this section [in respect of secondary education] as they apply in relation to functions under that section.]

[F36(3)In exercising their functions under this section in respect of further education a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).

(4)A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.]

Textual Amendments

F33S. 15A inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 63 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F34Words in s. 15A(1) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F35S. 15A(1A) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(3) (with s. 150) S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F36S. 15A(3)(4) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(5) (with s. 150) S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Modifications etc. (not altering text)

C5S. 15A restricted (1.4.2001 (W.) and 1.8.2002 (E.)) by 2000 c. 21, s. 110(4) (with s. 150); S.I. 2001/1274, art. 2(1), Sch. Pt. I; S.I. 2002/279, art. 2(3)(b)

C6Words in s. 15A(2) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(4) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

[F3715B Functions in respect of education for persons over 19.E+W

(1)A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.

(2)The power under subsection (1) to secure the provision of education includes power to secure the provision—

(a)of training, including vocational, social, physical and recreational training, and

(b)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).

(3)In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).

(4)A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

(5)This section does not apply to higher education.]

Textual Amendments

F37S. 15B inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 55 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Establishment etc. of schoolsE+W

16 Power to establish, maintain and assist primary and secondary schools.E+W

(1)For the purpose of fulfilling their functions under this Act, a local education authority may—

(a)establish primary schools and secondary schools;

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

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

(2)A local education authority may under subsection (1) establish, maintain and assist schools outside as well as inside their area.

(3)A local education authority may not under subsection (1) establish a school to provide—

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

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

17 Powers in respect of nursery education.E+W

(1)A local education authority may—

(a)establish nursery schools;

(b)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 M3Education Act 1944 or an earlier Act; and

(c)assist any nursery school not so established.

(2)Section 14(4) does not affect a local education authority’s power under section 16(1) to establish, maintain and assist schools at which education is provided both for children under [F38compulsory school age] and for older pupils (including schools at which there are nursery classes for children under [F38compulsory school age]).

Textual Amendments

F38Words in s. 17(2) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.13; S.I. 1998/386, art. 2, Sch. 1 Pt.III

Marginal Citations

Other arrangements for provision of educationE+W

18 Power to arrange provision of education at non-maintained schools.E+W

A local education authority may make arrangements for the provision of primary and secondary education for pupils at schools not maintained by them or another local education authority.

19 Exceptional provision of education in pupil referral units or elsewhere.E+W

(1)Each local education authority shall make arrangements for the provision of suitable F39. . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(2)Any school established (whether before or after the commencement of this Act) and maintained by a local education authority which—

(a)is specially organised to provide education for such children, and

(b)is not a county school or a special school,

shall be known as a “pupil referral unit”.

(3)A local education authority may secure the provision of boarding accommodation at any pupil referral unit.

(4)A local education authority may make arrangements for the provision of suitable F39. . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

[F40(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a local education authority shall have regard to any guidance given from time to time by the Secretary of State.]

(5)Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.

(6)In this section “suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.

(7)Schedule 1 has effect in relation to pupil referral units.

Textual Amendments

F39Words in s. 19(1) and (4) repealed (1.9.1998) by 1997 c. 44, ss. 47(2)(3), 57(4), Sch.8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV

F40S. 19(4A) inserted (1.9.1998) by 1997 c. 44, s. 47(4); S.I. 1998/386, art. 2, Sch. 1 Pt.IV

Modifications etc. (not altering text)

Chapter IVE+W The Funding Authorities

The AuthoritiesE+W

F4120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F41S. 20 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F4221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

FunctionsE+W

F4322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F43S. 22 repealed (1.4.1999 in relation to s. 22 except s. 22(1)(a) and otherwise 1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F4423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F44S. 23 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F4524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F45S. 24 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

SupplementalE+W

F4625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F46S. 25 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F4726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F47S. 26 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Chapter VE+W Allocation of responsibility for education at school between LEA and funding authority

F4827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter VIE+W Supplemental

Allocation of functionsE+W

F4928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F49S. 28 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Provision of informationE+W

29 Provision of information by local education authorities.E+W

(1)A local education authority shall—

(a)make such reports and returns to the Secretary of State, and

(b)give to the Secretary of State such information,

as he may require for the purpose of the exercise of his functions under this Act.

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A local education authority shall—

(a)compile such information, and

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

as may be required for the purpose of providing the Secretary of State F51. . . , in such form and at such times as may be prescribed, with such information relating to the provision of primary or secondary education in the area of the local education authority as may be prescribed.

(4)The Secretary of State shall exercise his powers under subsection (3) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.

(5)A local education authority shall, at such time or times and in such manner as may be required by regulations, publish such information as may be so required with respect to their policy and arrangements in respect of any matter relating to primary or secondary education.

F52(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50S. 29(2) repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 67(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F51Words in s. 29(3) repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 67(b), Sch.31; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F5330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F53S. 30 repealed (1.11.1999) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 68, Sch.31; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F54Part IIE+W Schools maintained by local education authorities

Textual Amendments

F54Pt. II (ss. 31-182) repealed (1.10.1998, 10.3.1999, 1.4.1999 respectively in relation to specified provisions and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pts. I, IV; S.I. 1999/120, art. 2(2), Sch. 2 ; S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings as specified in those S.I.s and subject to savings in S.I. 1999/704 , S.I. 1999/711, S.I. 1999/2243 and S.I. 1999/2262)

Chapter IE+W Preliminary

F5531. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5733. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5834. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter IIE+W Establishment, alteration etc. of county and voluntary schools

County schools: establishment, alteration or change of siteE+W

F5935. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F59S. 35 repealed (1.4.1999 in respect of s. 35(8) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F6036. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F60S. 36 repealed (1.4.1999 in respect of s. 36(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

F6137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F61S. 37 repealed (1.4.1999 in respect of s. 37(4)(7)-(9) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

F6238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F62S. 38 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

F6339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F63S. 39 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 ((with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12) and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

F6440. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Voluntary schools: establishment, alteration or change of siteE+W

F6541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6642. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F66S. 42 repealed (1.4.1999 in respect of s. 42(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ;S.I. 1999/1016, art. 2(1), Sch. 1 ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(b), 14(2)(b))

F6743. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F67S. 43 repealed (1.4.1999 in respect of s. 43(3)-(6) and words in s. 43(2) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(b), 14(2)(b))

F6844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F68S. 44 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(b), 14(2)(b))

F6945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Status of new voluntary schoolE+W

F7248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Proposals for a middle schoolE+W

F7349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Division of a single school into two or more schoolsE+W

F7450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7551. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Change of status from controlled school to aided schoolE+W

F7652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7854. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F78S. 54 repealed (10.3.1999 in respect of s. 54(6)(c) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F7955. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8056. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Change of status from aided or special agreement school to controlled or aided schoolE+W

F8157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter IIIE+W Funding of voluntary schools

Obligations of governing bodiesE+W

F8359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F83S. 59 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Obligations of LEAs as regards new sites and buildingsE+W

F8460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8561. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F85S. 61 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 15, Sch. 7 paras. 2-4, 6, 7, 10, 12) and subject to an amendment (1.9.1999) by S.I. 1999/2243, reg. 59

F8662. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F86S. 62 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Financial assistance for controlled schoolsE+W

F8763. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F87S. 63 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 ((with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8, 10)

F8864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F88S. 64 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 ((with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 14, 15)

Financial assistance by Secretary of State for aided and special agreement schoolsE+W

F8965. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F89S. 65 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9066. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F90S. 66 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F91S. 67 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Assistance by LEAs for governing bodies of aided and special agreement schoolsE+W

F9268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F92S. 68 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Assistance by LEAs for promoters of new voluntary schoolsE+W

F9369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F93S. 69 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Miscellaneous and supplementalE+W

F9470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F94S. 70 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F95S. 71 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9672. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F96S. 72 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9773. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F97S. 73 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9874. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F98S. 74 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F9975. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F99S. 75 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Chapter IVE+W Government of county, voluntary and maintained special schools

Instruments of governmentE+W

F10076. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Categories of governorE+W

F10278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Governing bodies of county, controlled and maintained special schoolsE+W

F10379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10682. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10783. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Governing bodies of aided and special agreement schoolsE+W

F10884. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F10985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Governing bodies: generalE+W

F11086. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Grouping of schools under a single governing bodyE+W

F11389. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F113S. 89 repealed (10.3.1999 in respect of s. 89(1)(2) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F11490. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11692. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F116S. 92 repealed (10.3.1999 in respect of s. 92(1)(2)(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (with art. 5(2)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F11793. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11894. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F119S. 95 repealed (10.3.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (with art. 5(3) and subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12 )

Government of new schoolsE+W

F12096. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F12399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Grouping of new schoolsE+W

F124100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F125Chapter VE+W

Textual Amendments

F125Part II Chapter V (ss. 101-126) repealed (1.4.1999 subject to savings) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, arts. 2, 4, Sch. 1 Pt.IV, Sch. 2 Pt. II para. 8 (subject to savings in S.I. 1999/711, reg. 5 and S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12))

Chapter VIE+W Conduct and staffing of county, voluntary and maintained special schools

Articles of governmentE+W

F126127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F127128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F128129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Conduct of schools: generalE+W

F129130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F130131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F131132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Staffing of schools without delegated budgetsE+W

F132133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F133134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F134135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Staffing of schools with delegated budgetsE+W

F135136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F136137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F137138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F138139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F139140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F140141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F141142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Appointment and dismissal of teachers of religious educationE+W

F142143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F143144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F144145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Religious opinions of staff etc.E+W

F145146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

School terms, holidays and sessionsE+W

F146147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F147148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Control of school premisesE+W

F148149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F149150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F150151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F151152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Instruction or training outside school premisesE+W

F152153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Discipline: generalE+W

F153154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F154155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F154S. 155 repealed (1.10.1998 in respect of s. 155(1)(4) and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12)

F155156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F156157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F157158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F158159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F159160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Reports, meetings and informationE+W

F160161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F161162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F162163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F163164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F164165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

New schoolsE+W

F165166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter VIIE+W Discontinuance of local education authority schools

Procedure for discontinuance of county, voluntary or maintained nursery school by local education authorityE+W

F166167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F166S. 167 repealed (1.4.1999 in respect of s. 167(6) and words in s. 167(1) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

F167168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F167S. 168 repealed (1.4.1999 in respect of s. 168(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(c))

F168169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F168S. 169 repealed (1.4.1999 in respect of s. 169(4)(6) and words in s. 169(5) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(c))

F169170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F169S. 170 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(c))

F170171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F170S. 171 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F171172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F171S. 172 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Discontinuance of voluntary school by governing bodyE+W

F172173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F172S. 173 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F173174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F173S. 174 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

F174175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F174S. 175 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Chapter VIIIE+W Miscellaneous and supplementary provisions

Further educationE+W

F175176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Teacher trainingE+W

F176177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Modification of employment lawE+W

F177178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Modification of trust deeds and other instrumentsE+W

F178179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F179180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Interpretation of Part IIE+W

F180181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F181182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F181S. 182 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12) and subject to an amendment (1.9.1999) by S.I. 1999/2001, reg. 24, Sch. 8 para. 5

F182Part IIIE+W Grant-maintained schools

Textual Amendments

F182Pt. III (ss. 183-311) repealed (1.10.1998, 1.4.1999 and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I; S.I. 1999/120, art. 2(2), Sch. 2; S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings as specified in those S.I.s and subject to savings in S.I. 1999/704)

Chapter IE+W Preliminary

F183183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F183S. 183 repealed (1.4.1999 in respect of s. 183(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Chapter IIE+W Procedure for acquisition of grant-maintained status

Modifications etc. (not altering text)

C8Pt. III Chapter II (ss. 184-200) modified (1.11.1996) by 1996 c. 57, ss. 37(3), 48(2)

EligibilityE+W

F184184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F185185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Initiation of procedureE+W

F186186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F187187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

InformationE+W

F188188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Ballot of parentsE+W

F189189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F190190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F191191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F192192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F193193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Approval and implementation of proposalsE+W

F194194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F195195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F196196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Expenses in connection with proposalsE+W

F197197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Alteration of county school proposed for grant-maintained statusE+W

F198198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F199199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

SupplementaryE+W

F200200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F200S. 200 repealed (1.10.1998 in respect of s. 200(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I; S.I. 1999/2323, art 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Chapter IIIE+W Property, staff and contracts

Transfer of property and staff, etc.E+W

F201201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F201S. 201 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 8, Sch. 7 paras. 2, 5, 6, 10, ,12)

F202202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.E+W

F203203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F204204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F205205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F206206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F207207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F208208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F209209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

SupplementaryE+W

F210210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter IVE+W Establishing new grant-maintained schools

Proposals for establishment of new grant-maintained schoolE+W

F211211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F212212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F213213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F213S. 213 repealed (1.10.1998 in respect of s. 213(2)(3) and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

Approval and implementation of proposalsE+W

F214214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F215215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F216216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F216S. 216 repealed (1.4.1999 in respect of s. 216(2)-(9) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in S.I. 1998/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 3)

SupplementaryE+W

F217217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter VE+W Government, conduct etc. of grant-maintained schools

Modifications etc. (not altering text)

C9Pt. III Chapter V (ss. 218-243) modified (1.11.1996) by 1996 c. 57, ss. 37(3), 48(2)

The governing instrumentsE+W

F218218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F219219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F220220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F221221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

GovernorsE+W

F222222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F223223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F224224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F225225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F226226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F227227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F228228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F229229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F230230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

PowersE+W

F231231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F232232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F233233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Schools acquiring grant-maintained status: determination etc. of initial governorsE+W

F234234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F235235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F236236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F237237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F238238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F239239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F240240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

New grant-maintained schools: determination etc. of initial governorsE+W

F241241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

General and supplementaryE+W

F242242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F243243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter VIE+W Funding of grant-maintained schools

Grants: generalE+W

F244244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F244S. 244 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3),Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

[F245245 Special purpose grants.E+W

(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as special purpose grants) in respect of expenditure, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies—

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

(b)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

(c)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.

(2)Grant regulations may provide for special purpose grants to be payable—

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

(b)by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.]

Textual Amendments

F245S. 245 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

Modifications etc. (not altering text)

C10S. 245 applied (with modifications) (1.3.1999) by S.I. 1999/274, reg. 2

[F246246 Capital grants.E+W

(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.

(2)The descriptions of expenditure which are to be regarded for the purposes of capital grant as expenditure of a capital nature shall be such as may be determined by or in accordance with the regulations.

(3)Where the governing body of a grant-maintained school include sponsor governors, the funding authority shall, if directed to do so by the Secretary of State, pay capital grant of such amount as may be specified in the directions in respect of such expenditure falling within subsection (1) as is incurred, or to be incurred, by the governing body for such purposes as may be specified in the directions.

(4)Before giving a direction under subsection (3), the Secretary of State shall consult the funding authority.

(5)A direction under subsection (3) may not be given after the end of the period of twelve months beginning—

(a)(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,

(b)(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

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

Textual Amendments

F246S. 246 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

Modifications etc. (not altering text)

C11S. 246 modified (20.11.1998) by S.I. 1998/2670, reg. 7(1)

[F247247 Imposition of requirements on governing body in receipt of grant.E+W

(1)A governing body to whom any payments in respect of maintenance grant, capital grant or special purpose grant are made shall comply with such requirements of a kind mentioned in subsection (2) as the funding authority may from time to time impose.

(2)The kinds of requirements which may be imposed under subsection (1) are—

(a)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

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

(3)Requirements imposed under subsection (1)—

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

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

(4)The power of the funding authority to vary such a requirement—

(a)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

(b)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.

(5)Requirements imposed under subsection (1) may at any time be waived or removed by the funding authority with the consent of the Secretary of State.

(6)The requirements 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 capital grant may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)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,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

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

(b)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.

(9)Grant regulations may require the funding authority to impose any such requirements as may be imposed under the preceding provisions of this section.]

Textual Amendments

F247S. 247 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

Modifications etc. (not altering text)

C12S. 247 modified (20.11.1998) by S.I. 1998/2670, reg. 7(2)

S. 247 applied (with modifications) (1.3.1999) by S.I. 1999/274, regs. 3, 4

S. 247 modified (1.4.1999) by S.I. 1999/532, reg. 5(1)

S. 247: functions transferred (1.4.1999) by S.I. 1999/532, reg. 4

[F248248 Grants: further provisions.E+W

(1)The times at which, and the manner in which, payments are made in respect of—

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

(b)special purpose grant, and

(c)capital grant,

shall be such as may be determined from time to time by the funding authority.

(2)Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the funding authority.

(3)Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the funding authority.

(4)Where a sum is payable by the governing body of a school to the funding authority—

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

(b)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),

the funding authority may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by them to the governing body.

(5)In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.

(6)The funding authority shall exercise any power conferred on them by this section, by any of sections 216 and 244 to 247, or by paragraph 6 of Schedule 21 in such manner (if any) as may be specified in or determined in accordance with grant regulations.]

Textual Amendments

F248S. 248 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

Modifications etc. (not altering text)

C13S. 248 applied (with modifications) (1.3.1999) by S.I. 1999/274,reg. 5

S. 248 modified (1.4.1999) by S.I. 1999/532, reg. 6

S. 248: functions transferred (1.4.1999) by S.I. 1999/532, reg. 4

C14S. 248(1)-(4) modified (20.11.1998) by S.I. 1998/2670, reg. 7(3)

Grants: Wales (until establishment of the SFCW)E+W

[F249249 Application of sections 250 to 254.E+W

Before the Schools Funding Council for Wales begin to exercise their functions, sections 250 to 254 shall have effect in relation to grant-maintained schools in Wales in place of sections 244(1) and (3), 245(1), 246(1), 247 and 248.]

Textual Amendments

F249S. 249 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

F250250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F251251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F252252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F253253 Imposition of requirements on governing body in receipt of grant.E+W

(1)A governing body to whom any payments in respect of maintenance grant or special purpose grants are made shall comply with such requirements of a kind mentioned in subsection (2) as the Secretary of State may from time to time impose.

(2)The kinds of requirements which may be imposed under subsection (1) are—

(a)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

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

(3)A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

(4)Requirements imposed under subsection (1) or (3)—

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

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

(5)The power of the Secretary of State to vary such a requirement—

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

(b)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.

(6)The requirements—

(a)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

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

may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)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,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

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

(b)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.]

Textual Amendments

F253S. 253 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

[F254254 Grants: further provisions.E+W

(1)The times at which, and the manner in which, payments are made in respect of—

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

(b)special purpose grants, and

(c)capital grants,

shall be such as may be determined from time to time by the Secretary of State.

(2)Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the Secretary of State.

(3)Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the Secretary of State.

(4)Where a sum is payable by the governing body of a school to the Secretary of State—

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

(b)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),

the Secretary of State may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by him to the governing body.

(5)In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.]

Textual Amendments

F254S. 254 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

LoansE+W

F255255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Recovery from local fundsE+W

F256256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F257257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F258258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter VIIE+W Alteration etc. of grant-maintained schools

F259259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F259S. 259 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings by S.I. 1999/704, reg. 14(2)(d))

F260260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F261261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F261S. 261 repealed (1.4.1999 in respect of s. 261(2)(4)(5) and in respect of words in s. 261(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, regs. 4(1), 14(2)(d))

F262262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F262S. 262 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(d)(e))

F263263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F263S. 263 repealed (1.4.1999 in respect of s. 263(4)(b) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144);S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

F264264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F265265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F266266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter VIIIE+W Discontinuance of grant-maintained schools

Proposals for discontinuanceE+W

F267267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F267S. 267 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(f))

F268268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F269269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F269S. 269 repealed (1.4.1999 in respect of s. 269(2)(5)(6) and in respect of words in s. 269(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(f))

F270270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F270S. 270 repealed (1.4.1999 in respect of s. 270(2)(b)(ii) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

F271271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Withdrawal of grantE+W

F272272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F273273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Winding up and disposal of propertyE+W

F274274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F275275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

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Chapter IXE+W Groups of grant-maintained schools

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Chapter XE+W General and Miscellaneous

Middle schoolsE+W

F291291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Nursery educationE+W

F292292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Further educationE+W

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Teacher trainingE+W

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Provision of benefits and services by local education authorityE+W

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Textual Amendments

F295S. 295 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Transfer and disposal of premisesE+W

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Modification of instrumentsE+W

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Religious opinions etc. of staffE+W

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[F307Discipline]E+W

Textual Amendments

F307S. 306A (and the heading immediately preceding it) inserted (1.4.1998) by 1997 c. 44, s. 3(1) (with s. 57(3)); S.I. 1998/386, art. 2, Sch. 1 Pt.II

F308306A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F308S. 306A (and the heading immediately preceding it) inserted (1.4.1998) by 1997 c. 44, s. 3(1) (with s. 57(3)); S.I. 1998/386, art. 2, Sch. 1 Pt. II and repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Exclusion of pupilsE+W

F309307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Appeal committeesE+W

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SupplementaryE+W

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InterpretationE+W

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Part IVE+W Special educational needs

Chapter IE+W Children with special educational needs

IntroductoryE+W

312 Meaning of “special educational needs” and “special educational provision” etc.E+W

(1)A child has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.

(2)Subject to subsection (3) (and except for the purposes of [F315section 15A or 15B]) a child has a “learning difficulty” for the purposes of this Act if—

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

(b)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

(c)he is under [F316compulsory 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 F317. . . that age.

(3)A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(4)In this Act “special educational provision” means—

(a)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) F318. . ., and

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

(5)In this Part—

Textual Amendments

F315Words in s. 312(2) substituted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 56 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F316Words in s. 312(2)(c) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 23(a); S.I. 1998/386, art. 2, Sch. 1 Pt. III

F317Words in s. 312(2)(c) repealed (1.8.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 23(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. III

F318Words in s. 312(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 71(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F319Words in s. 312(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 71(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Code of PracticeE+W

313 Code of Practice.E+W

(1)The Secretary of State shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local education authorities and the governing bodies of [F320maintained schools] [F321 and maintained nursery schools ] of their functions under this Part.

(2)It shall be the duty of—

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

(b)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,

to have regard to the provisions of the code.

(3)On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.

(4)The Secretary of State shall publish the code as for the time being in force.

[F322(5)In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—

(a)where the local education authority concerned is in England, the Special Educational Needs and Disability Tribunal,

(b)where the local education authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.]

Textual Amendments

F320Words in s. 313(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 72 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F321Words in s. 313(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 36 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

314 Making and approval of code.E+W

(1)Where the Secretary of State proposes to issue or revise a code of practice, he shall prepare a draft of the code (or revised code).

(2)The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.

(3)If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay it before both Houses of Parliament.

(4)If the draft is approved by resolution of each House, the Secretary of State shall issue the code in the form of the draft, and the code shall come into effect on such day as the Secretary of State may by order appoint.

Special educational provision: generalE+W

315 Review of arrangements.E+W

(1)A local education authority shall keep under review the arrangements made by them for special educational provision.

(2)In doing so the authority shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult [F323the governing bodies of community, foundation and voluntary and community and foundation special schools [F324and maintained nursery schools ] in their area.].

Textual Amendments

F323Words in s. 315(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.73 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F324Words in s. 315(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 37 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

[F325316 Duty to educate children with special educational needs in mainstream schoolsE+W

(1)This section applies to a child with special educational needs who should be educated in a school.

(2)If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

(3)If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

(a)the wishes of his parent, or

(b)the provision of efficient education for other children.

(4)In this section and section 316A “mainstream school” means any school other than—

(a)a special school, or

(b)an independent school which is not—

(i)a city technology college,

(ii)a city college for the technology of the arts, or

(iii)[F326an Academy].]

Textual Amendments

F325Ss. 316, 316A substituted (15.6.2001 for certain purposes and otherwise 1.1.2002 for E., 21.1.2002 for certain purposes and otherwise 1.4.2002 for W.) for s. 316 by 2001 c. 10, s. 1 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

F326Words s. 316(4)(b)(iii) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Modifications etc. (not altering text)

[F327316A Education otherwise than in mainstream schoolsE+W

(1)Section 316 does not prevent a child from being educated in—

(a)an independent school which is not a mainstream school, or

(b)a school approved under section 342,

if the cost is met otherwise than by a local education authority.

(2)Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

(a)he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

(i)the local education authority,

(ii)the head teacher of the school or, if the school is in Wales, its governing body,

(iii)his parent, and

(iv)any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

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

(c)he is admitted to a special school, following a change in his circumstances, with the agreement of—

(i)the local education authority,

(ii)the head teacher of the school or, if the school is in Wales, its governing body, and

(iii)his parent;

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

(3)Section 316 does not affect the operation of—

(a)section 348, or

(b)paragraph 3 of Schedule 27.

(4)If a local education authority decide—

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

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

they shall, in making the statement, comply with section 316(3).

(5)A local education authority may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

(6)An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

(7)The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

(8)An authority must have regard to guidance about section 316 and this section issued—

(a)for England, by the Secretary of State,

(b)for Wales, by the National Assembly for Wales.

(9)That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

(10)“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.

(11)“Authority”—

(a)in relation to a maintained school [F328 or maintained nursery school] , means each of the following—

(i)the local education authority,

(ii)the school’s governing body, and

(b)in relation to F329... a pupil referral unit, means the local education authority.]

Textual Amendments

F327Ss. 316, 316A substituted (15.6.2001 for certain purposes and otherwise 1.1.2002 for E., 21.1.2002 for certain purposes and otherwise 1.4.2002 for W.) for s. 316 by 2001 c. 10, s. 1 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

F328Words in s. 316A(11)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 38(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F329Words in s. 316A(11)(b) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 38(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

317 Duties of governing body or LEA in relation to pupils with special educational needs.E+W

(1)[F330The governing body of a community, foundation or voluntary school or a maintained nursery school shall] —

(a)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,

(b)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

(c)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.

[F331(2)In subsection (1)(b) “the responsible person” means 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 subsection, that other governor).]

(3)To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—

(a)the governing bodies of [F332community, foundation and voluntary schools] [F333 and maintained nursery schools ] shall, in exercising functions relating to the provision for such children, consult the local education authority F334. . . and the governing bodies of other such schools, F335...

F335(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where a child who has special educational needs is being educated in [F336a community, foundation or voluntary school] or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

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

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

(c)the efficient use of resources,

that the child engages in the activities of the school together with children who do not have special educational needs.

(5)[F337Each governors’ report] shall include a report containing such information as may be prescribed about the implementation of the governing body’s policy for pupils with special educational needs.

[F338(6)Each governors’ report shall also include information as to—

(a)the arrangements for the admission of disabled persons as pupils at the school,

(b)the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(c)the facilities provided to assist access to the school by disabled pupils, and

(d)the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”).

F339(7)“Governors’ report” means the report prepared under section 42(1) of the School Standards and Framework Act 1998.

(7A)“Disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6) as it applies for the purposes of Chapter 1 of Part 4 of that Act.]

Textual Amendments

F330Words in s. 317(1) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F331S. 317(2) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F332Words in s. 317(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(4)(a)(i) (with ss. 138(9), 144(6))S.I. 1999/2323, art. 2(1), Sch. 1

F333Words in s. 317(3)(a) inserted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(4)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F335S. 317(3)(b) and word repealed (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F336Words in s. 317(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(5) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F337Words in s. 317(5) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 5 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4; S.I. 2002/74, art. 5, Sch. Pt. II

F338S. 317(6)-(7A) substituted for s. 317(6)-(7) (1.9.2002 for E., 8.10.2003 for W.) by Special Educational Needs and Disability Act 2001 (c. 10), s. 14(2), s. 43(3) (with s. 43(13)); S.I. 2002/2217, art. 4, Sch. 1, Pt. 2; S.I. 2003/2532, art. 2, Sch.

F339Words in s. 317(7) substituted (1.10.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/1728, art. 5, Sch. Pt. 2

Modifications etc. (not altering text)

Commencement Information

I1S. 317 wholly in force; s. 317(1)-(5)(7) in force at 1.11.1996 see s. 583(3)(5); s. 317(6) in force at 1.1.1997 by S.I. 1996/2904, art. 2

[F340317A Duty to inform parent where special educational provision madeE+W

(1)This section applies if—

(a)a child for whom no statement is maintained under section 324 is a registered pupil at—

(i)a community, foundation or voluntary school [F341 or a maintained nursery school] , or

(ii)a pupil referral unit,

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

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

(2)If the school is a pupil referral unit, the local education authority must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

(3)In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.]

Textual Amendments

F340S. 317A inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 7(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F341Words in s. 317A(1)(a)(i) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 40 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

318 Provision of goods and services in connection with special educational needs.E+W

(1)A local education authority may, for the purpose only of assisting—

(a)the governing bodies of [F342community, foundation or voluntary schools] [F343 or maintained nursery schools] (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

(b)the governing bodies of [F342community or foundation special schools] (in their or any other area) in the performance of the governing bodies’ duties,

supply goods or services to those bodies.

(2)The terms on which goods or services are supplied by local education authorities under [F344this section to the governing bodies of community, foundation or voluntary schools [F345, maintained nursery schools ] or community or foundation special schools in any other area] may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.

F346[(3)A local education authority [F347in England] may supply goods and services to any authority [F347in England] or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child to whom subsection (3A) applies any special educational provision which any learning difficulty of the child calls for.

(3A)This subsection applies to any child—

(a)who is receiving relevant nursery education within the meaning of section 123 of the School Standards and Framework Act 1998, F348...

F348(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F349(3B)A local education authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection(1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.]

(4)This section is without prejudice to the generality of any other power of local education authorities to supply goods or services.

Textual Amendments

F342Words in s. 318(1)(a)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(2)(a)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F343Words in s. 318(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F344Words in s. 318(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F345Words in s. 318(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F346S. 318(3)(3A) substituted (1.10.1998) for s. 318(3) by 1998 c. 31, ss. 140(1), Sch. 30 para. 75(4) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F347S. 318(3): words inserted (19.12.2002) after the word "authority" by virtue of Education Act 2002 (c. 32), ss. 194(2)(a), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

F348S. 318(3A)(b) repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

319 Special educational provision otherwise than in schools.E+W

(1)Where a local education authority are satisfied that it would be inappropriate for—

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

(b)any part of any such provision,

to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.

(2)Before making an arrangement under this section, a local education authority shall consult the child’s parent.

320 Provision outside England and Wales for certain children.E+W

(1)A local education authority may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 324 to attend an institution outside England and Wales which specialises in providing for children with special needs.

(2)In subsection (1) “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.

(3)Where a local education authority make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—

(a)fees charged by the institution,

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

(c)his travelling expenses, and

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

(4)This section is without prejudice to any other powers of a local education authority.

Identification and assessment of children with special educational needsE+W

321 General duty of local education authority towards children for whom they are responsible.E+W

(1)A local education authority shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.

(2)This subsection applies to a child if—

(a)he has special educational needs, and

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

(3)For the purposes of this Part a local education authority are responsible for a child if he is in their area and—

(a)he is a registered pupil at a [F350maintained school] [F351 or maintained nursery school] ,

F352[(b)education is provided for him at a school which is not a maintained school [F351 or maintained nursery school] but is so provided at the expense of the authority,]

(c)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

(d)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.

Textual Amendments

F350Words in s. 321(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1

F351Words in s. 321(3)(a)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 42 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F352S. 321(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

322 Duty of Health Authority or local authority to help local education authority.E+W

(1)Where it appears to a local education authority that any Health Authority [F353Primary Care Trust] or local authority could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of the authority [F353or trust], specifying the action in question.

(2)An authority [F354or a trust] whose help is so requested shall comply with the request unless—

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

(b)subsection (3) applies.

(3)This subsection applies—

(a)in the case of a Health Authority [F355or Primary Care Trust], if that authority [F355or trust]consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M4National Health Service Act 1977, it is not reasonable for them to comply with the request, or

(b)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.

(4)Regulations may provide that, where an authority [F356or a trust] are under a duty by virtue of subsection (2) to comply with a request to help a local education authority in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

(5)In this section “local authority” means a county council, a county borough council, a district council (other than one for an area for which there is a county council), a London borough council or the Common Council of the City of London.

Textual Amendments

F353Words in s. 322(1) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(a)(i)(ii) (with s. 2(5))

F354Words in s. 322(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(b) (with s. 2(5))

F355Words in s. 322(3)(a) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(c)(i)(ii) (with s. 2(5))

F356Words in s. 322(4) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(d) (with 2(5))

Marginal Citations

323 Assessment of educational needs.E+W

(1)Where a local education authority are of the opinion that a child for whom they are responsible falls, or probably falls, within subsection (2), they shall serve a notice on the child’s parent informing him—

(a)that they [F357are considering whether] to make an assessment of the child’s educational needs,

(b)of the procedure to be followed in making the assessment,

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

(d)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.

(2)A child falls within this subsection if—

(a)he has special educational needs, and

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

(3)Where—

(a)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

(b)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),

they shall make an assessment of his educational needs.

(4)Where a local education authority decide to make an assessment under this section, they shall give notice in writing to the child’s parent of that decision and of their reasons for making it.

(5)Schedule 26 has effect in relation to the making of assessments under this section.

(6)Where, at any time after serving a notice under subsection (1), a local education authority decide not to assess the educational needs of the child concerned they shall give notice in writing to the child’s parent of their decision.

Textual Amendments

F357Words in s. 323(1)(a) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 11(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

324 Statement of special educational needs.E+W

(1)If, in the light of an assessment under section 323 of any child’s educational needs and of any representations made by the child’s parent in pursuance of Schedule 27, it is necessary for the local education authority to determine the special educational provision which any learning difficulty he may have calls for, the authority shall make and maintain a statement of his special educational needs.

(2)The statement shall be in such form and contain such information as may be prescribed.

(3)In particular, the statement shall—

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

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

(4)The statement shall—

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

(b)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

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

[F358(4A)Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.]

(5)Where a local education authority maintain a statement under this section, then—

(a)unless the child’s parent has made suitable arrangements, the authority—

(i)shall arrange that the special educational provision specified in the statement is made for the child, and

(ii)may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate, and

(b)if the name of a [F359maintained school] [F360 or maintained nursery school] is specified in the statement, the governing body of the school shall admit the child to the school.

[F361(5A)Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.]

(6)Subsection (5)(b) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(7)Schedule 27 has effect in relation to the making and maintenance of statements under this section.

Textual Amendments

F358S. 324(4A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E., 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 9, 43(4)(c) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F359Words in s. 324(5)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 77(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F360Words in s. 324(5)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 43 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F361S. 324(5A) inserted (1.10.1998) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 77(b) (with ss. 138(9), 144(6))

Modifications etc. (not altering text)

C21S. 324(5)(b)(5A) applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8

S. 324(5)(b)(5A) applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8

C22S. 324(5)(b)(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

C23S. 324(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

325 Appeal against decision not to make statement.E+W

(1)If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the local education authority do not propose to make such a statement, they shall give notice in writing of their decision, F362. . . to the child’s parent.

(2)In such a case, the child’s parent may appeal to the Tribunal against the decision.

[F363(2A)A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.

(2B)Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.]

(3)On an appeal under this section, the Tribunal may—

(a)dismiss the appeal,

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

(c)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.

Textual Amendments

F362Words in s. 325(1) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 6(1), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F363Ss. 325(2A)(2B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 42(1), 43(4)(e), Sch. 8 para. 6(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

326 Appeal against contents of statement.E+W

[F364(1)The parent of a child for whom a local education authority maintain a statement under section 324 may appeal to the Tribunal—

(a)when the statement is first made,

(b)if an amendment is made to the statement, or

(c)if, after conducting an assessment under section 323, the local education authority determine not to amend the statement.

(1A)An appeal under this section may be against any of the following—

(a)the description in the statement of the local education authority’s assessment of the child’s special educational needs,

(b)the special educational provision specified in the statement (including the name of a school so specified),

(c)if no school is specified in the statement, that fact.]

(2)Subsection (1)(b) does not apply where the amendment is made in pursuance of—

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

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

and subsection (1)(c) does not apply to a determination made following the service of notice under [F365paragraph 2A] (amendment by LEA) of Schedule 27 of a proposal to amend the statement.

(3)On an appeal under this section, the Tribunal may—

(a)dismiss the appeal,

(b)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

(c)order the authority to cease to maintain the statement.

(4)On an appeal under this section the Tribunal shall not order the local education authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

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

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

(5)Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.

Textual Amendments

F364S. 326(1)(1A) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 19 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F365Words in s. 326(2) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 20 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C24S. 326(3) restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(6), 162 (with s. 159)

[F366326A Unopposed appealsE+W

(1)This section applies if—

(a)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

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

(2)The appeal is to be treated as having been determined in favour of the appellant.

(3)If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

(4)Before the end of the prescribed period, the authority must—

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

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

(c)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.

(5)An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

[F367(6)In this section, “prescribed” means prescribed by regulations made—

(a)in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b)in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales.]]

Textual Amendments

F366S. 326A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 5, 43(4)(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

327 Access for local education authority to certain schools.E+W

(1)This section applies where—

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

F368[(b)in pursuance of the statement education is provided for the child at a school maintained by another local education authority [F369or at an independent school] .]

(2)Any person authorised by the local education authority shall be entitled to have access at any reasonable time to the premises of any such school for the purpose of monitoring the special educational provision made in pursuance of the statement for the child at the school.

Textual Amendments

F368S. 327(1)(b) substituted (1.9.1999) for s. 327(1)(b)(i)-(iii) by 1998 c. 31, s. 140(1), Sch. 30 para.78 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F369Words in s. 327(1)(b) inserted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 173, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

328 Reviews of educational needs.E+W

(1)Regulations may prescribe the frequency with which assessments under section 323 are to be repeated in respect of children for whom statements are maintained under section 324.

(2)Where—

(a)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,

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

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

the authority shall comply with the request.

(3)If in any case where subsection (2)(a) and (b) applies the authority determine not to comply with the request—

(a)they shall give [F370notice in writing of that fact] to the child’s parent, and

(b)the parent may appeal to the Tribunal against the determination.

[F371(3A)A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.

(3B)Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.]

(4)On an appeal under subsection (3) the Tribunal may—

(a)dismiss the appeal, or

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

(5)A statement under section 324 shall be reviewed by the local education authority—

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

(b)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.

(6)Regulations may make provision—

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

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

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

Textual Amendments

F370Words in s. 328(3)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para 7(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F371S. 328(3A)(3B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 7(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

329 Assessment of educational needs at request of child’s parent.E+W

(1)Where—

(a)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,

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

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

the authority shall comply with the request.

(2)If in any case where subsection (1)(a) and (b) applies the authority determine not to comply with the request—

(a)they shall give [F372notice in writing of that fact] to the child’s parent, and

(b)the parent may appeal to the Tribunal against the determination.

[F373(2A)A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.]

(3)On an appeal under subsection (2) the Tribunal may—

(a)dismiss the appeal, or

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

Textual Amendments

F372Words in s. 329(2)(a) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F373S. 329(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

[F374329A Review or assessment of educational needs at request of responsible bodyE+W

(1)This section applies if—

(a)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),

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

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

(2)If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.

(3)Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—

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

(b)of the procedure to be followed in making the assessment,

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

(d)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”).

(4)The specified period must not be less than 29 days beginning with the date on which the notice is served.

(5)The authority may not decide whether to comply with the request until the specified period has expired.

(6)The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.

(7)If, as a result of this section, a local education authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.

(8)If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—

(a)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

(b)the parent may appeal to the Tribunal against the decision.

(9)A notice given under subsection (8)(a) to the child’s parent must—

(a)inform the parent of his right to appeal, and

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

(10)On an appeal under subsection (8) the Tribunal may—

(a)dismiss it, or

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

(11)This section applies to a child for whom relevant nursery education is provided as it applies to a child who is a registered pupil at a relevant school.

(12)“Relevant school” means—

(a)a maintained school,

(b)a maintained nursery school,

(c)a pupil referral unit,

(d)an independent school,

(e)a school approved under section 342.

(13)“The responsible body” means—

(a)in relation to F375... a pupil referral unit, the head teacher,

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

(c)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.

(14)“Relevant nursery education” has the same meaning as in section 123 of the School Standards and Framework Act 1998, except that it does not include nursery education provided by a local education authority at a maintained nursery school.

(15)“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.]

Textual Amendments

F374S. 329A inserted (15.6.2001 for certain purposes and 1.1.2002 otherwise for E., 21.1.2002 for certain purposes and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 8 (with s. 43(13)); S.I. 2001/2217, arts, 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

F375Words in s. 329A(13)(a) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 44, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

330

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

331 Assessment of educational needs of children under two.E+W

(1)Where a local education authority are of the opinion that a child in their area who is under the age of two falls, or probably falls, within subsection (2)—

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

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

(2)A child falls within this subsection if—

(a)he has special educational needs, and

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

(3)An assessment under this section shall be made in such manner as the authority consider appropriate.

(4)After making an assessment under this section, the authority—

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

(b)may maintain that statement,

in such manner as they consider appropriate.

332 Duty of Health Authority or National Health Service trust to notify parent etc.E+W

(1)This section applies where a Health Authority [F376, a Primary Care Trust] [F377, a National Health Service trust or an NHS foundation trust] , in the course of exercising any of their functions in relation to a child who is under [F378compulsory school age], form the opinion that he has (or probably has) special educational needs.

(2)The Authority or trust—

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

(b)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.

(3)If the Authority or trust are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.

Textual Amendments

F376Words in s. 332(1) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(3) (with s. 2(5))

F378Words in s. 332(1) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 24; S.I. 1998/386, art. 2, Sch. 1 Pt. III

[F379 General duties of local education authoritiesE+W

Textual Amendments

F379S. 332A and preceding cross-heading inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 2 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

332A Advice and information for parentsE+W

(1)A local education authority must arrange for the parent of any child in their area with special educational needs to be provided with advice and information about matters relating to those needs.

(2)In making the arrangements, the authority must have regard to any guidance given—

(a)for England, by the Secretary of State,

(b)for Wales, by the National Assembly for Wales.

(3)The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—

(a)the parents of children in their area,

(b)the head teachers and proprietors of schools in their area, and

(c)such other persons as they consider appropriate.

[F380332B Resolution of disputesE+W

(1)A local education authority must make arrangements with a view to avoiding or resolving disagreements between authorities (on the one hand) and parents of children in their area (on the other) about the exercise by authorities of functions under this Part.

(2)A local education authority must also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between the parents of a relevant child and the proprietor of the school about the special educational provision made for that child.

(3)The arrangements must provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of such disagreements.

(4)In making the arrangements, the authority must have regard to any guidance given—

(a)for England, by the Secretary of State,

(b)for Wales, by the National Assembly for Wales.

(5)The authority must take such steps as they consider appropriate for making the arrangements made under subsections (1) and (2) known to—

(a)the parents of children in their area,

(b)the head teachers and proprietors of schools in their area, and

(c)such other persons as they consider appropriate.

(6)The arrangements cannot affect the entitlement of a parent to appeal to the Tribunal.

(7)In this section—

(8)For the purposes of this section a school is a relevant school in relation to a child if it is—

(a)a maintained school or a maintained nursery school,

(b)a pupil referral unit,

(c)a city technology college, a city college for the technology of the arts or a city academy,

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

(e)a school approved under section 342.]]

Textual Amendments

F380S. 332B inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 3 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Special Educational Needs TribunalE+W

333 Constitution of Tribunal.E+W

[F381(1Z)In this section and sections 334 to 336, “the Tribunal” means the Special Educational Needs and Disability Tribunal.]

[F382(1)The Tribunal shall exercise the jurisdiction conferred on it by this Part.]

(2)There shall be appointed—

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

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

(c)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.

(3)The President and the members of the chairmen’s panel shall each be appointed by the Lord Chancellor.

(4)The members of the lay panel shall each be appointed by the Secretary of State.

(5)Regulations may—

(a)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

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

(6)The Secretary of State may, with the consent of the Treasury, provide such staff and accommodation as the Tribunal may require.

Textual Amendments

F382S. 333(1) substituted (1.9.2002) by 2001 c. 10, ss. 42(1), 43(3), Sch. 8 para. 3 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Modifications etc. (not altering text)

C27S. 333(5)(6) applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

334 The President and members of the panels.E+W

(1)No person may be appointed President or member of the chairmen’s panel unless he has a seven year general qualification (within the meaning of section 71 of the M5Courts and Legal Services Act 1990).

(2)No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed.

(3)If, in the opinion of the Lord Chancellor, the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may revoke his appointment.

(4)Each member of the chairmen’s panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.

(5)The President or a member of the chairmen’s panel or lay panel—

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

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

Modifications etc. (not altering text)

C28S. 334(2) applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Marginal Citations

335 Remuneration and expenses.E+W

(1)The Secretary of State may pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration and allowances as the Secretary of State may, with the consent of the Treasury, determine.

(2)The Secretary of State may defray the expenses of the Tribunal to such amount as he may, with the consent of the Treasury, determine.

Modifications etc. (not altering text)

C29S. 335 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

336 Tribunal procedure.E+W

(1)Regulations may make provision about the proceedings of the Tribunal on an appeal under this Part and the initiation of such an appeal.

(2)The regulations may, in particular, include provision—

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

(b)where the jurisdiction of the Tribunal is being exercised by more than one tribunal—

(i)for determining by which tribunal any appeal is to be heard, and

(ii)for the transfer of proceedings from one tribunal to another,

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

F383(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(g)for granting any person such [F384disclosure] or inspection of documents or right to further particulars as might be granted by a county court,

(h)requiring persons to attend to give evidence and produce documents,

(i)for authorising the administration of oaths to witnesses,

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

(k)as to the withdrawal of appeals,

(l)for the award of costs or expenses,

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

(n)for the registration and proof of decisions and orders, and

(o)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.

[F385(2A)Proceeding before the Tribunal shall be held in private, except in prescribed circumstances.]

(3)The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may, with the consent of the Treasury, determine.

(4)Part I of the M6Arbitration Act 1996 shall not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of [F386that Part].

[F387(4A)The regulations may make provision for an appeal under this Part to be heard, in prescribed circumstances, with a claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995.]

(5)Any person who without reasonable excuse fails to comply with—

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

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

is guilty of an offence.

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F383Section 336(2)(d) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 13(2)(a), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F384Word in s. 336(2)(g) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(2)(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F385S. 336(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F386Words in s. 336(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(4) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C30S. 336 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Marginal Citations

[F388336ZA Special Educational Needs Tribunal for WalesE+W

(1)There shall be a tribunal to be known as Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.

(2)Sections 333 to 336 shall apply in relation to that tribunal as they apply in relation to the Special Educational Needs and Disability Tribunal, but as if—

(a)functions of the Secretary of State were functions of the National Assembly for Wales,

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

(c)requirements for the Treasury’s consent were omitted.

(3)The powers of the National Assembly for Wales under sections 333(4) and (5) and 334(2) are exercisable only with the agreement of the Secretary of State.]

Textual Amendments

[F389336A Compliance with ordersE+W

(1)If the Tribunal makes an order, the local education authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

[F390(2)In subsection (1), “prescribed” means prescribed by regulations made—

(a)as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b)as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State.]]

Textual Amendments

F389S. 336A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 4, 43(4)(a) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Chapter IIE+W Schools providing for special educational needs

Special schoolsE+W

[F391337 Special schools.E+W

(1)A school is a special school if it is specially organised to make special educational provision for pupils with special educational needs.

(2)There are the following categories of special school—

(a)special schools maintained by local education authorities, comprising—

(i)community special schools, and

(ii)foundation special schools; and

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

Textual Amendments

Establishment etc. of special schoolsE+W

F392338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F392S. 338 omitted (1.4.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30 para. 81 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; ss. 338-341 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F393339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F393S. 339 repealed (1.4.1999 so far as relating to the omission of s. 339(2) and certain words in s. 339(4)(a) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

F394340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F394S. 340 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.81, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/704, regs. 7, 8, 14(2)(g)); S.I. 1999/2323, art. 2(1), Sch. 1

F395341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F396 Approval of non-maintained special schools]E+W

Textual Amendments

F396S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F397X1342 Approval of non-maintained special schools.E+W

(1)The Secretary of State may approve under this section any school which—

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

(b)is not a community or foundation special school,

and may give his approval before or after the school is established.

(2)Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3)Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4)Regulations may make provision as to—

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

(b)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.

(5)Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—

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

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

(6)Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school approved under this section—

(a)receives religious education and attends religious worship, or

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

Editorial Information

X1S. 342: With effect from 1.9.1999 s. 342 became subsumed by new cross-heading "Approval of non-maintained special schools". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Textual Amendments

F397S. 342 and cross-heading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

X2F398343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Editorial Information

X2S. 343: With effect from 1.9.1999, a new cross-heading "Approval of non-maintained special schools" was inserted before s. 342. Versions ofs. 343 as it stood at any time before that date cannot now be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Textual Amendments

Government etc. of special schoolsE+W

F399344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F399S. 344 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/2323, art. 5, Sch. 7 paras. 2, 10); S.I. 1999/2323, art, 2(1), Sch. 1

Maintained special school becoming grant-maintainedE+W

F400345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Grouping of grant-maintained special schoolsE+W

F401346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Independent schools providing special educationE+W

347 Approval of independent schools.E+W

(1)The Secretary of State may approve an independent school as suitable for the admission of children for whom statements are maintained under section 324.

(2)Regulations may make provision as to—

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

(b)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

(c)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.

(3)An approval under this section may be given subject to such conditions (in addition to those prescribed) as the Secretary of State sees fit to impose.

(4)In any case where there is a failure to comply with such a condition imposed under subsection (3), the Secretary of State may withdraw his approval.

(5)No person shall so exercise his functions under this Part that a child with special educational needs is educated in an independent school unless—

(a)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

(b)the Secretary of State [F402 is satisfied that there is a place available for the child at the school and ] consents to the child being educated there.

[F403(5A)But that does not apply to a local education authority deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]

Textual Amendments

F403S. 347(5A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

348 Provision of special education at non-maintained schools.E+W

(1)This section applies where—

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

(b)either the name of the school is specified in a statement in respect of the child under section 324 or the local education authority are satisfied—

(i)that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and

(ii)that it is appropriate for the child to be provided with education at the particular school.

(2)Where this section applies, the local education authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—

(a)board and lodging are provided for him at the school, and

(b)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,

the authority shall pay the whole of the fees payable in respect of the board and lodging.

[F404(3)In this section “maintained school” means a school maintained by a local education authority.]

Textual Amendments

F404S. 348(3) substituted (1.9.1999) for s. 348(3)(a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para.84 (with ss. 138(9), 144(6))

Variation of deedsE+W

349 Variation of trust deeds etc. by order.E+W

(1)The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to him to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 342 or 347.

(2)Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

Part VE+W The Curriculum

Modifications etc. (not altering text)

C31Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Chapter IE+W Preliminary

350 Meaning of “maintained school” etc. in Part V.E+W

F405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

351 General duties in respect of the curriculum.E+W

F406. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

352 Basic curriculum for every maintained school.E+W

F407. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter IIE+W Secular education

The National Curriculum: generalE+W

353 The National Curriculum.E+W

F408. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

354 The core subjects and other foundation subjects.E+W

F409. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

355 The key stages.E+W

F410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

356 Establishment of the National Curriculum by order.E+W

F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

357 Implementation of the National Curriculum in schools.E+W

F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The School Curriculum and Assessment AuthorityE+W

F413358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F414359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

The Curriculum and Assessment Authority for WalesE+W

F415360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F416361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

The National Curriculum: special casesE+W

362 Development work and experiments.E+W

F417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

363 Exceptions by regulations.E+W

F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

364 Pupils with statements of special educational needs.E+W

F419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

365 Temporary exceptions for individual pupils.E+W

F420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

366 Information concerning directions under section 365.E+W

F421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

367 Appeals against directions under section 365 etc.E+W

F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The National Curriculum: supplementary provisionsE+W

368 Procedure for making certain orders and regulations.E+W

F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

369 Programmes of research etc. in relation to Wales.E+W

F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General functions of LEA, governing body and head teacher in relation to curriculumE+W

F425370. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F426371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F427372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F428373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F429374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter IIIE+W Religious education and worship

Agreed syllabusesE+W

375 Agreed syllabuses of religious education.E+W

(1)Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the commencement of this Act shall continue to have effect.

(2)In this Act “agreed syllabus” means a syllabus of religious education—

(a)prepared before the commencement of this Act in accordance with Schedule 5 to the M7Education Act 1944 or after commencement in accordance with Schedule 31, and

(b)adopted by a local education authority under that Schedule,

whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.

(3)Every agreed syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

(4)Any reference in this Act to an agreed syllabus adopted by a local education authority includes a reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of Schedule 5 to the M8Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction under that paragraph.

(5)Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Marginal Citations

Required provision for religious educationE+W

F430376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F431377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F432378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F433379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F434380. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F435381. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F436382. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F437383. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F438384. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Religious worshipE+W

F439385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F440386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F441387. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F442388. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Exceptions and special arrangementsE+W

F443389. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Constitution of standing advisory councils on religious educationE+W

390 Constitution of advisory councils.E+W

(1)A local education authority shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).

[F444(2)The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).]

(3)The council may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).

(4)The representative groups required by this subsection are—

(a)a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b)except in the case of an area in Wales, a group of persons to represent the Church of England;

(c)a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d)a group of persons to represent the authority.

(5)Where a representative group is required by subsection (4)(b), the representative group required by subsection (4)(a) shall not include persons appointed to represent the Church of England.

(6)The number of representative members appointed to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

(7)On any question to be decided by the council only the representative groups on the council shall be entitled to vote, and each representative group shall have a single vote.

Textual Amendments

F444S. 390(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.93 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

391 Functions of advisory councils.E+W

(1)The purposes referred to in section 390(1) are—

[F445(a)to advise the local education authority on such matters connected with—

(i)religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

(ii)the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and]

(b)to carry out the functions conferred on them by section 394.

(2)The matters referred to in subsection (1)(a) include, in particular, methods of teaching, the choice of materials and the provision of training for teachers.

(3)The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.

(4)Each representative group concerned shall have a single vote on the question of whether to require such a review.

(5)Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

(6)The council shall in each year publish a report as to the exercise of their functions and any action taken by representative groups on the council under subsection (3) during the last preceding year.

(7)The council’s report shall in particular—

(a)specify any matters in respect of which the council have given advice to the authority,

(b)broadly describe the nature of the advice given, and

(c)where any such matter was not referred to the council by the authority, give the council’s reasons for offering advice on that matter.

F446(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)The council shall send a copy of each report published by them under subsection (6)—

(a)in the case of a council for an area in England, to [F447the Qualifications and Curriculum Authority], and

(b)in the case of a council for an area in Wales, to [F448the Qualifications, Curriculum and Assessment Authority for Wales].

Textual Amendments

F445S. 391(1)(a)(i)(ii) substituted (1.9.1999) for s. 391(1)(a) by 1998 c. 31, s. 140(1), Sch. 30 para. 94(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F447Words in s. 391(10) substituted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 29(a); S.I. 1997/1468, art. 2, Sch. 1 Pt. III

F448Words in s. 391(10) substituted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para 29(b); S.I. 1997/1468, art. 2, Sch. 1 Pt. III

392 Advisory councils: supplementary provisions.E+W

(1)In this section “the council” means the standing advisory council on religious education constituted by a local education authority under section 390.

(2)Before appointing a person to represent any religion, denomination or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

(3)A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.

F449(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A person co-opted as a member of the council shall hold office on such terms as may be determined by the members co-opting him.

(6)A member of the council may at any time resign his office.

(7)Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.

(8)The validity of proceedings of the council or of the members of the council of any particular category shall not be affected—

(a)by a vacancy in the office of any member of the council required by section 390(2), or

(b)on the ground that a member of the council appointed to represent any religion, denomination or associations does not at the time of the proceedings represent the religion, denomination or associations in question.

Textual Amendments

F450393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Determinations by standing advisory councilsE+W

394 Determination of cases in which requirement for Christian collective worship is not to apply.E+W

(1)The council constituted by a local education authority under section 390 shall, on an application made by the head teacher of—

(a)any [F451community school] maintained by the authority, or

[F452(b)any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,]

consider whether it is appropriate for the requirement imposed by [F453paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship)] to apply in the case of the school or in the case of any class or description of pupils at the school.

(2)In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

(3)The council shall give the head teacher written notification of their decision on the application.

(4)Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of [F454paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship)] on such date as may be specified in the notification of the council’s decision under subsection (3).

(5)Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

(6)On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(7)An application under subsection (1) shall be made in such manner and form as the council may require.

(8)Where an application is made under subsection (1)(a) in respect of [F455a community school which becomes a foundation school (by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)] before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

Textual Amendments

F451Words in s. 394(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F453Words in s. 394(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F454Words in s. 394(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F455Words in s. 394(8) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

395 Review of determinations under section 394.E+W

(1)Any determination by a council under section 394 by virtue of which the requirement imposed by [F456paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998] does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council—

(a)at any time on an application made by the head teacher, and

(b)in any event not later than the end of the period of five years beginning with the date on which the determination first took effect or (where it has since been reviewed under this section) with the effective date of the decision on the last review.

(2)On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.

(3)On a review under this section, the council may—

(a)confirm the determination, with or without variation, or

(b)revoke it (without prejudice to any further determination under section 394).

(4)The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).

(5)Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.

(6)The head teacher of a school shall consult the governing body before making an application under subsection (1)(a) or any representations under subsection (2).

(7)On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(8)An application under subsection (1)(a) shall be made in such manner and form as the council may require.

Textual Amendments

F456Words in s. 395(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.98 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

396 Power of Secretary of State to direct advisory council to revoke determination or discharge duty.E+W

(1)Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education constituted by a local education authority under section 390—

(a)have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by [F457paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998] to apply in the case of any school or any class or description of pupils at a school, or

(b)have failed to discharge any duty imposed under section 394 or 395,

he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

(2)Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Textual Amendments

F457Words in s. 396(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.99 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Access to meetings and documentsE+W

397 Religious education: access to meetings and documents.E+W

(1)This section applies to—

(a)any conference convened under any of paragraphs 1 to 3 of Schedule 31, and

(b)any standing advisory council on religious education constituted under section 390.

(2)Regulations may make provision—

(a)for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

(b)requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

(c)requiring conferences or councils, at such time or times as may be prescribed—

(i)to make available for inspection, or

(ii)to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

(3)Regulations made under subsection (2) may apply to—

(a)committees appointed by local education authorities under paragraph 4 of Schedule 31,

(b)sub-committees appointed by conferences under that Schedule, and

(c)representative groups on councils appointed under section 390(4),

as they apply to conferences and councils.

MiscellaneousE+W

398 No requirement of attendance at Sunday school etc.E+W

It shall not be required, as a condition of—

(a)a pupil attending a maintained school, or

(b)a person attending such a school to receive further education or teacher training,

that he must attend or abstain from attending a Sunday school or a place of religious worship.

399 Determination of question whether religious education in accordance with trust deed.E+W

Where any trust deed relating to [F458a foundation or voluntary school] makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

Textual Amendments

F458Words in s. 399 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.100 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Chapter IVE+W Miscellaneous and supplementary provisions

Courses leading to external qualificationsE+W

F459400. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F459S. 400 repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch.8; S.I. 2001/1215, art. 2

F460401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F460S. 401 repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), 58(3), Sch.8; S.I. 2001/1215, art. 2

Obligation to enter pupils for public examinationsE+W

402 Obligation to enter pupils for public examinations.E+W

(1)Subject to subsections (2) and (3), the governing body of a maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.

(2)The governing body are not required to secure that a pupil is entered for any examination, or for an examination in any syllabus for that examination, if either—

(a)they consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus, or

(b)the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus;

but this subsection does not apply to an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil.

(3)The governing body are not required to secure that a pupil is entered for any examination in any syllabus for that examination if they have secured his entry for another prescribed public examination in a corresponding syllabus.

(4)For the purposes of subsection (3) a syllabus for a prescribed public examination shall be regarded as corresponding to a syllabus for another prescribed public examination if the same course of study is provided at the school in preparation for both syllabuses.

(5)As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school, the governing body shall notify the pupil’s parent in writing of their determination in relation to each such syllabus.

(6)In this section—

(a)“maintained school” includes [F461a community or foundation special school] established in a hospital;

[F462(aa)“assessment arrangements” and “fourth key stage”—

(i)in relation to a school maintained by a local education authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

(ii)in relation to a school maintained by a local education authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and]

(b)references to a prescribed public examination shall be construed in accordance with section 462.

Textual Amendments

F461Words in s. 402(6) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.101 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F462S. 402(6)(aa) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) for word at the end of s. 402(6)(a) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 45 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

Sex educationE+W

403 Sex education: manner of provision.E+W

(1)The F463. . ., governing body and head teacher shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school, it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

[F464(1A)The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

(a)they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b)they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

(1B)In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

(1C)Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

(1D)The Secretary of State may at any time revise his guidance under subsection (1A).]

(2)In [F465this section]“maintained school” includes [F466a community or foundation special school] established in a hospital [F467and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.]

Textual Amendments

F463Words in s. 403(1) repealed (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, ss. 148(3), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

F464S. 403(1A)-(1D) inserted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(4) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

F465Words in s. 403(2) substituted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(5)(a) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

F466Words in s. 403(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 102 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F467Words in s. 403(2) inserted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(5)(b) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

404 Sex education: statements of policy.E+W

(1)The governing body of a maintained school shall—

(a)make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

(b)make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

[F468(1A)A statement under subsection (1) must include a statement of the effect of section 405.]

(2)In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, [F469a community or foundation special school] established in a hospital.

F470(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F468S. 404(1A) inserted (1.11.2000 (E.), 1.9.2001 (W.)) by 2000 c. 21, ss. 148(6), 154 (with s. 150)); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274 art. 2(2) Sch. Pt. II

F469Words in s. 404(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 103(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

405 Exemption from sex education.E+W

If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.

PoliticsE+W

406 Political indoctrination.E+W

(1)The local education authority, governing body and head teacher shall forbid—

(a)the pursuit of partisan political activities by any of those registered pupils at a maintained school who are junior pupils, and

(b)the promotion of partisan political views in the teaching of any subject in the school.

(2)In the case of activities which take place otherwise than on the school premises, subsection (1)(a) applies only where arrangements for junior pupils to take part in the activities are made by—

(a)any member of the school’s staff (in his capacity as such), or

(b)anyone acting on behalf of the school or of a member of the school’s staff (in his capacity as such).

(3)In this section “maintained school” includes [F471a community or foundation special school] established in a hospital.

Textual Amendments

F471Words in s. 406(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.104 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

407 Duty to secure balanced treatment of political issues.E+W

(1)The local education authority, governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

(a)in attendance at a maintained school, or

(b)taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school,

they are offered a balanced presentation of opposing views.

(2)In this section “maintained school” includes [F472a community or foundation special school] established in a hospital.

Textual Amendments

F472Words in s. 407(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.105 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

InformationE+W

408 Provision of information.E+W

(1)Regulations may require, in relation to every maintained school, the local education authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a)such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part [F473or Part V of the Education Act 1997][F474or section 96 of the Learning and Skills Act 2000][F475or the relevant provisions of the Education Act 2002], and

F476[(b)such copies of the documents mentioned in subsection (3),

as may be prescribed.]

(2)The matters referred to in subsection (1)(a) are—

(a)the curriculum for maintained schools,

(b)the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

(c)the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

(d)the educational achievements of [F477such classes or descriptions of pupils] as may be prescribed (including results of the kind mentioned in paragraph (c)). [F478, and

F478(e)arrangements relating to external qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications.]

F479[(3)The documents referred to in subsection (1)(b) are—

(a)any written statement made by the local education authority under section 370,

(b)any written statement made by the governing body in pursuance of provision made under section 371,

(c)any written statement made by the governing body of their policy as to the curriculum for the school, and

(d)any report prepared by the governing body under section 161 or paragraph 7 of Schedule 23 (governors’ annual reports).]

(4)For the purposes of subsection (1) the relevant provisions of this Part are—

(a)F480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F481[(b)sections 375(3) and 384;]

[(c)sections 385 and 388 and, so far as relating to county schools, sections 386 and 387;]

(d)sections [F482390] to 392;

(e)sections 394 to 396;

(f)sections 398 F483. . . and 405; and

(g)section 409.

[F484(4A)For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

(a)Part 6 (the curriculum in England), and

(b)sections 97 to 117 (the curriculum in Wales).]

(5)Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

(6)Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under [F485Part 6 or 7 of the Education Act 2002] or otherwise) to be made available to any persons other than—

(a)the parents of the pupil concerned,

(b)the pupil concerned,

(c)in the case of a pupil who has transferred to a different school, the head teacher of that school,

(d)the governing body of the school, or

(e)the local education authority;

and shall not require such information to be made available to the governing body, the head teacher or the local education authority except where relevant for the purposes of the performance of any of their functions.

(7)Regulations under this section may authorise local education authorities, governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(8)In relation to any maintained school, the local education authority and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

[F486(9)In this section “maintained school” includes a maintained nursery school.]

Textual Amendments

F473Words in s. 408(1)(a) inserted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 30(a); S.I. 1997/1468, art. 2, Sch. 1 Pt. III

F474Words in s. 408(1)(a) inserted (28.7.2000 for certain purposes otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(2) (with s.150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

F475Words in s. 408(1)(a) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 46(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4; Sch. Pt. I

F477Words in s. 408(2)(d) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(b) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F478S. 408(2)(e) and preceding ", and" inserted (28.7.2000 for certain purposes, otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(3) (with 150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

F482Word in s. 408(4)(d) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(d)(ii) (with ss. 138(9), 144(6))

F483Words in s. 408(4)(f) repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch. 7 para. 30(b), Sch. 8; S.I. 2001/1215, art. 2

F484S. 408(4A) inserted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F485Words in s. 408(6) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

Complaints and enforcementE+W

409[F487Complaints and enforcement: maintained schools. ]E+W

(1)A local education authority shall, F488. . . after consultation with governing bodies [F489of foundation and voluntary aided schools,] make arrangements for the consideration and disposal of any complaint to which subsection (2) applies.

(2)This subsection applies to any complaint which is to the effect that the authority, or the governing body of [F490any community, foundation or voluntary school maintained by the authority [F491, any maintained nursery school so maintained] or any community or foundation special school] so maintained which is not established in a hospital—

(a)have acted or are proposing to act unreasonably in relation to the exercise of a power conferred on them by or under a relevant enactment, or

(b)have acted or are proposing to act unreasonably in relation to the performance of, or have failed to discharge, a duty imposed on them by or under a relevant enactment.

(3)In subsection (2) “relevant enactment” means—

(a)any provision which by virtue of section 408(4) is a relevant provision of this Part for the purposes of section 408(1),

[F492(aa)any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),] and

(b)any other enactment (whether contained in this Part or otherwise) so far as relating to the curriculum for, or religious worship in, maintained schools F493. . ..

(4)The Secretary of State shall not entertain under section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties) any complaint to which subsection (2) applies, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under subsection (1).

Textual Amendments

F487S. 409 sidenote substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(d) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F488Words in s. 409(1) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 47(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F489Words in s. 409(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F490Words in s. 409(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F491Words in s. 409(2) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 47(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4

F492S. 409(3)(aa) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 47(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F493Words in s. 409(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 107(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Nursery educationE+W

410 Application of Part V in relation to nursery education.E+W

[F494Nothing in this Part applies in relation to a nursery school or in relation to a nursery class in a primary school.]

Textual Amendments

F494S. 410 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 205, 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

Part VIE+W School admissions, attendance and charges

Chapter IE+W[F495Admission, registration and withdrawal of pupils]

Textual Amendments

F495Words in cross-heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.108 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 2

Parental preferencesE+W

F496411 Parental preferences.E+W

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

Textual Amendments

F497411A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Admission arrangements for county and voluntary schoolsE+W

F498412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F499413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F500413A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F501413B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F502414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Admission numbers for county and voluntary schoolsE+W

F503415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F503S. 415 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.,I. 1999/1016, art. 2(3), Sch. 3.

F504416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F505417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F506418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F507419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F508420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F508S. 420 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 6); S.I. 1999/1016, art. 2(3), Sch. 3.

F509421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F510421A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

New county and voluntary schoolsE+W

F511422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F511S. 422 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 11, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)), and savings in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3.

Admissions appeals relating to county and voluntary schoolsE+W

F512423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F513423A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Nursery and special schools, etc.E+W

F514424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F514S. 424 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.I. 1999/1016, art. 2(3), Sch. 3.

Admission arrangements for grant-maintained schoolsE+W

F515425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F516425A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F516S. 425A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 11); S.I. 1999/1016, art. 2(3), Sch. 3.

F517425B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F517S. 425B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 2); S.I. 1999/1016, art. 2(3), Sch. 3

Admission numbers for grant-maintained schoolsE+W

F518426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F518S. 426 repealed (1.4.1999 to the extent of the repeal of s. 426(6) and 1.9.1999 to the extent of the repeal of s. 426(1)-(5)) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 7); S.I. 1999/1016, art. 2(1)(3), Sch. 1, Sch. 3

F519426A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F519S. 426A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9),144(6); S.I. 1999/1016, art. 2(3), Sch. 3

F520427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F521428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Admissions appeals relating to grant-maintained schoolsE+W

F522429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F522S. 429 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 11);,S.I. 1999/1016, art. 2(3), Sch. 3.

Co-ordinated arrangements for admissionsE+W

F523430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F523S. 430 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 11); S.I. 1999/1016, art. 2(3), Sch. 3.

Power to direct admission of child to schoolE+W

F524431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F524S. 431 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 10, 11); S.I. 1999/1016, art. 2(1), Sch. 1.

F525432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F525S. 432 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 10); S.I. 1999/1016, art. 2(1), Sch. 1.

Time for admission of pupilsE+W

433 Time for admission of pupils.E+W

(1)Section 14 (which requires a local education authority to secure that sufficient schools for providing primary and secondary education are available for their area) shall not be construed as imposing any obligation on the proprietor of a school to admit children as pupils otherwise than at the beginning of a school term.

(2)Where, however, a child was prevented from entering a school at the beginning of a term—

(a)by his being ill or by other circumstances beyond his parent’s control, or

(b)by his parent’s having been then resident at a place from which the school was not accessible with reasonable facility,

the school’s proprietor is not entitled by virtue of subsection (1) to refuse to admit him as a pupil during the currency of the term.

(3)In cases where subsection (2) does not apply, the governing body of a school maintained by a local education authority shall comply with any general directions given by the authority as to the time of admission of children as pupils.

F526(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Despite section 7 (duty of parent of child of compulsory school age to cause him to receive full-time education), a parent is not under a duty to cause a child to receive full-time education during any period during which, having regard to subsections (1) and (2), it is not practicable for the parent to arrange for him to be admitted as a pupil at a school.

Textual Amendments

Registration of pupilsE+W

434 Registration of pupils.E+W

(1)The proprietor of a school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars in respect of all persons who are pupils at the school.

(2)Without prejudice to the generality of subsection (1), the prescribed particulars shall include particulars of the name and address of every person known to the proprietor to be a parent of a pupil at the school.

(3)The regulations shall prescribe the grounds on which names are to be deleted from a register kept under this section; and the name of a person entered in such a register as a pupil at a school—

(a)shall, when any of the prescribed grounds is applicable, be deleted from the register on that ground; and

(b)shall not be deleted from the register otherwise than on any such ground.

(4)The regulations may make provision—

(a)for enabling registers kept under this section to be inspected;

(b)for enabling extracts from such registers to be taken for the purposes of this Act by persons authorised to do so under the regulations; and

(c)for requiring the person by whom any such register is required to be kept to make to—

(i)the Secretary of State, [F527and]

F528(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)local education authorities,

such periodical or other returns as to the contents of the register as may be prescribed.

(5)In this Act—

(6)A person who contravenes or fails to comply with any requirement imposed on him by regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Textual Amendments

F527Word in s. 434(4)(c)(i) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 111(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Withdrawal of pupils from primary school for secondary educationE+W

435 Withdrawal of pupils from a primary school for secondary education.E+W

A local education authority may make arrangements in respect of a primary school maintained by them (other than one that is for the time being organised for the provision of both primary and secondary education) under which any registered pupils who are under the age of 12 but have attained the age of 10 years and six months may be required to be withdrawn from the school for the purpose of receiving secondary education.

SupplementaryE+W

F529436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F529S. 436 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 112, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.I. 1999/2323, art. 2(1), Sch. 1.

Chapter IIE+W School attendance

School attendance ordersE+W

437 School attendance orders.E+W

(1)If it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.

(2)That period shall not be less than 15 days beginning with the day on which the notice is served.

(3)If—

(a)a parent on whom a notice has been served under subsection (1) fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and

(b)in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.

(4)A school attendance order shall (subject to any amendment made by the local education authority) continue in force for so long as the child is of compulsory school age, unless—

(a)it is revoked by the authority, or

(b)a direction is made in respect of it under section 443(2) or 447(5).

(5)Where a maintained F530. . . school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher.

(6)Where a maintained F530. . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local education authority) shall admit the child to the school.

(7)Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(8)In this Chapter—

Textual Amendments

F530Words in s. 437(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 113(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

438 Choice of school: child without statement of special educational needs.E+W

(1)This section applies where a local education authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain a statement under section 324.

(2)Before serving the order, the authority shall serve on the parent a notice in writing—

(a)informing him of their intention to serve the order,

(b)specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and

(c)stating the effect of subsections (3) to (6).

(3)If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

(4)If—

[F532(a)within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and]

(b)the child is offered a place at the school as a result of the application,

that school shall be named in the order.

[F533(5)If—

(a)within the period mentioned in subsection (3), the parent applies to the local education authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local education authority, and

(b)the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,

that school shall be named in the order.]

(6)If, within the period mentioned in subsection (3)—

(a)the parent—

(i)applies for the child to be admitted to a school which is not maintained by a local education authority F534. . ., and in respect of which no application is made under subsection (5), and

(ii)notifies the local education authority by whom the notice was served of the application,

(b)the child is offered a place at the school as a result of the application, and

(c)the school is suitable to his age, ability and aptitude and to any special educational needs he may have,

that school shall be named in the order.

Textual Amendments

F532S. 438(4)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 114(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F533S. 438(5) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 114(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F534Words in s. 438(6)(a)(i) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 114(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

439 Specification of schools in notices under section 438(2).E+W

(1)Subject to subsection (3), a local education authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.

(2)This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number [F535[F536determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)]) as the number] of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.

(3)Subsection (1) does not prevent a local education authority specifying in a notice under section 438(2) any maintained F537. . . school if—

(a)there is no maintained F537. . . school in their area which—

(i)the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and

(ii)is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and

(b)in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.

(4)A local education authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.

[F538(4A)A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.]

(5)Before deciding to specify a particular maintained F537. . . school in a notice under section 438(2) a local education authority shall consult—

(a)the governing body, and

(b)if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(6)Where a local education authority decide to specify a particular maintained F537. . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—

(a)the governing body and head teacher of the school, and

(b)if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(7)A governing body or local education authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the local education authority which served the notice.

(8)Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.

Textual Amendments

F535Words in s. 439(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 115(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, ar. 2(1), Sch. 1

F536Words in s. 439(2) substituted (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216(4), Sch. 4 para. 14 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 10)

F537Words in s. 439(3)(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 115(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

C32S. 439 modified (temp. from 1.9.1998) by S.I. 1998/1948, reg. 3, Sch. para. 8

C33S. 439 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8

s. 439 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8

440 Amendment of order at request of parent: child without statement of special educational needs.E+W

(1)This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local education authority maintain a statement under section 324.

(2)If at any time—

(a)the parent applies for the child to be admitted to a school maintained by a local education authority F539. . .which is different from the school named in the order,

(b)the child is offered a place at the school as a result of the application, and

(c)the parent requests the local education authority by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

(3)If at any time—

[F540(a)the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local education authority and which is different from the school named in the order,

(b)the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and]

(c)the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

(4)If at any time—

(a)the parent applies for the child to be admitted to a school which is not maintained by a local education authority F541. . ., which is different from the school named in the order and in respect of which no application is made under subsection (3),

(b)as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have, and

(c)the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

Textual Amendments

F539Words in S. 440(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F540S. 440(3)(a)(b) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 116(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F541Words in S. 440(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

441 Choice of school: child with statement of special educational needs.E+W

(1)Subsections (2) and (3) apply where a local education authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain a statement under section 324.

(2)Where the statement specifies the name of a school, that school shall be named in the order.

(3)Where the statement does not specify the name of a school—

(a)the authority shall, F542. . ., amend the statement so that it specifies the name of a school, and

(b)that school shall then be named in the order.

[F543(3A)An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).]

(4)Where—

(a)a school attendance order is in force in respect of a child for whom the local education authority maintain a statement under section 324, and

(b)the name of the school specified in the statement is changed,

the local education authority shall amend the order accordingly.

Textual Amendments

F542Words in s. 441(3)(a) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1)(6), Sch. 8 para. 15(2), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F543S. 441(3A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 15(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

442 Revocation of order at request of parent.E+W

(1)This section applies where a school attendance order is in force in respect of a child.

(2)If at any time the parent applies to the local education authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.

(3)If a parent is aggrieved by a refusal of the local education authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.

(4)Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.

(5)Where the child in question is one for whom the authority maintain a statement under section 324—

(a)subsections (2) to (4) do not apply if the name of a school or other institution is specified in the statement, and

(b)in any other case a direction under subsection (4) may require the authority to make such amendments in the statement as the Secretary of State considers necessary or expedient in consequence of his determination.

School attendance: offences and education supervision ordersE+W

443 Offence: failure to comply with school attendance order.E+W

(1)If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

(2)If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

(3)A direction under subsection (2) does not affect the duty of the local education authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

444 Offence: failure to secure regular attendance at school of registered pupil.E+W

(1)If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

[F544(1A)If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.]

(2)Subsections (3) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.

(3)The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school—

(a)with leave,

(b)at any time when he was prevented from attending by reason of sickness or any unavoidable cause, or

(c)on any day exclusively set apart for religious observance by the religious body to which his parent belongs.

(4)The child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a)that the school at which the child is a registered pupil is not within walking distance of the child’s home, and

(b)that no suitable arrangements have been made by the local education authority F545. . . for any of the following—

(i)his transport to and from the school,

(ii)boarding accommodation for him at or near the school, or

(iii)enabling him to become a registered pupil at a school nearer to his home.

(5)In subsection (4) “walking distance”—

(a)in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and

(b)in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),

in each case measured by the nearest available route.

(6)If it is proved that the child has no fixed abode, subsection (4) shall not apply, but the parent shall be acquitted if he proves—

(a)that he is engaged in a trade or business of such a nature as to require him to travel from place to place,

(b)that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and

(c)if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.

(7)In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term at a time when he was not prevented from being present by reason of sickness or any unavoidable cause.

(8)A person guilty of an offence under [F546subsection (1)] is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F547(8A)A person guilty of an offence under subsection (1A) is liable on summary conviction—

(a)to a fine not exceeding level 4 on the standard scale, or

(b)to imprisonment for a term not exceeding three months,

or both.

(8B)If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.]

(9)In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

Textual Amendments

F544S. 444(1A) inserted (1.3.2001) by 2000 c. 43, s. 72(1)(a)(2); S.I. 2001/562, art. 2

F545Words in S. 444(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 117, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F546Words in s. 444(8) substituted (1.3.2001) by 2000 c. 43, s. 72(1)(b)(2); S.I. 2001/562, art. 2

F547S. 444(8A)(8B) inserted (1.3.2001) by 2000 c. 43, s. 72(1)(c)(2); S.I. 2001/562, art. 2

[F548444APenalty notice in respect of failure to secure regular attendance at school of registered pupilE+W

(1)Where an authorised officer has reason to believe—

(a)that a person has committed an offence under section 444(1), and

(b)that the school to which the offence relates is a relevant school in England,

he may give the person a penalty notice in respect of the offence.

(2)A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.

(3)Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.

(4)Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

(5)Penalties under this section shall be payable to local education authorities in England.

(6)Sums received by a local education authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations.

Textual Amendments

F548Ss. 444A, 444B inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(1), 93; S.I. 2003/3300, art. 3(a)(ii)

Modifications etc. (not altering text)

C35S. 444A: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)

444BPenalty notices: supplementalE+W

(1)Regulations may make—

(a)provision as to the form and content of penalty notices,

(b)provision as to the monetary amount of any penalty and the time by which it is to be paid,

(c)provision for determining the local education authority to which a penalty is payable,

(d)provision as to the methods by which penalties may be paid,

(e)provision as to the records which are to be kept in relation to penalty notices,

(f)provision as to the persons who may be authorised by a local education authority or a head teacher to give penalty notices,

(g)provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,

(h)provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i)repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii)prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),

(i)provision for a certificate—

(i)purporting to be signed by or on behalf of a prescribed person, and

(ii)stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(j)provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,

(k)provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,

(l)such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2)Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3)Local education authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

(4)In this section and section 444A—

Textual Amendments

F548Ss. 444A, 444B inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(1), 93; S.I. 2003/3300, art. 3(a)(ii)

Modifications etc. (not altering text)

C36S. 444B: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)

445 Presumption of age.E+W

(1)This section applies for the purposes of any proceedings for an offence under section 443 or 444.

(2)In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.

(3)Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.

446 Institution of proceedings.E+W

Proceedings for an offence under section 443 or 444 shall not be instituted except by a local education authority.

447 Education supervision orders.E+W

(1)Before instituting proceedings for an offence under section 443 or 444, a local education authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

(2)The court—

(a)by which a person is convicted of an offence under section 443, or

(b)before which a person is charged with an offence under section 444,

may direct the local education authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority, having consulted the appropriate local authority, decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

(3)Where, following such a direction, a local education authority decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

(4)Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

(5)Where—

(a)a local education authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

(b)the court decides that section 36(3) of the M9Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

(6)In this section—

Marginal Citations

ExemptionE+W

F549448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F550Chapter IIIE+W Charges in connection with education at maintained schools]

Textual Amendments

F550Crossheading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

[F551 Preliminary]E+W

Textual Amendments

F551S. 449 and cross-heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F552449 Meaning of “maintained school” in Chapter III.E+W

In this Chapter “maintained school” means any school maintained by a local education authority.]

Textual Amendments

Prohibition of chargesE+W

450 Prohibition of charges for admission.E+W

(1)No charge shall be made in respect of admission to a maintained school.

(2)Subsection (1) does not apply to the admission of any person to any maintained school for the purpose of—

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

(b)full-time education suitable to the requirements of persons who have attained the age of 19; or

(c)teacher training.

451 Prohibition of charges for provision of education.E+W

(1)F553. . ., this section applies in relation to education provided at any maintained school for a registered pupil at the school.

(2)Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

(3)Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

(a)required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b)provided in pursuance of a duty imposed by [F554section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales)] or section 69 of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).

(4)Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

(a)required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b)provided in pursuance of a duty imposed by [F555section 88 or 109 of the Education Act 2002] or [F556section 69 of the School Standards and Framework Act 1998].

F557(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F554Words in s. 451(3)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F555Words in s. 451(4)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F556Words in s. 451(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 120(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

452 Application of section 451 where education is provided partly during and partly outside school hours etc.E+W

(1)Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours, then—

(a)if 50 per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

(b)in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

(2)In subsection (1) “connected school travelling time” means time spent during school hours by the pupils taking part in the educational activity concerned in getting to or from the place where the activity takes place.

(3)Where any education provided at a maintained school is provided on a residential trip, then—

(a)if the number of school sessions taken up by the trip is equal to or greater than 50 per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

(b)in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

(4)In this section “half day” means any period of 12 hours ending with noon or midnight on any day.

(5)For the purposes of subsection (3)—

(a)where 50 per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated as spent on the trip, and

(b)a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip if the time spent on the trip occupies 50 per cent. or more of the time allowed for that session at the school.

(6)Nothing in section 451 shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at a maintained school on a residential trip.

453 Examinations: prohibition of charges and recovery of wasted fees.E+W

(1)No charge shall be made in respect of the entry of a registered pupil at a maintained school for a prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school.

(2)Despite subsection (1), where—

(a)the governing body of a maintained school or the local education authority have paid or are liable to pay a fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination, and

(b)the pupil fails without good reason to meet any examination requirement for that syllabus,

that body or authority may recover the amount of the fee from the pupil’s parent.

(3)It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.

454 Prohibition of incidental charges.E+W

(1)Neither the parent of a registered pupil at a maintained school nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

(a)education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

(b)a syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school.

(2)Nothing in subsection (1) shall prevent the parent of a pupil from being required to pay for or supply any materials for use for the purposes of the production, in the course of the provision of education for the pupil at the school, of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

(3)No charge shall be made in respect of transport provided for a registered pupil at a maintained school where the transport is either—

(a)incidental to education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

(b)provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school.

(4)For the purposes of subsection (3)(a) transport is incidental to education provided for registered pupils at a school if it is provided for the purpose of carrying such pupils—

(a)to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises, or

(b)to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local education authority, from or to the school premises or any other such place.

Permitted chargesE+W

455 Permitted charges.E+W

(1)Subject to subsection (2), a charge may be made in respect of—

(a)education provided for a registered pupil at a maintained school other than education in respect of which, by virtue of section 451, no charge may be made,

(b)the entry of a registered pupil at a maintained school for a public examination in any syllabus for that examination otherwise than in circumstances in which, by virtue of section 453(1), no charge may be made,

(c)transport provided for a registered pupil at a maintained school other than transport in respect of which, by virtue of section 454(3) or 509(2), no charge may be made, and

(d)board and lodging provided for a registered pupil at a maintained school on a residential trip.

(2)A charge may not be made—

(a)by virtue of subsection (1)(a) in respect of the provision for a pupil of education,

(b)by virtue of subsection (1)(b) in respect of the entry of a pupil for an examination in any syllabus for that examination, or

(c)by virtue of subsection (1)(c) in respect of the provision for a pupil of transport,

unless the education is provided, the pupil is entered for the examination in that syllabus, or the transport is provided, by agreement with the pupil’s parent.

(3)Any education, examination entry or transport in respect of which a charge may be made by virtue of subsection (1) is referred to in this Chapter as an “optional extra”.

456 Regulation of permitted charges.E+W

(1)This section applies in relation to any charge permitted under section 455 F558. . .; and a charge to which this section applies is referred to in this section as a “regulated charge”.

(2)The amount of any regulated charge shall be payable by the parent of the pupil concerned.

(3)A regulated charge shall not exceed the cost of the provision of the optional extra or the board and lodging in question.

(4)Without prejudice to the generality of subsection (3), the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

(a)incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra, or

(b)attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra, or

(c)attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

(5)Subject to subsection (6), the cost of the provision of an optional extra shall not be taken to include any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (4)(c).

(6)Where the optional extra in question consists of tuition in playing a musical instrument, the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

(7)Where charging is permitted under section 455 and the charge would be a regulated charge, the question whether any charge should be made, and the amount of any charge to be made, shall be determined—

(a)in a case where the cost of the provision of the optional extra or board and lodging in question is met by or from funds at the disposal of the governing body, by the governing body, and

(b)in any other case, by the local education authority.

(8)The whole or any part of the amount of any charge which the local education authority determine under subsection (7)(b) to make—

(a)shall, if the governing body so determine, be met by or from funds at the disposal of the governing body, and

(b)to the extent that it is so met, shall not be payable by the parent of the pupil concerned.

Textual Amendments

F558Words in s. 456(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 121, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

457 Charges and remissions policies.E+W

(1)Every governing body of a maintained school and every local education authority shall determine and keep under review a policy with respect to—

(a)the provision of, and

(b)the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

F559 . . .

(2)No such body or authority shall make such a charge unless they have both—

(a)determined a policy under subsection (1)(b) (their “charging policy”), and

(b)determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

(3)A remissions policy determined by the governing body of a school F560. . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local education authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

(4)A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

(a)the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

[F561(b)the pupil’s parent is—

(i)in receipt of income support,

(ii)in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

(iii)in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.]

(5)A remissions policy shall be kept under review by the governing body or local education authority by whom it was determined.

Textual Amendments

F561S. 457(4)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 200, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5

458 Charges for board and lodging at boarding schools.E+W

(1)Subject to subsections (2) to (5), where a registered pupil at a maintained school is provided at the school with board and lodging, there shall be payable in respect of the board and lodging by the parent of the [F562pupil concerned, to the local education authority, charges] not exceeding the cost to the authority F563. . . of providing the board and lodging.

(2)Where—

F564(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the local education authority [F565for that pupil’s area] are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school.

F566(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the local education authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

(a)in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (5) to be so remitted, and

(b)in the case of charges payable to another local education authority F567. . . in respect of board and lodging, shall pay so much of those charges as falls in accordance with subsection (5) to be so paid.

(5)The amount that falls to be remitted or paid by a local education authority by virtue of subsection (4)(a) or (b) is—

(a)such part of the charges in question as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in subsection (4), or

(b)the whole of those charges if, in their opinion, such hardship cannot otherwise be avoided.

Textual Amendments

F562Words in s. 458(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F565Words in s. 458(2)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(b)(ii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F567Words in s. 458(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

SupplementaryE+W

459 Provision of information.E+W

Regulations may require, in relation to every maintained school, the local education authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a)such information relevant for the purposes of this Chapter as to the school hours at the school, and

(b)such information as to the policies determined under section 457 which apply in relation to the school,

as may be prescribed.

460 Contributions and charges unaffected by Chapter III.E+W

(1)Nothing in this Chapter shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of a maintained school or a local education authority for voluntary contributions for the benefit of the school or any school activities.

(2)Any request or invitation made by or on behalf of such a body or authority for contributions for the benefit of a school or school activities shall not be regarded for the purposes of subsection (1) as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

(a)that there is no obligation to make any contribution, and

(b)that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

(3)Nothing in this Chapter relating to charges in respect of a registered pupil at a maintained school shall be read as relating to—

(a)charges made by persons other than the governing body or the local education authority, or

(b)charges to be paid by persons other than the parent of the pupil or the pupil himself.

461 Recovery of sums as civil debt.E+W

Any sum payable under section 453(2), 455 or 458 by the parent of a registered pupil at a maintained school shall be recoverable summarily as a civil debt.

462 Interpretation of Chapter III.E+W

(1)In this Chapter—

(2)In this Chapter “residential trip” means any trip—

(a)which is arranged for registered pupils at a maintained school by or on behalf of the governing body or the local education authority, and

(b)which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

(3)For the purposes of this Chapter, a pupil shall be regarded as having been prepared at a school for a syllabus for a prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

(4)In this Chapter references to a public examination (or a prescribed public examination) are references to such an examination as it applies in relation to persons who are entered for a syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment takes place.

(5)For the purposes of subsection (4)—

(a)“an assessment” means an assessment for the purposes of determining the achievements of persons entered for the examination in question; and

(b)such an assessment is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus—

(i)whether he has passed or failed, and

(ii)if grades are assigned for the purposes of the examination, the grade to be assigned in his case.

Part VIIE+W Independent Schools

Chapter IE+W Preliminary

[F568463 Alteration to definition of “independent school”E+W

(1)In this Act “independent school” means any school at which full-time education is provided for—

(a)five or more pupils of compulsory school age, or

(b)at least one pupil of that age for whom a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989),

and which is not a school maintained by a local education authority or a special school not so maintained.

(2)For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.]

Textual Amendments

F568S. 463 substituted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 172, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

Modifications etc. (not altering text)

Chapter IIE+W Registration of independent schools

RegistrationE+W

F569464 Separate registration for England and for Wales.E+W

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

Textual Amendments

F569465 Provisional and final registration of a school.E+W

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

Textual Amendments

F569466 Enforcement of registration: offences.E+W

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

Textual Amendments

F569467 Provision of information about registered and provisionally registered schools.E+W

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

Textual Amendments

F569468 School may be struck off for contravention of regulations about employment of teachers.E+W

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

Textual Amendments

Complaints about registered and provisionally registered schoolsE+W

F569469 Notice of complaint by Secretary of State.E+W

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

Textual Amendments

F569470 Determination of complaint by an Independent Schools Tribunal.E+W

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

Textual Amendments

F569471 Determination of complaint by Secretary of State.E+W

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

Textual Amendments

F569472 Effect of personal disqualification.E+W

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

Textual Amendments

F569473 Enforcement of disqualification.E+W

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

Textual Amendments

F569473A Removal of disqualification: persons no longer unsuitable to work with children.E+W

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

Textual Amendments

F569473B Conditions for application under section 473A.E+W

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

Textual Amendments

F569474Removal of disqualification: other cases.E+W

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

Textual Amendments

F569475 Duty of Registrar to comply with order for the deletion of a school from the register.E+W

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

Textual Amendments

Independent Schools TribunalsE+W

F569476 Constitution and proceedings of Independent Schools Tribunals.E+W

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

Textual Amendments

SupplementaryE+W

F569477 Disqualification in Scotland.E+W

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

Textual Amendments

F569478 Offences: institution of proceedings and punishment.E+W

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

Textual Amendments

Chapter IIIE+W Assisted places at independent schools

F570479. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F571480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F572481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter IVE+W City colleges

[F573482 AcademiesE+W

(1)The Secretary of State may enter into an agreement with any person under which—

(a)that person undertakes to establish and maintain, and to carry on or provide for the carrying on of, an independent school in England with the characteristics mentioned in subsection (2) and such other characteristics as are specified in the agreement, and

(b)the Secretary of State agrees to make payments to that person in consideration of those undertakings.

(2)The characteristics mentioned above are that the school—

(a)has a curriculum satisfying the requirements of section 78 of the Education Act 2002, but with an emphasis on a particular subject area, or particular subject areas, specified in the agreement, and

(b)provides education for pupils of different abilities who are wholly or mainly drawn from the area in which the school is situated.

(3)Before entering into an agreement under this section, the Secretary of State must consult the following about the establishment of the school—

(a)the local education authority in whose area the school is to be situated; and

(b)if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.

(4)An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—

(a)conditions and requirements imposed for the purpose of securing that no charge is made in respect of admission to (or attendance at) the school or, subject to such exceptions as may be specified in the agreement, in respect of education provided at the school, and

(b)such other conditions and requirements in relation to the school as are specified in the agreement.

(5)A school to which an agreement under this section relates shall be known as an Academy.

(6)Schedule 35A (which makes provision about land in relation to Academies) has effect.]

Textual Amendments

Modifications etc. (not altering text)

C39S. 482(3) excluded (prosp.) by Education Act 2002 (c. 32), ss. 70, 216(2), Sch. 8 para. 9(1) (with ss. 210(8), 214(4))

483 City colleges: financial provisions.E+W

(1)Payments under an agreement under section 482 may be in respect of capital or current expenditure.

(2)In so far as such payments relate to current expenditure, the agreement shall provide for their continuance (subject to the fulfilment of the conditions and requirements falling within section 482(4))—

(a)for a period of not less than seven years, or

(b)for an indefinite period terminable by the Secretary of State by not less than seven years’ written notice.

(3)Where such payments relate to capital expenditure, the agreement [F574may] provide for the repayment to the Secretary of State, in the event of the school at any time discontinuing or ceasing to have the characteristics specified in the agreement and in section 482(2), of sums determined by reference to—

(a)the value at that time of the school premises and other assets held for the purposes of the school, and

(b)the extent to which expenditure incurred in providing those assets was met by payments under the agreement.

F575[F576(3A)[F577If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order.]]

(4)Without prejudice to subsection (1), an agreement under section 482 may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—

(a)incurred by that person in carrying out the undertakings mentioned in section 482(1), or

(b)incurred by that person (otherwise than by virtue of subsection (3)) in consequence of the termination of the agreement.

Textual Amendments

F577S. 483(3A) repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

Modifications etc. (not altering text)

C40S. 483(3) modified (E.) (12.11.2001) by S.I. 2001/3445, art. 2

[F578483A City colleges and academies: special educational needs.E+W

(1)This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

(2)A child falls within this subsection if—

(a)he is a child for whom a statement is maintained under section 324, and

(b)he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or [F579an Academy] .

(3)The condition in this subsection is satisfied if—

(a)the school is approved by the Secretary of State under section 347(1), or

(b)the Secretary of State consents to the child being educated at the school.

(4)The Secretary of State may by regulations make provision for securing that arrangements are made—

(a)for making the special educational provision specified in the statement;

(b)for making any non-educational provision specified in the statement.

(5)Regulations under subsection (4) may require or authorise a local education authority—

(a)to make payments to the school in respect of the child, or

(b)to provide any other assistance to the school in respect of the child.

(6)No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).

(7)[F580This section does not apply to schools in Wales.]]

Textual Amendments

F578S. 483A inserted (1.10.2000) by 2000 c. 21, s. 133 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

F579Words in s. 483A(2)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216; Sch. 7 Pt. 2 para. 6(4)(a); (with savings in ss. 210(8), 214(4)) S.I. 2002/2002, art. 2

F580S. 483A(7) ceased to have effect (26.7.2002) and repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 65(3), 215, 216(4), Sch. 7 para. 6(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2; S.I. 2002/2439, art. 3

Part VIIIE+W+S Grants and other financial matters

GrantsE+W

484[F581Education standards grants.]E+W

(1)The [F582National Assembly for Wales] may pay grants, known as [F583education standards grants,] to local education authorities [F584in Wales] in respect of eligible expenditure incurred or to be incurred by them.

(2)In this section “eligible expenditure” means expenditure of any class or description for the time being specified in regulations, being expenditure for or in connection with educational purposes which it appears to the [F582National Assembly for Wales] that local education authorities should be encouraged to incur in the interests of education in F585... Wales.

(3)The regulations shall provide that [F586any education standards grant] payable in pursuance of the regulations—

(a)shall only be payable in respect of eligible expenditure incurred or to be incurred by a local education authority in a financial year to the extent to which that expenditure is approved for that year by the [F582National Assembly for Wales] for the purposes of the regulations, and

(b)shall be payable at such rate as may be specified in the regulations.

(4)The regulations may provide for the time and manner of payment of [F586any education standards grant].

(5)The regulations may provide for expenditure incurred or to be incurred by any local education authority in making payments, whether by way of maintenance, assistance or otherwise, to any body or persons who incur expenditure for or in connection with educational purposes (including another local education authority) to be treated, in such circumstances as may be specified in the regulations, as eligible expenditure.

F587(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Nothing in section 29(1) or 507 applies in relation to any function of the [F582National Assembly for Wales] under this section or under section 489 so far as it relates to regulations under this section; and nothing in sections 495 to 497 applies in relation to any function arising by virtue of section 489 so far as it relates to such regulations.

Textual Amendments

F581S. 484 sidenote substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(c) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

F582Words in s. 484 substituted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

F583Words in s. 484(1) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

F584Words in s. 484(1) inserted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

F585Words in s. 484(2) repealed (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

F586Words in s. 484(3)(4) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(b) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

Modifications etc. (not altering text)

C41S. 484 extended (E.) (1.9.2001) by S.I. 2001/2897, reg. 23

C42S. 484: power to extend conferred (1.10.1998) by 1998 c. 30, s. 19(8) (with s. 42(8)); S.I. 1998/2215, art. 2

C43S. 484 amended (1.10.1998) by 1998 c. 31, s. 7(10) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C44S. 484 restricted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 18(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

485 Grants in aid of educational services or research.E+W

Regulations shall make provision for the payment by the Secretary of State to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred by them—

(a)for the purposes of, or in connection with, the provision (or proposed provision) of educational services, or

(b)for the purposes of educational research.

F588486 Grants to bodies whose objects are promotion of learning or research.E+W

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

Textual Amendments

F588Ss. 486-488 repealed (1.4.2003 for E. for specified purposes, 6.11.2006 for E. so far as not already in force, 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(g), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F588487 Grants for education in Welsh.E+W

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

Textual Amendments

F588Ss. 486-488 repealed (1.4.2003 for E. for specified purposes, 6.11.2006 for E. so far as not already in force, 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(g), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F588488 Grants for education of travellers and displaced persons.E+W

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

Textual Amendments

F588Ss. 486-488 repealed (1.4.2003 for E. for specified purposes, 6.11.2006 for E. so far as not already in force, 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(g), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

489 Conditions as to payment of grants under sections 484 to 488.E+W

(1)Regulations made under any of sections 484 to 488 may provide—

(a)for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and

(b)for requiring persons to whom payments have been made under the regulations to comply with such requirements as may be so determined.

(2)Conditions and requirements determined under subsection (1)(a) and (b) by or in accordance with regulations made under section 484 may include conditions and requirements obliging the local education authority in question to delegate decisions about the spending of—

(a)[F589education standards grant,] and

(b)amounts allocated by the authority to meet eligible expenditure (within the meaning of that section) which is approved by the Secretary of State,

to such persons as may be determined by or in accordance with the regulations.

(3)The Secretary of State may by order make such modifications of any trust deed or other instrument relating to or regulating any institution that—

(a)provides or is concerned in the provision of educational services, or

(b)is concerned in educational research,

as, after consultation with the persons responsible for the management of the institution, appear to him to be requisite to enable them to fulfil any condition or meet any requirement imposed by regulations under section 485.

(4)Any modification made by an order under subsection (3) may be made to have permanent effect or to have effect for such period as may be specified in the order.

Textual Amendments

F589Words in s. 489(2)(a) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.126 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1.

F590490 Grants in respect of special provision for ethnic minorities.E+W

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

Textual Amendments

Payment of fees etc.E+W

F591491 Payment of school fees and expenses.E+W

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

Textual Amendments

RecoupmentE+W+S

F592492 Recoupment: adjustment between local education authorities.E+W

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

Textual Amendments

Modifications etc. (not altering text)

C45S. 492 savings for effects of 2002 c. 32, s. 215, Sch. 22 Pt. 3 (W.) (19.11.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003 (S.I. 2003/2959), regs. 1(1), 9

493 Recoupment: cross-border provisions.E+W+S

(1)Regulations may make provision requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

(a)the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a person having such connection with the area of the paying authority as may be so specified, and

(b)one of the authorities is a local education authority and the other an education authority in Scotland.

[F593(2)Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local education authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

(2A)The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.]

(3)Any question concerning the connection of any person with the area of a particular local education authority or education authority shall be decided in accordance with the regulations.

(4)In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Textual Amendments

F593S. 493(2)(2A) substituted for s. 493(2) (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 208(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

Modifications etc. (not altering text)

C46Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

[F594494 Recoupment: excluded pupils.E+W

(1)Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and, in the financial year in which the exclusion first takes effect, he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.

(2)The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that financial year, such amount, if any, as is payable in accordance with regulations.

(3)Where a pupil is permanently excluded from any school maintained by a local education authority and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—

(a)he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and

(b)at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,

then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.

(4)Any dispute as to whether any local education authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.

(5)Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.]

Textual Amendments

Modifications etc. (not altering text)

C47S. 494: transfer of functions (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 208(2)(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

C48Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

C49S. 494 modified (20.11.1998) by S.I. 1998/2670, art.8.

Part IXE+W Ancillary functions

Chapter IE+W Ancillary functions of Secretary of State

General functionsE+W

495 Determination of disputes.E+W

(1)Except where this Act expressly provides otherwise, any dispute between a local education authority and the governing body of a school as to the exercise of any power conferred or the performance of any duty imposed by or under this Act may be referred to the Secretary of State (despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the governing body).

(2)The Secretary of State shall determine any dispute referred to him under subsection (1).

(3)Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil shall be determined by the Secretary of State.

Modifications etc. (not altering text)

C50S. 495 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C52S. 495(1) extended (1.11.1996) by 1988 c. 40, s. 219(2) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.77 (with ss. 1(4), 561, 562, Sch. 39))

496 Power to prevent unreasonable exercise of functions.E+W

(1)If the Secretary of State is satisfied (either on a complaint by any person or otherwise) that a body to which this section applies have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient (and may do so despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the body).

(2)The bodies to which this section applies are—

(a)any local education authority, [F595and]

[F596(b)the governing body of any community, foundation or voluntary school or any community or foundation special school.]

Textual Amendments

F595Word in s. 496(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 129(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F596S. 496(2)(b) substituted (1.9.1999) for s. 496(2)(b)(c) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 129(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C53S. 496 modified (1.11.1996) by 1988 c. 40, s. 219(3) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 77 (with ss. 1(4), 561, 562, Sch. 39))

S. 496 modified (1.9.1998) by 1997 c. 44, s. 43(4); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 496 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 496 modified (1.4.2001 (E.), 1.4.2002 (W.)) by 2000 c. 21, s. 113(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2(1), Sch. Pt. I

C54S. 496 extended (1.11.1996) by 1992 c. 13, s. 56(3) (as added (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 112 (with ss. 1(4), 561, 562, Sch. 39))

S. 496 extended (1.11.1996) by 1992 c. 13, s. 57(6)(a) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 113 (with ss. 1(4), 561, 562, Sch. 39))

S. 496 extended (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

C55S. 496: power to apply conferred (1.10.1998) by 1998 c. 31, s. 105(7) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C57S. 496 continued (W.) (22.3.2001) by S.I. 2001/1274, art. 3(4)(a)

C58S. 496 modified by 2000 c. 21, s. 113A(10) (as inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1)

497 General default powers.E+W

(1)If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—

(a)declaring the body to be in default in respect of that duty, and

(b)giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.

(2)The bodies to which this section applies are—

(a)any local education authority, [F597and]

[F598(b)the governing body of any community, foundation or voluntary school or any community or foundation special school.]

(3)Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

Textual Amendments

F597Word in s. 497(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 130(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F598S. 497(2)(b)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 130(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C59S. 497 modified (1.11.1996) by 1988 c. 40, s. 219(3) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 77 (with ss. 1(4), 561, 562, Sch. 39))

S. 497 modified (1.9.1998) by 1997 c. 44, s. 43(4); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 497 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

C60S. 497: power to apply conferred (1.10.1998) by 1998 c. 31, s. 105(7) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C62S. 497 extended (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

C63S. 497 modified by 2000 c. 21, s. 113A(10) (as inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1)

[F599497A Power to secure proper performance of LEA’s functions.E+W

[F600(1)This section applies to a local education authority’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a local education authority.]

(2)If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local education authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection ([F601(4), (4A) or (4B)]).

[F602(2A)The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

(a)he has given a previous direction under subsection (4), (4A) or (4B) in relation to a local education authority in respect of any function towhich this section applies, and

(b)he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).]

(3)F603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F604(4)The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.]

[F605(4A)The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

(4B)The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.]

[F606(5)Where the Secretary of State considers it expedient that—

(a)in the case of directions given under subsection (4), the person specified in the directions, or

(b)in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.]

(6)Any direction under this section may either—

(a)have effect for an indefinite period until revoked by the Secretary of State, or

[F607(b)have effect for a period specified in the direction unless revoked earlier by the Secretary of State.]

(7)Any direction given under subsection [F608(4), (4A) or (4B)] shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.]

Textual Amendments

F599S. 497A inserted (1.10.1998) by 1998 c. 31, s. 8 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1 Pt. I.

F600S. 497A(1) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F601Words in s. 497A(2) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F602S. 497A(2A) inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F603S. 497A(3) repealed (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(5), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F604S. 497A(4) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(6), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F605S. 497A(4A)(4B) inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F606S. 497A(5) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(8), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F607S. 497A(6)(b) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(9), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F608Words in s. 497A(7) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(10), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Modifications etc. (not altering text)

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C64S. 497A applied (with modifications) (1.3.2005 for E.) by Children Act 2004 (c. 31), s. 50(1)-(3), (5)(6), 67(7)(e); S.I. 2005/394, art. 2(1)(f)

C65S. 497A modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9),144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F609497AA Power to secure proper performance: duty of authority where directions contemplatedE+W

Where, in relation to any function to which section 497A applies, the Secretary of State—

(a)is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and

(b)has notified the local education authority that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,

the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.]

Textual Amendments

F609S. 497AA inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 61, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Modifications etc. (not altering text)

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C66S. 497AA applied (with modifications) (1.3.2005 for E.; 1.10.2006 for W.) by Children Act 2004 (c. 31), s. 50(4)(5), 67(7)(e); S.I. 2005/394, art. 2(1)(f); S.I. 2006/885, art. 4(e)

[F610497B Power to secure proper performance: further provisions.E+W

(1)Where the Secretary of State gives directions under [F611section 497A(4) or (4A) to a local education authority or to an officer of such an authority, the specified person] shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section.

[F612(1A)In this section “the specified person” means—

(a)in relation to directions under section 497A(4), the person specified in the directions, and

(b)in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.]

(2)The specified person shall have at all reasonable times—

(a)a right of entry to the premises of the authority, and

(b)a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions.

(3)In exercising the right to inspect records or other documents under subsection (2), the specified person—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used, or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).

(4)Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give.

(5)Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—

(a)the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and

(b)the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.

(6)Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions.

(7)In this section “document” and “records” each include information recorded in any form.]

Textual Amendments

F610S. 497B inserted (1.10.1998) by 1998 c. 31, s. 8 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

F611Words in s. 497B(1) substituted (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 62(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F612S. 497B(1A) inserted (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 62(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Modifications etc. (not altering text)

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C67S. 497B applied (with modifications) (1.3.2005 for E.; 1.10.2006 for W.) by Children Act 2004 (c. 31), s. 50(4)(5), 67(7)(e); S.I. 2005/394, art. 2(1)(f); S.I. 2006/885, art. 4(e)

C68S. 497B modified (12.1.1999) by S.I. 1998/3217, reg.2(b)

S. 497B modified (1.9.1999) by 1998 c. 31, s. 44(7), 145(3) (with ss. 138(9), 144(6))

C69S. 497B(3) applied (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 64(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

C70S. 497B(3) applied (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 64(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Appointment of governors, etc.E+W

498 Powers where no properly constituted governing body.E+W

(1)Where it appears to the Secretary of State that, by reason of the default of any person, there is no properly constituted governing body of a school to which this section applies, the Secretary of State—

(a)may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted governing body of that school, and

(b)may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.

F613[(2)This section applies to any community, foundation or voluntary school or any community or foundation special school.]

Textual Amendments

F613S. 498(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.131 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

C51Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C71S. 498 extended (1.11.1996) by 1988 c. 40, s. 219(4) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 77 (with ss. 1(4), 561, 562, Sch. 39)).

C72S. 498 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Membership of education committeesE+W

499 Power to direct appointment of members of education committees.E+W

(1)Subsection (2) applies to any local authorities which in accordance with section 102(1) of the M11Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education which are conferred on them in their capacity as local education authorities.

(2)The Secretary of State may by directions to any local authorities to which this subsection applies require—

(a)every such committee, or

(b)any such committee of a description specified in the direction,

to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.

(3)Subsection (4) applies to any two or more local authorities which in accordance with section 102(1) of the M12Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education which are conferred on them in their capacity as local education authorities.

(4)The Secretary of State may by directions to any local authorities to which this subsection applies require—

(a)every such committee, or

(b)any such committee of a description specified in the direction,

to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts or in such area as may be specified in the direction.

(5)The power of the Secretary of State to give directions under subsection (2) or (4) shall be exercisable in relation to any sub-committees which—

(a)are appointed by the authorities concerned or any such committee as is mentioned in that subsection, and

(b)are so appointed wholly or partly for the purpose of discharging the authorities’ functions as mentioned in subsection (1) or (3) or the committee’s functions with respect to education,

as it is exercisable in relation to the committees themselves.

F614[(6)Regulations may require—

(a)any such committee as is mentioned in subsection (1) or (3), and

(b)any sub-committee appointed by any authorities within subsection (1) or (3), or by any committee within paragraph (a) of this subsection, for the purpose mentioned in subsection (5)(b),

to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or sub-committee acts.

(7)Regulations may make provision for—

(a)the number of persons who are to be elected for the purposes of subsection (6) in the case of any local education authority;

(b)the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election;

(c)the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected;

(d)the term of office of persons so elected and their voting rights;

(e)the application to any such committee or sub-committee, with or without any modification, of any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority;

(f)such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.

(8)Regulations may also make provision—

(a)enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools;

(b)for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.

[F615(9)In subsections (6) and (8)—

(a)“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and

(b)“parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).]]

Textual Amendments

F614S. 499(6)-(9) added (1.10.1998) by 1998 c. 31, s.9 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

F615S. 499(9) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 50 (with ss. 210(8), 214(4)); S.I. 2003/2071, art. 2 (with art. 2(2)); S.I. 2005/2910, art. 4, Sch.

Marginal Citations

Rationalisation of school placesE+W

F616500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F616S. 500 repealed (1.4.1999 to the extent that it relates to s. 500(2) and words in s. 502(3)(4) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

F617501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F617S. 501 repealed (1.4.1999 to the extent that it relates to s. 501(1)(a) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

F618502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F618S. 502 repealed (1.4.1999 to the extent that it relates to s. 502(6) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, Art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

F619503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F620504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F621505. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Medical examinationsE+W

506 Power to require medical examination of pupils.E+W

(1)Where—

(a)a question is referred to the Secretary of State under section 442(3) or 495, and

(b)in his opinion the examination of any pupil by a registered medical practitioner appointed by him for the purpose would assist in determining the question,

he may serve a notice on the parent of that pupil requiring the parent to present the pupil for examination by such a practitioner.

(2)Any parent who without reasonable excuse fails to comply with any requirements of a notice served on him under subsection (1) is guilty of an offence.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Local inquiriesE+W

507 Power to direct local inquiries.E+W

(1)The Secretary of State may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act.

(2)Subsections (2) to (5) of section 250 of the M13Local Government Act 1972 (giving evidence at and defraying costs of local inquiries) shall have effect with respect to any such inquiry as they have effect with respect to an inquiry held under that section.

Modifications etc. (not altering text)

C73S. 507 extended (1.11.1996) by 1992 c. 13, s. 57(6)(b) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.113 (with ss. 1(4), 561, 562, Sch. 39)

C74S. 507 applied (28.7.2000 for certain purposes otherwise 1.1.2001 (W.) 1.4.2001 (E.)) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 34 (with s. 150)); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

Marginal Citations

Chapter IIE+W Ancillary functions of local education authorities

Provision of servicesE+W

508 Functions in respect of facilities for recreation and social and physical training.E+W

(1)A local education authority shall secure that the facilities for primary, [F622and secondary education] provided for their area include adequate facilities for recreation and social and physical training.

[F623(1A)A local education authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.]

(2)[F624For the purpose of subsection (1) or (1A)] a local education authority—

(a)may establish, maintain and manage, or assist the establishment, maintenance and management of,—

(i)camps, holiday classes, playing fields, play centres, and

(ii)other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary, secondary or further education;

(b)may organise games, expeditions and other activities for such persons; and

(c)may defray, or contribute towards, the expenses of such games, expeditions and other activities.

(3)When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local education authority shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

Textual Amendments

F622Words in s. 508(1) substituted (1.4.2001) by 2000 c. 21, s. 137(2), (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F624Words in s. 508(2) substituted (1.4.2001) by 2000 c. 21, s. 137(4), (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

509 Provision of transport etc.E+W

(1)A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons [F625not of sixth form age] receiving education—

(a)at schools,

(b)at any institution maintained or assisted by the authority which provides further education or higher education (or both),[F626 or;]

(c)at any institution within the further education sector, F627. . .

F627(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F628(1A)A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons [F625not of sixth form age] receiving education or training at an institution outside both the further education and higher education sectors.

(1B)Arrangements under subsection (1A) may be made in relation to a person only if the Learning and Skills Council for England or the National Council for Education and Training for Wales has secured for him—

(a)the provision of education or training at the institution, and

(b)the provision of boarding accommodation under section 13 or 41 of the Learning and Skills Act 2000.]

(2)Any transport provided in pursuance of arrangements under subsection (1) [F629or (1A)] shall be provided free of charge.

(3)A local education [F630or training] authority may pay the whole or any part, as they think fit, of the reasonable travelling expenses of any person [F631not of sixth form age] receiving education—

(a)at a school, or

(b)at any such institution as is mentioned in subsection (1) [F632or (1A)],

for whose transport no arrangements are made under [F633either of those subsections].

(4)In considering whether or not they are required by subsection (1) [F634or (1A)] to make arrangements in relation to a particular person, a local education authority shall have regard (amongst other things)—

(a)to the age of the person and the nature of the route, or alternative routes, which he could reasonably be expected to take; and

(b)to any wish of his parent for him to be provided with education [F635or training] at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres.

(5)Arrangements made by a local education authority under subsection (1) [F636or (1A)] shall—

F637(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)make provision for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority; and

[F638(c)make provision for persons receiving full-time education or training at institutions mentioned in subsection (1A) which is no less favourable than the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of section 13 of the Learning and Skills Act 2000) for whom the authority secures the provision of education at any other institution.]

F639(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F640(7)References in this section to persons not of sixth form age shall be construed in accordance with subsection (1) of section 509AC.]

Textual Amendments

F625Words in s. 509(1)(1A) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(a) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

F626Word in s. 509(1)(b) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(2)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F627S. 509(1)(d) and preceding word repealed (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 59(2)(b), Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F628S. 509(1A)(1B) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F629Words in s. 509(2) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(4) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F630Words in s. 509(3) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(5)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F631Words in s. 509(3) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(b) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

F632Words in s. 509(3)(b) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(5)(b) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F633Words in s. 509(3) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(5)(c) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F634Words in s. 509(4) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(6)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F635Words in s. 509(4) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(6)(b) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F636Words in s. 509(5) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(7)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F638S. 509(5)(c) substituted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(c) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

F639S. 509(6) repealed (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

[F641509AA Provision of transport etc. for persons of sixth form ageE+W

(1)A local education authority shall prepare for each academic year a transport policy statement complying with the requirements of this section.

(2)The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training—

(a)at schools,

(b)at any institution maintained or assisted by the authority which provides further education or higher education (or both),

(c)at any institution within the further education sector, or

(d)at any establishment (not falling within paragraph (b) or (c)) which is supported by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(3)The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

(4)The statement shall specify the arrangements proposed to be made by the governing bodies of—

(a)schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

(b)institutions within the further education sector in the authority’s area,

for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.

(5)Those governing bodies shall co-operate in giving the local education authority any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.

(6)The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area.

(7)The authority shall—

(a)publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and

(b)make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).

(8)Nothing in this section prevents a local education authority from making, at any time in an academic year, arrangements—

(a)which are not specified in the transport policy statement published by the authority for that year, but

(b)which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).

(9)The Secretary of State may, if he considers it expedient to do so, direct a local education authority to make for any academic year—

(a)arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or

(b)arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,

which have not been specified in the transport policy statement published by the authority for that academic year.

(10)The Secretary of State may by order amend subsection (7)(a) by substituting a different date for 31st May.]

Textual Amendments

F641S. 509AA inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

[F642509AB Further provision about transport policy statementsE+W

(1)A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties.

(2)A statement prepared under that section shall—

(a)specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the local education authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

(b)specify arrangements for persons with learning difficulties receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties attending such schools.

(3)In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the local education authority shall have regard (amongst other things) to—

(a)the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

(b)the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

(c)the distance from the homes of persons of sixth form age in their area of establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

(d)the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

(4)In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local education authority shall have regard (amongst other things)—

(a)to the nature of the route, or alternative routes, which he could reasonably be expected to take; and

(b)to any wish of his parent for him to be provided with education or training at a school, institution or other establishment in which the religious education provided is that of the religion or denomination to which his parent adheres.

(5)In preparing a statement under section 509AA a local education authority shall have regard to any guidance issued by the Secretary of State under this section.

(6)In preparing a statement under that section a local education authority shall consult—

(a)any other local education authority that they consider it appropriate to consult,

(b)the governing bodies mentioned in subsection (4) of that section,

(c)the Learning and Skills Council for England (in the case of a local education authority in England) or the National Council for Education and Training for Wales (in the case of a local education authority in Wales), and

(d)any other person specified by the Secretary of State for the purposes of this section.

(7)In preparing a statement under that section a local education authority shall also consult—

(a)where they are the local education authority for a district in a metropolitan county, the Passenger Transport Authority for that county, and

(b)where they are the local education authority for a London borough or the City of London, Transport for London.]

Textual Amendments

F642S. 509AB inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

[F643509AC Interpretation of sections 509AA and 509ABE+W

(1)For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but—

(a)is under the age of 19, or

(b)has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.

(2)References in section 509AA to an establishment supported by the Learning and Skills Council for England are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 5(2) of the Learning and Skills Act 2000.

(3)References in section 509AA to an establishment supported by the National Council for Education and Training for Wales are to any establishment at which education or training is provided by a person to whom that Council secures the provision of financial resources in any of the ways mentioned in section 34(2) of the Learning and Skills Act 2000.

(4)References in section 509AB to persons with learning difficulties are to be construed in accordance with section 13(5) and (6) of the Learning and Skills Act 2000.

(5)In sections 509AA and 509AB and this section—

(6)The Secretary of State may by order amend the definition of “academic year” in subsection (5).]

Textual Amendments

F643S. 509AC inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 5 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

[F644509A Travel arrangements for children receiving nursery education otherwise than at school.E+W

(1)A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—

(a)which are not a school or part of a school, but

(b)at which relevant nursery education is provided,

for the purpose of receiving such education there.

(2)The assistance which may be provided for a child under this section consists of either—

(a)making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or

(b)paying the whole or any part of his reasonable travel expenses.

(3)When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).

(4)Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—

(a)the child’s parent, or

(b)the person providing the relevant nursery education concerned,

agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.

[F645(4A)Regulations may require a local education authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.]

(5)In this section “relevant nursery education” means nursery education which is provided—

(a)by a local education authority, or

(b)by any other person—

(i)who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, F646...

F646(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F644S. 509A inserted (1.4.1999) by 1998 c. 31, s. 124 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV

F645S. 509A(4A) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

F646S. 509A(5)(b)(ii) and word repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

510 Provision of clothing.E+W

(1)A local education authority may provide clothing for—

(a)any pupil who is a boarder at an educational institution maintained by the authority [F647or at a grant-maintained school],

(b)any pupil at a nursery school maintained by the authority, and

(c)any pupil in a nursery class at a school maintained by the authority [F647or at a grant-maintained school].

(2)A local education authority may also provide clothing for any pupil—

(a)for whom they are providing board and lodging elsewhere than at an educational institution maintained by them, and

(b)for whom special educational provision is made in pursuance of arrangements made by them.

(3)Where it appears to a local education authority, in a case where neither subsection (1) nor subsection (2) applies, that a pupil at—

(a)a school maintained by them [F648or a grant-maintained school], or

(b)a special school (whether maintained by them or not),

is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, the authority may provide him with such clothing as in their opinion is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

(4)A local education authority may provide—

(a)for pupils at a school maintained by them [F649, at a grant-maintained school] or at an institution maintained by them which provides further education or higher education (or both),

(b)for persons who have not attained the age of 19 and who are receiving education at an institution within the further education sector, and

(c)for persons who make use of facilities for physical training made available for them by the authority under section 508(2),

such articles of clothing as the authority may determine suitable for the physical training provided at that school or institution or under those facilities.

(5)A local education authority may—

(a)with the consent of the proprietor of a school not maintained by the authority, other than a [F650grant-maintained school or] special school, and

(b)on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor,

make arrangements, in the case of any pupil at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, for securing for the pupil the provision of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

(6)Any arrangements made under subsection (5) shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any article under the arrangements does not exceed the expense which would have been incurred by them in the provision of it if the pupil had been a pupil at a school maintained by them.

Textual Amendments

F647Words in s. 510(1)(a)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F648Words in s. 510(3)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F649Words in s. 510(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F650Words in s. 510(5)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

511 Provisions supplementary to section 510.E+W

(1)Provision of clothing under section 510 may be made in such way as to confer either a right of property in the clothing or a right of user only (at the option of the providing authority), except in any circumstances for which the adoption of one or other of those ways of making such provision is prescribed.

(2)Where a local education authority have provided a person with clothing under section 510, then, in such circumstances respectively as may be prescribed—

(a)the authority shall require his parent to pay to them in respect of its provision such sum (if any) as in their opinion he is able to pay without financial hardship, not exceeding the cost to the authority of its provision;

(b)the authority may require his parent to pay to them in respect of its provision such sum as is mentioned in paragraph (a) or any lesser sum; or

(c)his parent shall not be required to pay any sum in respect of its provision.

(3)Any sum which a parent is duly required to pay by virtue of subsection (2)(a) or (b) may be recovered summarily as a civil debt.

(4)Where a person who has attained the age of 18 (other than a registered pupil at a school) is provided with clothing under section 510, any reference in subsection (2) or (3) to his parent shall be read as a reference to him.

F651[F652512 LEA functions concerning provision of meals, etc.E+W

(1)A local education authority may provide—

(a)registered pupils at any school maintained by the authority,

(b)other persons who receive education at such a school, and

(c)children who receive relevant funded nursery education,

with milk, meals and other refreshments.

(2)Where provision is made under subsection (1), it shall be made—

(a)in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and

(b)in a case within paragraph (c) of that subsection, at any place where education is being provided.

(3)A local education authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if—

(a)any prescribed requirements are met,

(b)a request for the provision of school lunches has been made by or on behalf of that person to the authority, and

(c)either—

(i)that person is eligible for free lunches (within the meaning of section 512ZB(2)), or

(ii)in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.

(4)Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by LEAs to meet nutritional standards), any school lunches provided by a local education authority pursuant to subsection (3) may take such form as the authority think fit.

(5)A local education authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

(6)In this section—

and references, in relation to a local education authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.]

Textual Amendments

F651Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F652Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

Modifications etc. (not altering text)

C75S. 512: certain functions transferred (with modifications) (1.4.1999) by S.I. 1999/610, arts. 2, 3

F651[F653512ZA Duty to charge for meals etc.E+W

(1)A local education authority shall charge for anything provided by them under subsection (1) or (3) of section 512.

(2)A local education authority shall charge every person the same price for the same quantity of the same item.

(3)This section is subject to section 512ZB.

Textual Amendments

F651Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F653Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

Modifications etc. (not altering text)

C76S. 512ZA(1)(2) modified (temp. until 31.3.2007) (31.3.2004) by The Kingston-upon-Hull City Council (School Meals) Order 2004 (S.I. 2004/592), arts. 1(1), 2

F651512ZB Provision of free school lunches and milkE+W

(1)Where the local education authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

(2)For this purpose a person is eligible for free lunches if—

(a)he is within subsection (4), and

(b)a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

(3)Where a local education authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—

(a)the person is within subsection (4), and

(b)a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

(4)A person is within this subsection if—

(a)his parent is—

(i)in receipt of income support,

(ii)in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)),

(iii)in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

(iv)in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or

(b)he, himself, is—

(i)in receipt of income support,

(ii)in receipt of an income-based jobseeker’s allowance, or

(iii)in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed.

(5)In this section “prescribed” and “school lunch” have the same meaning as in section 512.]

Textual Amendments

F651Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F653Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

[F654512A Transfer of functions under section 512 to governing bodies.E+W

(1)The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local education authority which are mentioned in subsection (2).

(2)Those duties are—

F655(a)the duty to provide school lunches in accordance with [F656section 512(3) and (4)];

F657(b)the duty to provide school lunches free of charge in accordance with [F658section 512ZB(1)]; and

F659(c)the duty to provide milk free of charge in accordance with [F660section 512ZB(3)].

(3)An order under this section may (subject to subsection (6)) apply to—

(a)all maintained schools; or

(b)any specified class of such schools; or

(c)all such schools, or any specified class of such schools, maintained by specified local education authorities.

(4)Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—

(a)the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local education authority in relation to the school; and

(b)if the duty corresponds to the one mentioned in subsection (2)(b) or (c), section 533(3) shall not apply to any school lunches or milk provided by the governing body in pursuance of the order.

(5)An order under this section may provide for section 513(2) not to apply—

(a)to local education authorities generally, or

(b)to any specified local education authority,

either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.

F661(6)An order under this section shall not operate to—

(a)impose any duty on the governing body of a school, or

(b)relieve a local education authority of any duty in relation to a school,

at any time when the school does not have a delegated budget; and such an order may provide for [F662section 512ZA(2)] above to have effect, in relation to any provision made at any such time by the local education authority for pupils at the school, with such modifications as may be specified.

(7)In this section—

Textual Amendments

F654S. 512A inserted (1.2.1999) by 1998 c. 31, s. 116 (with ss. 138(9), 144(6)); S.I. 1998/3198, art. 2(2), Sch.

F655Words in s. 512A(2)(a) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(i), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F656Words in s. 512A(2)(a) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(i), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F657Words in s. 512A(2)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(ii), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F658Words in s. 512A(2)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(ii), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F659Words in s. 512A(2)(c) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(iii), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F660Words in s. 512A(2)(c) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(iii), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F661Words in s. 512A(6) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F662Words in s. 512A(6) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F663Words in s. 512A(7) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 52 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

513 Provision of meals etc. at schools not maintained by local education authorities.E+W

(1)A local education authority may, with the consent of the proprietor of a school in their area which is not maintained by them, make arrangements for securing the provision of milk, meals and other refreshment for pupils in attendance at the school.

(2)Any arrangements under this section—

(a)shall be on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school; and

(b)shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any service or item under the arrangements shall not exceed the expense which would have been incurred by them in providing it if the pupil had been a pupil at a school maintained by them.

514 Provision of board and lodging otherwise than at school.E+W

(1)Where a local education authority are satisfied with respect to any pupil—

(a)that primary or secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a [F664particular community, foundation or voluntary or community or foundation special school, but]

(b)that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school,

they may provide such board and lodging for him under such arrangements as they think fit.

(2)Where a local education authority are satisfied with respect to a pupil with special educational needs that provision of board and lodging for him is necessary for enabling him to receive the required special educational provision, they may provide such board and lodging for him under such arrangements as they think fit.

(3)In making any arrangements under this section, a local education authority shall, so far as practicable, give effect to the wishes of the pupil’s parent as to the religion or religious denomination of the person with whom the pupil will reside.

(4)Subject to subsection (5), where a local education authority have provided a pupil with board and lodging under arrangements under this section, they shall require the pupil’s parent to pay them such sums, if any, in respect of the board and lodging as in their opinion he is able to pay without financial hardship.

(5)No sum is recoverable under subsection (4) if the arrangements were made by the authority on the ground that in their opinion education suitable to the pupil’s age, ability and aptitude or special educational needs could not otherwise be provided for him.

(6)The sums recoverable under subsection (4) shall not exceed the cost to the authority of providing the board and lodging.

(7)Any sum payable under subsection (4) may be recovered summarily as a civil debt.

Textual Amendments

F664Words in s. 514(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.135 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

515 Provision of teaching services for day nurseries.E+W

(1)Subject to subsection (2), a local education authority may, in accordance with arrangements made by them for that purpose, make available to a day nursery the services of any teacher who—

(a)is employed by them in a nursery school or in a primary school having one or more nursery classes, and

(b)has agreed to provide his services for the purposes of the arrangements.

(2)Arrangements under subsection (1) in respect of a teacher in a [F665foundation or voluntary school] require the concurrence of the governing body of the school.

(3)Arrangements under this section may make provision—

(a)for the supply of equipment for use in connection with the teaching services made available under the arrangements;

(b)for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery; and

(c)for any supplementary or incidental matters connected with the arrangements, including, where the teacher’s school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

(4)In this section “day nursery” means a day nursery provided under section 18 of the M14Children Act 1989 (provision by local authorities of day care for pre-school and other children).

(5)A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

Textual Amendments

F665Words in s. 515(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.136 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Marginal Citations

F666516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Payment of feesE+W

517 Payment of fees at schools not maintained by a local education authority.E+W

(1)Where, in pursuance of arrangements made under section 18 or Part IV (special educational needs), primary or secondary education is provided for a pupil at a school not maintained by them or another local education authority, the local education authority by whom the arrangements are made shall—

(a)if subsection (2), (3) or (4) applies, pay the whole of the fees payable in respect of the education provided in pursuance of the arrangements; and

(b)if board and lodging are provided for the pupil at the school and subsection (5) applies, pay the whole of the fees payable in respect of the board and lodging.

(2)This subsection applies where—

(a)the pupil fills a place in the school which the proprietor of the school has put at the disposal of the authority; and

(b)the school is one in respect of which grants are made by the Secretary of State under section 485.

(3)This subsection applies where the authority are satisfied that, by reason of a shortage of places in every school maintained by them or another local education authority to which the pupil could be sent with reasonable convenience, education suitable—

(a)to his age, ability and aptitude, and

(b)to any special educational needs he may have,

cannot be provided by them for him except at a school not maintained by them or another local education authority.

(4)This subsection applies where (in a case in which neither subsection (2) nor subsection (3) applies) the authority are satisfied—

(a)that the pupil has special educational needs, and

(b)that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local education authority.

(5)This subsection applies where the authority are satisfied that education suitable—

(a)to the pupil’s age, ability and aptitude, and

(b)to any special educational needs he may have,

cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere)

(6)As from such day as the Secretary of State may by order appoint this section shall have effect with the following modifications—

(a)in subsections (1) and (3), for “not maintained by them or another local education authority” substitute “which is neither a maintained nor a grant-maintained school”;

(b)in subsection (3), for “every school maintained by them or another local education authority” substitute “every maintained or grant-maintained school”;

(c)in subsections (3) and (5), for “provided by them” substitute “provided”;

(d)omit subsection (4) and the reference to it in subsection (1); and

(e)at the end add—

“(7)In this section “grant-maintained school” includes a grant-maintained special school, and subsection (5) does not apply where section 348(2) applies.”

(7)An order under subsection (6) may appoint different days for different provisions and for different purposes.

Subordinate Legislation Made

P1S. 517(6) power fully exercised (30.6.1997): 1.9.1997 appointed day by S.I. 1997/1623.

Modifications etc. (not altering text)

C77S. 517 modified (1.9.1999) (the modification as mentioned in s. 517(6) has effect from 1.9.1997 as mentioned in S.I. 1997/1623) by S.I. 1999/2260, reg. 2(1)

[F667518 Payment of school expenses; grant of scholarships, etc.E+W

(1)A local education authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—

(a)pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,

(b)grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.

(2)Regulations may make provision—

(a)for requiring a local education authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and

(b)for authorising an authority to determine not to exercise that power in a financial year—

(i)generally,

(ii)in such cases as may be prescribed, or

(iii)in such cases as may be determined by the authority.]

Textual Amendments

F667S. 518 substituted (1.2.1999) by 1998. c. 31, s. 129 (with ss. 138(9), 144(6)) (subject to savings indicated in S.I. 1999/120, art. 3(2)); S.I. 1999/120, art. 2, Sch. 1

Allowances for governorsE+W

519 Travelling and subsistence allowances for governors of schools and further or higher education institutions.E+W

(1)A local education authority may, in accordance with the provisions of a scheme made by them for the purposes of this section, pay [F668such allowances as may be prescribed to governors of—

(a)any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998);] and

(b)any institution providing higher education or further education (or both) which is maintained by a local education authority.

(2)Such a scheme may make different provision in relation to schools or other institutions of different categories (including provision for allowances not to be paid in respect of certain categories) but shall not make different provision in relation to different categories of governor of the same school or institution.

(3)Subject to subsections (4) and (5), a local education authority may pay [F669such allowances as may be prescribed] to any person appointed to represent them on the governing body of—

(a)any institution providing higher education or further education (or both) which is not maintained by them; or

(b)any independent school or special school which is not maintained by them.

(4)A local education authority shall not pay any allowance under subsection (3) for expenses in respect of which the person incurring them is entitled to reimbursement by any person other than the authority.

(5)A local education authority shall not pay any allowance under subsection (3) if they have not made any scheme under subsection (1) or if the arrangements under which the allowance would otherwise be payable—

(a)provide for allowances which are to any extent more generous than the most generous payable by the authority under any such scheme; or

(b)contain any provision which the authority would not have power to include in any such scheme.

(6)No allowance may be paid to any governor of a school or institution of a kind mentioned in subsection (1), in respect of the discharge of his functions as such a governor, otherwise than under this section.

[F670(7)Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.]

Textual Amendments

F668Words in s. 519(1) substituted (20.11.1998 for the purposes of making schemes and regulations and 1.4.1999 for all other purposes) by 1998 c. 31, s. 140(1), Sch. 30 para. 139(2) (with ss. 138(9), 144(6)); S.I. 1998/2791, art. 2(a)(b).

F669Words in s. 519(3) substituted (20.11.1998 for the purposes of making schemes and regulations and 1.4.1999 for all other purposes) by 1998 c. 31, s. 140(1), Sch. 30 para. 139(3) (with ss. 138(9), 144(6)); S.I. 1998/2791, art. 2(a)(b).

F670S. 519(7) added (20.11.1998 for the purposes of making schemes and regulations and 1.4.1999 for all other purposes) by 1998 c. 31, s. 140(1), Sch. 30 para. 139(4) (with ss. 138(9), 144(6)); S.I. 1998/2791, art. 2(a)(b).

Medical arrangementsE+W

520 Medical inspection and treatment of pupils.E+W

(1)A local education authority shall make arrangements for encouraging and assisting pupils to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of section 5(1) or (1A) of the National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act.

(2)If the parent of a pupil gives notice to the authority that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted to do so.

F671(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cleanliness of pupilsE+W

521 Examination of pupils for cleanliness.E+W

(1)A local education authority may by directions in writing authorise a medical officer of theirs to have the persons and clothing of pupils in attendance at relevant schools examined whenever in his opinion such examinations are necessary in the interests of cleanliness.

(2)Directions under subsection (1) may be given with respect to—

(a)all relevant schools, or

(b)any relevant schools named in the directions.

(3)An examination under this section shall be made by a person authorised by the authority to make such examinations; and, if the examination is of a girl, it shall not be made by a man unless he is a registered medical practitioner.

(4)For the purposes of this section “relevant schools” are—

(a)schools maintained by the authority; F672. . .

F673(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F672Word in s. 521(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 141, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

522 Compulsory cleansing of a pupil.E+W

(1)If, on an examination under section 521, the person or clothing of a pupil is found to be infested with vermin or in a foul condition, any officer of the local education authority may serve a notice on the pupil’s parent requiring him to cause the pupil’s person and clothing to be cleansed.

(2)The notice shall inform the parent that, unless within the period specified in the notice the pupil’s person and clothing are cleansed to the satisfaction of such person as is specified in the notice, the cleansing will be carried out under arrangements made by the authority.

(3)The period so specified shall not be less than 24 hours from the service of the notice.

(4)If, on a report being made to him by the specified person at the end of the specified period, a medical officer of the authority is not satisfied that the pupil’s person and clothing have been properly cleansed, he may by order direct that they shall be cleansed under arrangements made by the authority under section 523.

(5)An order made under subsection (4) shall be sufficient to authorise any officer of the authority—

(a)to cause the pupil’s person and clothing to be cleansed in accordance with arrangements made by the authority under section 523, and

(b)for that purpose to convey the pupil to, and detain him at, any premises provided in accordance with such arrangements.

523 Arrangements for cleansing of pupils.E+W

(1)A local education authority shall make arrangements for securing that the person or clothing of any pupil required to be cleansed under section 522 may be cleansed (whether at the request of a parent or in pursuance of an order under section 522(4)) at suitable premises, by suitable persons and with suitable appliances.

(2)Where the council of a district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined—

(a)by agreement between the authority and the council, or

(b)in default of such agreement, by the Secretary of State.

(3)Subsection (2) does not apply in relation to Wales.

(4)A girl may be cleansed under arrangements under this section only by a registered medical practitioner or by a woman authorised for the purpose by the authority.

524[F674Suspension of a pupil pending examination or cleansing.]E+W

(1)Where—

(a)a medical officer of a local education authority suspects that the person or clothing of a pupil in attendance at a relevant school is infested with vermin or in a foul condition, but

(b)action for the examination or cleansing of the pupil’s person and clothing cannot be taken immediately,

the medical officer may direct that the pupil is to be [F675suspended] from the school until such action has been taken, if he considers it necessary to do so in the interests either of the pupil or of other pupils in attendance at the school.

(2)A direction under subsection (1) is a defence to any proceedings under Chapter II of Part VI in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the giving of the direction was necessitated by the wilful default of the pupil or his parent.

(3)For the purposes of this section a “relevant school” is—

(a)a school maintained by the local education authority, F676. . .

F676(b). . .

Textual Amendments

F675Word in s. 524(1) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 142(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F676S. 524(3)(b) and the word "or" preceding it repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 142(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

525 Offence of neglecting the cleanliness of a pupil.E+W

(1)If, after the person or clothing of a pupil has been cleansed under section 522—

(a)his person or clothing is again infested with vermin, or in a foul condition, at any time while he is in attendance at a relevant school, and

(b)the condition of his person or clothing is due to neglect on the part of his parent,

the parent is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(3)For the purposes of this section a “relevant school” is a school maintained by a local education authority F677. . ..

Textual Amendments

F677Words in s. 525(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.143, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Educational research and conferencesE+W

526 Powers as to educational research.E+W

A local education authority may make such provision for conducting, or assisting the conduct of, research as appears to them to be desirable for the purpose of improving the educational facilities provided for their area.

527 Powers as to educational conferences.E+W

A local education authority may—

(a)organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and

(b)expend such sums as may be reasonable in paying, or contributing towards, any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend such a conference.

[F678Plans relating to children with behavioural difficulties]E+W

Textual Amendments

F678S. 527A and cross-heading inserted (1.4.1998) by 1997 c. 44, s.9 (with s. 57(3)); S.I. 1998/386, art. 2(2), Sch. 1 Pt. II

F679[F680527A] Duty of LEA to prepare plan relating to children with behavioural difficulties.E+W

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

Textual Amendments

F679S. 527A repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)

F680S. 527A inserted (1.4.1998) by 1997 c. 44, s. 9 (with s. 57(3)); S.I. 1998/386, art. 2(2), Sch. 1 Pt. II.

Disability statements relating to further educationE+W

F681528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F681S. 528 repealed (1.9.2002) by 2001 c.10, ss. 34(3), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Acquisition and holding of propertyE+W

529 Power to accept gifts on trust for educational purposes.E+W

(1)A local education authority may accept, hold and administer any property on trust for purposes connected with education.

(2)Any intention on the part of a local education authority that a school (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of [F682section 28 of the School Standards and Framework Act 1998 as an intention to establish a new community school (so that proposals for that purpose shall be published as required by that section); and Schedule 6 to that Act (statutory proposals: procedure and implementation) shall apply accordingly.]

(3)Any school which in accordance with subsection (2) is vested in a local education authority as trustees shall be [F683a community school].

Textual Amendments

F682Words in s. 529(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 145(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F683Words in s. 529(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 145(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

530 Compulsory purchase of land.E+W

(1)The Secretary of State may authorise a local education authority to purchase compulsorily any land (whether within or outside their area) which—

(a)is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

(b)is otherwise required for the purposes of their functions under this Act[F684, or

(c)is required for the purposes of any Academy which has been or is to be established as a result of the implementation of proposals made pursuant to a notice published by the local education authority under section 70 of the Education Act 2002, and forms the whole or part of the site identified in that notice in accordance with subsection (3)(a) of that section.]

(2)The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a [F685foundation, voluntary or foundation special school] unless he is satisfied that the arrangements made—

(a)as to the vesting of the land to be purchased, and

(b)as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

F686(3)Subsection (2) shall not, however, apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them [F687under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals)][F688(including that provision as applied by any enactment)].

(4)In this section “land” includes buildings and other structures and land covered with water.

Textual Amendments

F684S. 530(1)(c) and word inserted (1.6.2003) by Education Act 2002 (c. 32), s. 216(2), Sch. 8 para. 9(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2

F685Words in s. 530(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 146(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F686Words in s. 530(3) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 53 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F687Words in s. 530(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 146(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F688Words in s. 530(3) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 53 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

531 Acquisition of land by agreement.E+W

(1)For the removal of doubt, it is declared that making land available for the purposes of a school or institution—

(a)which is, or is to be, maintained by a local education authority, or

(b)which such an authority have power to assist,

is a function of the authority within the meaning of section 120 of the M15Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.

(2)A local education authority shall not acquire by agreement any land required for the purposes of [F689foundation, voluntary or foundation special school] unless they are satisfied that the arrangements made—

(a)as to the vesting of the land to be acquired, and

(b)as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.

Textual Amendments

F689Words in s. 531(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.147 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Marginal Citations

Appointment of chief education officerE+W

532 Appointment of chief education officer.E+W

A local education authority’s duties under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief education officer of the authority.

Chapter IIIE+W Ancillary functions of governing bodies

Provision of servicesE+W

533 Duties of governing bodies of maintained schools with respect to provision of school meals etc.E+W

(1)The governing body of any school maintained by a local education authority shall—

(a)afford the authority such facilities as they require to enable them to perform their functions under section 512, and

(b)allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.

(2)Nothing in subsection (1) shall require the governing body of [F690any such] school to incur any expenditure.

(3)Where the governing body of a school which has a delegated budget (within the meaning of Part II [F691of the School Standards and Framework Act 1998]) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they shall—

(a)charge for everything so provided,[F692 and

F693(b)charge every person the same price for the same quantity of the same item.]

Textual Amendments

F690Words in s. 533(2) substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 148(a) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1.

F691Words in s. 533(3) inserted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 148(b) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1.

F692S. 533(3)(b) and preceding word substituted (31.3.2003 for W., otherwise prosp.) for s. 533(b)(c) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 54 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F694534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

535 Provision of teaching services for day nurseries.E+W

(1)Subject to subsection (2), the governing body of [F695a community, foundation or voluntary primary school] having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

(2)No arrangements shall be made under subsection (1) except at the request of the local education authority and on terms approved by them.

(3)Arrangements under this section may make provision—

(a)for the supply of equipment for use in connection with the teaching services made available under the arrangements,

(b)for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery, and

(c)for any supplementary or incidental matters connected with the arrangements, including, where the teacher’s school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

(4)In this section “day nursery” means a day nursery provided under section 18 of the M16Children Act 1989 (provision by local authorities of day care for pre-school and other children).

(5)A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

Textual Amendments

F695Words in s. 535(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.150 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Marginal Citations

Medical arrangementsE+W

F696536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Chapter IVE+W Provision of information by governing bodies etc.

537 Power of Secretary of State to require information from governing bodies etc.E+W

F697[(1)The Secretary of State may by regulations make provision requiring—

(a)the governing body of every school which is—

(i)maintained by a local education authority, or

(ii)a special school which is not maintained by such an authority, and

(b)the proprietor of every independent school,

to provide such information about the school as may be prescribed.]

(2)For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

(3)Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—

(a)assist parents in choosing schools for their children;

(b)increase public awareness of the quality of the education provided by the schools concerned and of the educational standards achieved in those schools; or

(c)assist in assessing the degree of efficiency with which the financial resources of those schools are managed.

(4)Information which is required by virtue of regulations under this section shall be provided—

(a)in such form and manner,

(b)on such occasions, and

(c)to such person or persons, in addition to or in place of the Secretary of State,

as may be prescribed [F698; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State.].

(5)No information provided in accordance with regulations under this section shall name any pupil to whom it relates.

(6)The Secretary of State may—

(a)publish information provided in accordance with regulations under this section in such form and manner as he considers appropriate;

(b)make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section;

(c)make regulations requiring local education authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

(7)The Secretary of State may make regulations requiring—

(a)the governing body of any school which is maintained by a local education authority F699. . .,

(b)the proprietor of any city technology college [F700, city college for the technology of the arts or [F701Academy]], or

(c)any local education authority,

to provide prescribed persons with prescribed categories of information published under subsection (6).

(8)Information provided under subsection (7) shall be provided in such form and manner as may be prescribed.

F702(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F702(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Without prejudice to the generality of section 569(4), regulations under this section may make provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of schools for the purposes of the application of particular provisions of the regulations in relation to such schools.

(12)This section is not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise to require, the provision of information by any person.

(13)This section does not apply to nursery schools.

Textual Amendments

F698Words in s. 537(4) added (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 37; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

F699Words in s. 537(7)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 152(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F700Words in s. 537(7)(b) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 60 (with s. 150)

F701Words in s. 537(7)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(5) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F702S. 537(9)(10) repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

[F703537A Provision of information about individual pupils.E+W

(1)Regulations may make provision requiring—

(a)the governing body of every school which is—

(i)maintained by a local education authority, or

(ii)a special school which is not maintained by such an authority, and

(b)the proprietor of every independent school,

to provide to the relevant person such individual pupil information as may be prescribed.

(2)In subsection (1) “the relevant person” means one or more of the following—

(a)the Secretary of State, and

(b)any prescribed person.

(3)Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

(a)to him, or

(b)to any prescribed person.

(4)The Secretary of State may provide any individual pupil information—

(a)to any information collator,

(b)to any prescribed person, or

(c)to any person falling within a prescribed category.

(5)Any information collator—

(a)may provide any individual pupil information—

(i)to the Secretary of State,

(ii)to any other information collator, or

(iii)to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b)may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed—

(i)to any prescribed person, or

(ii)to any person falling within a prescribed category.

(6)Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to—

(a)the Secretary of State,

(b)any information collator, or

(c)any prescribed person.

(7)No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(8)Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

(9)In this section—

Textual Amendments

F703S. 537A substituted (20.11.1998 with savings as mentioned in art. 5 of the S.I. 1998/2791) by 1998 c. 31, s. 140(1), Sch. 30 para.153 (with ss. 138(9), 144(6)); S.I. 1998/2791, arts.3, 5

538 Provision of information to Secretary of State by governing bodies of maintained schools.E+W

The governing body or temporary governing body of [F704a community, foundation or voluntary school or a community or foundation special school] shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

Textual Amendments

F704Words in s. 538 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.154 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F705539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F705S. 539 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 155, Sch.31 (with ss. 138(9), 144(6) and subject to savings by S.I. 1999/2323, art. 21); S.I. 1999/2323, art. 2(2), Sch. 2.

540 Distribution of information about schools providing secondary education.E+W

(1)Where the governing body of any school providing primary education receive a request which—

(a)is made by the governing body of any school providing secondary education, and

(b)relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,

the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.

[F706(2)In this section “school” means—

(a)any community, foundation or voluntary school, or

(b)any community or foundation special school (which is not established in a hospital).]

Textual Amendments

F706S. 540(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.156 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

541 Distribution of information about further education institutions.E+W

(1)The Secretary of State may by regulations require—

(a)the governing body of any school providing secondary education, and

(b)the proprietor of any city technology college [F707, city college for the technology of the arts or [F708Academy]],

to provide such persons as may be prescribed with such categories of information falling within subsection (2) as may be prescribed.

(2)Information falls within this subsection if it is—

(a)published under section 50 of the M17Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and

(b)made available to governing bodies and proprietors for distribution.

(3)Information provided under subsection (1) shall be provided in such form and manner as may be prescribed.

[F709(4)In this section “school” means—

(a)any community, foundation or voluntary school, or

(b)any community or foundation special school (which is not established in a hospital).]

Textual Amendments

F707Words in s. 541(1)(b) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 61 (with s. 150)

F708Words in s. 541(1)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(6) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F709S. 541(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 157 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Marginal Citations

Part XU.K. Miscellaneous and general

Chapter IE+W Educational premises

Required standards for educational premisesE+W

542 Prescribed standards for school premises.E+W

(1)Regulations shall prescribe the standards to which the premises of schools maintained by local education authorities F710. . . are to conform; and without prejudice to the generality of section 569(4) different standards may be prescribed for such descriptions of schools as are specified in the regulations.

(2)Where a school is maintained by a local education authority, the authority shall secure that the school premises conform to the prescribed standards.

F711(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F712subsection (2) has] effect subject to section 543.

Textual Amendments

543 Relaxation of prescribed standards in special cases.E+W

(1)Where subsection (2), (3) [F713, (4) or (4A)] applies in relation to a school, the Secretary of State may direct that, despite the fact that the prescribed requirement referred to in that subsection is not satisfied, the school premises shall be taken, as respects the matters specified in the direction, to conform to the standards prescribed under section 542 so long as—

(a)the direction remains in force, and

(b)any conditions specified in the direction as respects those matters are observed.

(2)This subsection applies if the Secretary of State is satisfied, having regard—

(a)to the nature of the school’s existing site,

(b)to any existing buildings on the site, or

(c)to other special circumstances affecting the school premises,

that it would be unreasonable to require conformity with any prescribed requirement as to any matter.

(3)This subsection applies if—

(a)the school is to have an additional or new site, and

(b)the Secretary of State is satisfied, having regard to the shortage of suitable sites, that it would be unreasonable to require conformity with any prescribed requirement relating to sites.

(4)This subsection applies if—

(a)the school is to have additional buildings, or is to be transferred to a new site,

(b)existing buildings not previously part of the school premises, or temporary buildings, are to be used for that purpose, and

(c)the Secretary of State is satisfied, having regard to the need to control public expenditure in the interests of the national economy, that it would be unreasonable to require conformity with any prescribed requirement relating to buildings.

[F714(4A)This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields.

In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields).]

(5)In this section “prescribed requirement” means a requirement of regulations under section 542.

Textual Amendments

544 Approval etc. of school premises and boarding hostels.E+W

(1)Regulations may make provision requiring the Secretary of State’s approval F715. . . to be obtained for the provision of new premises for, or the alteration of the premises of—

(a)any school to which this section applies, or

(b)any boarding hostel provided by a local education authority for persons receiving education at any such school.

(2)Regulations may make provision for the inspection of any such hostel.

(3)The schools to which this section applies are—

(a)any school maintained by a local education authority, [F716and]

F717(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any special school not maintained by a local education authority.

Textual Amendments

F716Word at the end of s. 544(3)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 160(b)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

545 Exemption from building byelaws of approved buildings.E+W

(1)Where plans for, or particulars in respect of, a building required for the purposes of any school or other educational institution are approved by the Secretary of State, he may by order direct that any provision of a local Act or of a byelaw made under such an Act—

(a)shall not apply in relation to the building, or

(b)shall apply in relation to it with such modifications as may be specified in the order.

(2)The reference in subsection (1) to plans or particulars approved by the Secretary of State includes a reference to—

(a)particulars submitted to and approved by him under regulations under section 544 or section 218(7) of the M18Education Reform Act 1988, F718. . .

F718(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

Control of potentially harmful materials and apparatusE+W

546 Control of potentially harmful materials and apparatus in schools.E+W

(1)Regulations may make provision for requiring the Secretary of State’s approval to be obtained for the use in schools to which this section applies of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health.

(2)The schools to which this section applies are—

(a)any school maintained by a local education authority, [F719and]

F720(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any special school not maintained by a local education authority.

Textual Amendments

F719Word at the end of s. 546(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 162(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Nuisance or disturbance on school premisesE+W

547 Nuisance or disturbance on school premises.E+W

(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation, of—

(a)any school maintained by a local education authority, F721. . .

[F722(aa)any special school not so maintained, and

(ab)any independent school.]

F721(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F723(2A)This section also applies to any premises which are—

(a)provided by a local education authority under section 508, and

(b)used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.]

(3)If—

(a)a police constable, or

(b)(subject to subsection (5)) a person whom [F724the appropriate authority has] authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

[F725(4)In subsection (3) “the appropriate authority” means—

(a)in relation to premises of a foundation, voluntary aided or foundation special school, a local education authority or the governing body,

(b)in relation to—

(i)premises of any other school maintained by a local education authority, and

(ii)premises provided by a local education authority as mentioned in subsection (2A),

a local education authority, and

(c)in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school.]

(5)A local education authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of [F726a foundation, voluntary or foundation special school] without first obtaining the consent of the governing body.

[F727(6)No proceedings for an offence under this section shall be brought by any person other than—

(a)a police constable, or

(b)an authorised person.

(7)In subsection (6) “authorised person” means—

(a)in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a local education authority or a person whom the governing body have authorised to bring such proceedings,

(b)in relation to an offence committed—

(i)on premises of any other school maintained by a local education authority, or

(ii)on premises provided by a local education authority as mentioned in subsection (2A),

a local education authority, and

(c)in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.]

(8)A local education authority may not bring proceedings for an offence under this section committed on premises of [F726a foundation, voluntary or foundation special school] without first obtaining the consent of the governing body.

Textual Amendments

F721S. 547(2)(b) and preceding word repealed (1.9.1999) by School Standards and Framework Act 1988 ( c. 31), s. 140(1)(3), Sch. 30 para. 163(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F722S. 547(2)(aa)(ab) inserted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

F723S. 547(2A) inserted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

F724Words in s. 547(3)(b) substituted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

F725S. 547(4) substituted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

F726Words in s. 547(5)(8) substituted (1.9.1999) by School Standards and Framework Act 1988 ( c. 31), s. 140(1), Sch. 30 para. 163(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F727S. 547(6)(7) substituted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(6) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

Chapter IIE+W[F728 PUNISHMENT AND RESTRAINT OF PUPILS]

Textual Amendments

F728Pt. X Ch. II: Chapter heading and cross-heading substituted for Chapter heading (1.9.1998) by virtue of 1997 c. 44, s. 57(1), Sch. 7 para. 38; S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

[F729 Corporal punishment]E+W

Textual Amendments

F729Pt. X Ch. II: Chapter heading and cross-heading substituted for Chapter heading (1.9.1998) by virtue of 1997 c. 44, s. 57(1), Sch. 7 para. 38; S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

[F730548 No right to give corporal punishment.E+W

(1)Corporal punishment given by, or on the authority of, a member of staff to a child—

(a)for whom education is provided at any school, or

(b)for whom education is provided, otherwise than at school, under any arrangements made by a local education authority, or

(c)for whom specified nursery education is provided otherwise than at school,

cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.

(2)Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.

(3)The following provisions have effect for the purposes of this section.

(4)Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.

(5)However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—

(a)an immediate danger of personal injury to, or

(b)an immediate danger to the property of,

any person (including the child himself).

(6)“Member of staff”, in relation to the child concerned, means—

(a)any person who works as a teacher at the school or other place at which education is provided for the child, or

(b)any other person who (whether in connection with the provision of education for the child or otherwise)—

(i)works at that school or place, or

(ii)otherwise provides his services there (whether or not for payment),

and has lawful control or charge of the child.

(7)“Child” (except in subsection (8)) means a person under the age of 18.

(8)“Specified nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age which is provided—

(a)by a local education authority; or

(b)by any other person—

(i)who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, F731...

F731(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F732(otherwise than as mentioned in paragraph (a) or (b)) in any educational institution which would fall within section 4(1) above (definition of “school”) but for the fact that it provides part-time, rather than full-time, primary education.]]

Textual Amendments

F730S. 548 substituted (1.9.1999) by 1998 c. 31, ss. 131(1) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F731S. 548(8)(b)(ii) and word repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F732S. 548(8)(c) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F733549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F734550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F735 Power to restrain pupils]E+W

Textual Amendments

F735S. 550A and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 4 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

[F736550A Power of members of staff to restrain pupils.E+W

(1)A member of the staff of a school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

(a)committing any offence,

(b)causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c)engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

(2)Subsection (1) applies where a member of the staff of a school is—

(a)on the premises of the school, or

(b)elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned;

but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548.

(3)Subsection (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this section.

(4)In this section—

Textual Amendments

F736S. 550A and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 4 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

[F737 Detention]E+W

Textual Amendments

F737S. 550B and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 5 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

[F738550B Detention outside school hours lawful despite absence of parental consent.E+W

(1)Where a pupil to whom this section applies is required on disciplinary grounds to spend a period of time in detention at his school after the end of any school session, his detention shall not be rendered unlawful by virtue of the absence of his parent’s consent to it if the conditions set out in subsection (3) are satisfied.

(2)This section applies to any pupil who has not attained the age of 18 and is attending—

(a)a school maintained by a local education authority;

F739. . . or

(c)a city technology college , city college for the technology of the arts or [F740Academy]].

(3)The conditions referred to in subsection (1) are as follows—

(a)the head teacher of the school must have previously determined, and have—

(i)made generally known within the school, and

(ii)taken steps to bring to the attention of the parent of every person who is for the time being a registered pupil there,

that the detention of pupils after the end of a school session is one of the measures that may be taken with a view to regulating the conduct of pupils;

(b)the detention must be imposed by the head teacher or by another teacher at the school specifically or generally authorised by him for the purpose;

(c)the detention must be reasonable in all the circumstances; and

(d)the pupil’s parent must have been given at least 24 hours’ notice in writing that the detention was due to take place.

(4)In determining for the purposes of subsection (3)(c) whether a pupil’s detention is reasonable, the following matters in particular shall be taken into account—

(a)whether the detention constitutes a proportionate punishment in the circumstances of the case; and

(b)any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i)the pupil’s age,

(ii)any special educational needs he may have,

(iii)any religious requirements affecting him, and

(iv)where arrangements have to be made for him to travel from the school to his home, whether suitable alternative arrangements can reasonably be made by his parent.

(5)Section 572, which provides for the methods by which notices may be served under this Act, does not preclude a notice from being given to a pupil’s parent under this section by any other effective method.

Textual Amendments

F738S. 550B and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 5 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

F739S. 550B(2): the words "(b) a grant-maintained or grant-maintained special school;" repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 165, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Chapter IIIE+W Other provisions about schools

Duration of school day etc.E+W

551 Regulations as to duration of school day etc.E+W

(1)Regulations may make provision with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools to which this section applies.

[F741(1A)In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any such year.]

(2)The schools to which this section applies are—

(a)any school maintained by a local education authority; [F742and]

F743(b). . .

(c)any special school not maintained by a local education authority.

Textual Amendments

F742Word at the end of s. 551(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.166 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Single-sex schoolsE+W

552

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

Educational trustsE+W

553 Schemes under the Endowed Schools Acts.E+W

(1)Where under any provision (however expressed) of a scheme made under the Endowed Schools Acts 1869 to 1948 the power of the trustees under the scheme to apply any property to which the scheme relates for purposes authorised by the scheme is subject to the approval or order of any other person, the scheme shall have effect as if no such approval or order was required.

(2)The Secretary of State may, on the application of any person whose approval or order would apart from this section be required under such a scheme, direct that the requirement shall continue to have effect despite subsection (1); but no liability shall be taken to have been incurred in respect of any failure before the making of such a direction to obtain any such approval or order.

Religious educational trustsE+W

554 Power to make new provision as to use of endowments.E+W

[F744(1)This section applies where—

(a)in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or

(b)in relation to any time on or after the appointed day—

(i)the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or

(ii)in the opinion of the Secretary of State it is likely such premises will cease to be so used;

and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.]

(2)In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order make new provision as to the use of any endowment if it is shown either—

(a)that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religion or religious denomination; or

(b)that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (4)) the requirements of subsection (3) are fulfilled.

(3)The requirements of this subsection are—

[F745(a)that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the M19School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and]

(b)that religious education in accordance with the tenets of the religion or denomination concerned—

(i)is, and has been from that date, provided at the school, or

(ii)where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used,

in pursuance of section 377 or 378 or section 380 or 381 [F746of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998].

(4)For the purposes of this section—

(a)where in the case of any school falling within subsection (3)(a) it is shown—

(i)that religious education in accordance with the tenets of a particular religion or denomination is provided at the school, or

(ii)if the premises have ceased to be used for the purposes of the school, such religious education was so provided immediately before the premises ceased to be so used,

such religious education shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and

[F747(b)where religious education in accordance with such tenets is shown to have been given to any pupils at—

(i)a controlled school (within the meaning of this Act),

(ii)a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or

(iii)a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),

the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown.]

(5)For the purposes of this section—

(6)This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school.

Textual Amendments

Marginal Citations

555 Procedure applicable to orders under section 554.E+W

(1)No order shall be made under section 554 except on the application of the persons appearing to the Secretary of State to be the appropriate authority of the religion or denomination concerned.

(2)The Secretary of State shall, not less than one month before making an order under section 554, give notice of the proposed order and of the right of persons interested to make representations on it.

(3)Such notice shall be given—

(a)by giving to any persons appearing to the Secretary of State to be trustees of an endowment affected by the proposed order a notice of the proposal to make it, together with a draft or summary of the provisions proposed to be included; and

(b)by publishing, in such manner as the Secretary of State thinks sufficient for informing any other persons interested, a notice of the proposal to make the order and of the place where any person interested may (during a period of not less than a month) inspect such a draft or summary, and by keeping a draft or summary available for inspection in accordance with the notice.

(4)The Secretary of State shall take into account any representations made to him by any person interested before the order is made.

(5)In this section “endowment” has the same meaning as in section 554.

556 Content of orders under section 554.E+W

(1)An order under section 554—

(a)may require or authorise the disposal by sale or otherwise of any land or other property forming part of an endowment affected by the order, including the premises of the school and any teacher’s dwelling-house; and

(b)may consolidate any endowments to be dealt with by the scheme.

(2)Subject to subsection (1), and to any provision affecting the endowments which is a provision of a public general Act of Parliament, an order under section 554 shall establish and give effect, with a view to enabling the religion or denomination concerned to participate more effectively in the administration of the statutory system of public education, to a scheme or schemes for the endowments dealt with by the order to be used for appropriate educational purposes either—

(a)in connection with schools which are [F748foundation schools or voluntary schools]; or

(b)partly in connection with such schools (or either description of such schools) and partly in other ways related to the locality served by the [F749school at the premises referred to in section 554(1).].

(3)In subsection (2) “use for appropriate educational purposes” means use for educational purposes in connection with the provision of religious education in accordance with the tenets of the religion or denomination concerned (including in particular, but without prejudice to the generality of the foregoing, use for any purpose specified in Schedule 36).

(4)A scheme given effect under section 554—

(a)may provide for the retention of the capital of any endowment and application of the accruing income; or

(b)may authorise the application or expenditure of capital to such extent and subject to such conditions as may be determined by or in accordance with the scheme;

and any such scheme may provide for the endowments dealt with by the scheme or any part of them to be added to any existing endowment applicable for any such purpose as is authorised for the scheme by subsection (2).

(5)Where a scheme given effect under section 554 provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 36, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect to under that section or otherwise).

(6)Section 568(5) does not apply to an order under section 554, but such an order may include such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient either for the bringing into force or for the operation of any scheme established by it, including in particular provisions—

(a)for the appointment and powers of trustees of the property comprised in the scheme or, if the property is not all applicable for the same purposes, of any part of that property; and

(b)for the property or any part of it to vest by virtue of the scheme in the first trustees under the scheme or trustees of any endowment to which it is to be added or, if not so vested, to be transferred to them.

(7)Any order under section 554 shall have effect despite any Act of Parliament (other than a public general Act), letters patent or other instrument relating to, or trust affecting, the endowments dealt with by the order.

(8)In this section “endowment” has the same meaning as in section 554.

Textual Amendments

F748Words in s. 556(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 169(a) (with ss. 138(9), 144(6))

F749Words in s. 556(2)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 169(b) (with s. 138(9), 144(6))

557 Adoption of statutory trusts.E+W

(1)This section applies to endowments which are—

(a)regulated by a qualifying scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the M20Education Act 1944 or by an order under section 554 of this Act or section 2 of the M21Education Act 1973; and

(b)held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with—

(i)the provision of religious education at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or

(ii)the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education is or is to be provided in a diocese or other geographical area;

but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.

(2)The trustees of any endowments to which this section applies may, by resolution complying with subsection (6), adopt the uniform statutory trusts as the trusts on which those endowments are to be held.

(3)The uniform statutory trusts are those set out in Schedule 36.

(4)On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.

(5)The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6), consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.

(6)For a resolution to comply with this subsection—

(a)it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and

(b)it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust.

(7)Where trustees pass a resolution under subsection (2), it shall be their duty to send a copy of the resolution to the Secretary of State.

(8)The uniform statutory trusts applicable to endowments to which this section applies shall not affect—

(a)the rights of any person under the third proviso to section 2 of the M22School Sites Act 1841, under section 86(3) of the M23Education Act 1944 or under section 1 of the M24Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land), or

(b)the rights of any local education authority which have arisen under paragraph 7 or 8 of the First Schedule to the M25Education Act 1946 (rights in relation to school sites provided by such authorities) or which may arise under section 60(4) or 62(2),

except in so far as any right falling within paragraph (a) above is or has been extinguished by an order under section 554 of this Act or section 2 of the M26Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.

(9)In this section—

(10)In Schedule 36 as incorporated in any scheme or order—

Textual Amendments

F751S. 557(10): words in definition of "relevant school" inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 69, 216(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Marginal Citations

Chapter IVE+W Employment of children and young persons

558 Meaning of “child” for purposes of enactments relating to employment of children or young persons.E+W

For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not over compulsory school age shall be deemed to be a child within the meaning of that enactment.

559 Power of local education authorities to prohibit or restrict employment of children.E+W

(1)If it appears to a local education authority that a child who is a registered pupil at a [F752community, foundation], voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer—

(a)prohibiting him from employing the child, or

(b)imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

(2)A local education authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a [F753community, foundation], voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3)A person who—

(a)employs a child in contravention of any prohibition or restriction imposed under subsection (1), or

(b)fails to comply with the requirements of a notice served under subsection (2),

shall be guilty of an offence.

(4)A person guilty of an offence under this section shall be liable on summary conviction—

(a)to a fine not exceeding level 1 on the standard scale, or

(b)to imprisonment for a term not exceeding one month,

or both.

(5)Section 28(1) and (3) of the M30Children and Young Persons Act 1933 (powers of entry for the enforcement of the provisions of Part II of that Act as to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of Part II of that Act.

(6)This section shall cease to have effect on the coming into force of section 2 of the M31Employment of Children Act 1973.

Textual Amendments

F752Words in s. 559(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 171(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F753Words in s. 559(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 171(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Marginal Citations

560 Work experience in last year of compulsory schooling.E+W

[F754(1)The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last two years of compulsory schooling if the employment is in pursuance of arrangements made—

(a)by a local education authority, or

(b)by the governing body of a school on behalf of such an authority,

with a view to providing him with work experience as a part of his education.

(2)For the purposes of subsection (1) a child shall be taken to be in his last two years of compulsory schooling as from the beginning of the last two school years at his school during the whole or part of which he is of compulsory school age.]

(3)Subsection (1) shall not be taken to permit the employment of a person in any way contrary to—

(a)an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years, or

(b)section 1(2) of the M32Employment of Women, Young Persons and Children Act 1920 or section 55(1) of the M33Merchant Shipping Act 1995 (which prohibit the employment of children in ships).

(4)No arrangements shall be made under subsection (1) for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of the enactment) and not a child.

(5)Where a child is employed in pursuance of arrangements made under subsection (1), so much of any enactment as—

(a)regulates the employment of young persons (whether by excluding them from any description of work, prescribing the conditions under which they may be permitted to do it or in any other way), and

(b)would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment,

shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.

(6)Nothing in section 495 or 496 applies in relation to any power conferred on a local education authority F755. . . by subsection (1).

(7)In this section “enactment” includes any byelaw, regulation or other provision having effect under an enactment.

Textual Amendments

F754S. 560(1)(2) substituted (1.10.1998) by 1998 c. 31, s. 112(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1) Sch. 1 Pt. I

F755Words in s. 560(6) repealed (1.9.1999) by 1998 c. 31, ss. 112(3), 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Marginal Citations

Chapter VE+W Persons not covered by Act

561 Act not to apply to persons in service of the Crown.E+W

No power or duty conferred or imposed by this Act on—

(a)the Secretary of State,

(b)local education authorities, or

(c)parents,

shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons so employed, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.

562 Act not to apply to persons detained under order of a court.E+W

(1)No power or duty conferred or imposed by or under this Act on—

(a)the Secretary of State,

(b)local education authorities, or

(c)parents,

shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State, but a local education authority may make arrangements for a person who is detained in pursuance of such an order to receive the benefit of educational facilities provided by the authority.

(2)A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1) as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—

(a)by virtue of an order made by a court under the M34Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

(b)by virtue of a requirement of a probation order or by virtue of anything done under such a requirement.

Marginal Citations

Chapter VIU.K. General

Documents and evidenceE+W

563 Educational records.E+W

(1)Regulations may make provision as to—

(a)the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and

(b)the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

(2)The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(3)The schools to which this section applies are—

(a)any school maintained by a local education authority; [F756and]

F757(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any special school not maintained by a local education authority.

Textual Amendments

F756Word at the end of s. 563(3)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 172(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

564 Certificates of birth and registrars’ returns.E+W

(1)Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—

(a)on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and

(b)on payment of a fee of [F758£3.50] [F758£7.00],

supply the applicant with a copy of the entry certified under his hand.

(2)A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).

(3)A registrar shall supply to a local education authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require.

(4)In this section—

Textual Amendments

F758S. 564(1)(b): fees of £3.50 and £7.00 made payable (1.4.2003) in respect of copies issued by (i) a registrar and (ii) a superintendent registrar respectively by virtue of The Registration of Births, Deaths and Marriages (Fees) Order 2002 (S.I. 2002/3076), arts. 1(1), 2, Sch.

Marginal Citations

565 Evidence: presumption as to age.E+W

(1)Where in any proceedings under this Act the person by whom the proceedings are brought—

(a)alleges that any person whose age is material to the proceedings is under, of, or over, any age, and

(b)satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,

the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.

(2)This section has effect subject to section 445(3).

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 local education authority, and to be signed by the clerk of that authority or by the chief education officer of that authority 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 [F759a 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 local education 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.

Textual Amendments

Stamp dutyE+W

F760567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Orders, regulations and directionsE+W+S

568 Orders.E+W

(1)Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

F761[(2)For the purposes of subsection (1) “the excepted provisions” are—

(3)A statutory instrument containing any order made by the Secretary of State under this Act, other than an order under—

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)[F765No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.]

(5)Any order made—

(a)by the Secretary of State under this Act by statutory instrument, F766. . .

F766(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(6)Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.

Textual Amendments

F761S. 568(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 175(a), (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, art. 16(3) as amended (31.8.1999) by S.I. 1999/2484, reg. 3

F762Words in s. 568(2) repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

F763Words in s. 568(3) repealed (1.10.2002 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/2961, art. 6, Sch. Pt. III

F764Words in s. 568(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 175(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 (subject to savings in S.I. 1999/2323, art. 16(3) (as amended (31.8.1999) by S.I. 1999/2484, art. 3))

F765S. 568(4) repealed (1.10.2002 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/2961, art. 6, Sch. Pt. III

F766S. 568(5)(b) and preceding word repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 175(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, art. 16(3) (as amended (31.8.1999) by S.I. 1999/2484, art. 3))

569 Regulations.E+W+S

(1)Any power of the Secretary of State to make regulations under this Act shall be exercised by statutory instrument.

(2)A statutory instrument containing regulations under this Act, other than regulations under [F767section 492,] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)No regulations shall be made under [F768section 492] unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(4)Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(5)Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

(6)Subsection (5) does not apply to regulations under section 579(4).

Extent Information

E1S. 569 extends to Scotland so far as relating to regulations under s. 493 see s. 583(7).

Textual Amendments

570 Revocation and variation of certain orders and directions.E+W

(1)This section applies to any order or directions made or given under this Act by—

(a)the Secretary of State, [F769or]

F770(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a local education authority,

other than an order to which section 568(1) applies.

(2)Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, F771. . . or the local education authority, as the case may be.

(3)Where the power to make or give any such order or directions is only exercisable—

(a)on the application or with the consent of any person or body of persons, or

(b)after consultation with any person or body of persons, or

(c)subject to any other conditions,

no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.

Textual Amendments

F769Word at the end of s. 570(1)(a) inserted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 177(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

GuidanceE+W

571 Publication of guidance.E+W

(1)The Secretary of State shall publish any guidance given by him for the purposes of any [F772provision of this Act] in such manner as he thinks fit.

F773(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of documentsE+W

572 Service of notices and other documents.E+W

Any order, notice or other document required or authorised by this Act to be [F774served on, or given to, any person may be served or given] —

(a)by delivering it to that person, or

(b)by leaving it at his usual or last known place of residence, or

(c)by sending it in a prepaid letter addressed to him at that place.

[F775(2)But such a document may not be served or given in an electronic communication to a person as a parent unless —

(a)the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and

(b)the communication is sent to the number or address in question.

(3)In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.]

Textual Amendments

ConstructionE+W

573 Meaning of expressions relating to alteration etc. of premises or character of schools.E+W

(1)The following provisions apply for the purposes of this Act except where the context otherwise requires.

(2)References to the alteration of school premises include making improvements, extensions or additions to the premises; F776. . ..

(3)References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

F777(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F777(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F777(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

574 Changes to school not amounting to discontinuance etc.E+W

(1)For the purposes of this Act and any other enactment relating to the duties of a local education authority neither—

(a)references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor

(b)references in whatever terms to establishing a new school,

shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).

(2)The changes are—

(a)education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;

(b)an enlargement or alteration of the school premises; and

(c)the transfer of the school to a new site.

575

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

576 Meaning of “parent”.E+W

(1)In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a)who is not a parent of his but who has parental responsibility for him, or

(b)who has care of him,

except that in [F778section 499(8)] it only includes such a person if he is an individual.

F779(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (1) “parental responsibility” has the same meaning as in the M36Children Act 1989.

(4)In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

Textual Amendments

F778Words in s. 576(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 180(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C78S. 576 applied (24.7.1998) by 1998 c. 31, ss. 142(10), 145(4) (with ss. 138(9), 144(6))

C79S. 576 applied (1.9.2001) by S.I. 2001/600, reg. 30(10)

Marginal Citations

F780577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

578 Meaning of “the Education Acts”.E+W

In this Act “the Education Acts” means this Act together with the following Acts—

Textual Amendments

F781Entries in s. 578 repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/3237, art. 2(1) (subject to arts. 3, 4)

F782Entries in s. 578 repealed (1.4.2003 for E.; 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch.

F784Entry in s. 578 added (14.6.1997) by virtue of 1997 c. 44, ss. 57(1), 58(2), Sch. 7 para. 42; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

F785Entry in s. 578 inserted (31.7.1997) by 1997 c. 59, ss. 6(2), 7(2)(3)

F786Entry in s. 578 (as inserted (27.1.1998) by 1998 c. 1, ss. 6(1), 7(2)) repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/3237, art. 2(1) (subject to arts. 3, 4)

F787Entry in s. 578 inserted (1.10.1998) by 1998 c. 30, ss. 44(1), 46(2), Sch. 3 para. 15 (with s. 42(8)); S.I. 1998/2215, art. 2

F788Entry in s. 578 inserted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.182 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1

F789Entry in s. 578 inserted (24.7.2002) by virtue of Education Act 2002 (c. 32), ss. 216(1), 217(2) (with ss. 210(8), 214(4))

F790S. 578 entry added (1.7.2004) by Higher Education Act 2004 (c. 8), ss. 52(1), 54(2)

Marginal Citations

579 General interpretation.E+W

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

(2)References in this Act to an interest in land include any easement, right or charge in, to or over land.

F800(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular local education authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

(5)For the purposes of this Act a school shall be regarded as “assisted” by a local education authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

(6)Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local education authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

(7)Neither—

(a)a university, nor

(b)any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a local education authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

Textual Amendments

F791S. 579(1): definitions of "the appropriate further education funding council", "exclude", "governing body" (and "governors"), "the local education authority", "reception class" and "relevant age group" repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 183(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F792Definition in s. 579(1) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F793Words in s. 579(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 57(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F794S. 579(1): definition of "the National Curriculum" inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 57(b) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F795Words in s. 579(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(iii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F797S. 579(1): definition of "sex education" inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 57(c) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F798Definition in s. 579(1) inserted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 43; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

F799Definition in s. 579(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(iv) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Marginal Citations

F801580 Index.E+W

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

ExpressionRelevant provision
[F802Academy][F802section 482]
admission authority (in Chapter I of Part VI)section 415
admitted to a school for nursery educationsection 579(3)
aggregated budget (in Part II)sections 101(3) and 105
agreed syllabussection 375(2) and (4)
aided schoolsection 32(1) and (3)
allocation formula (in Part II)section 106(2)
alteration (of school premises) and alterations (in relation to such premises)section 573(2)
annual parents’ meeting (in Chapter VI of Part II)section 162(1)
appropriate diocesan authority (in Part III in relation to a Church of England, Church in Wales or Roman Catholic Church school)section 311(1)
appropriate further education funding councilsection 579(1)
area (of a local education authority)section 12(6)
articles of government
 (in relation to a county, voluntary or maintained special school)section 127(1)
 (in relation to a grant-maintained school)section 218(1)
 (in relation to a grant-maintained special school)paragraph 1 of Schedule 28
 (in relation to a group of grant-maintained schools)section 280(2)
assess (in Part V)section 350(2)
assessment arrangements (in Part V)section 353
assisted (in relation to a school or other institution)section 579(5) to (7)
F803. . .. . .
attainment targets (in Part V)section 353
authority responsible for election arrangements (in Chapter V of Part III)section 243(2)
belonging to the area of a local education authority (in relation to a person)section 579(4)
boardersection 579(1)
budget share (in Part II)section 101(3) and (6)
capital grant (in relation to grant-maintained schools)section 246(1) (or section 252)
cease to maintain (in relation to a school)section 574
the chairmen’s panel (in Part IV)section 333(2)
change in character (in relation to a school)section 573(4)
character (of a school) (in Part III)section 311(4)
child
 (generally)section 579(1)
 (in Part IV)section 312(5)
  [F804(in Chapter I of Part VI except sections 431 to 433)section 411(8)]
child for whom a local education authority are responsible (in Part IV)section 321(3)
Church in Wales schoolsection 311(1)
Church of England schoolsection 311(1)
[F805city academy][F805section 482]
[F805city college for the technology of the arts][F805section 482(3)]
[F805city technology college][F805section 482(3)]
clothingsection 579(1)
commencement of this Actsection 583(2)
compulsory school agesection 8 (or paragraph 1 of Schedule 40)
contract of employment (in relation to provisions specified in section 575(2))section 575(1)
controlled schoolsection 32(1) and (2)
co-opted governor (in relation to a county, voluntary or maintained special school)section 78(1)
core governorsection 285 and Schedule 25
county schoolsection 31(1)
date of implementation
 (in Part III in relation to proposals for acquisition of grant-maintained status)section 200(2)
 (in Part III in relation to a new grant-maintained school)section 217
date of publication of proposals (in Part III in relation to proposals under that Part)section 311(6)
delegation requirement (in Part II)section 107(2)
discontinue (in relation to a school)section 574
disposal of premises (in sections 297 to 300)section 301(3)
dissolution date (in sections 274 to 279)section 274(6)
the Education Actssection 578
eligible for grant-maintained status (in Part III)section 184
eligible governor (in Part III)paragraph 4 of Schedule 24
eligible to vote in a ballot held in accordance with section 189 (in Chapter II of Part III)section 190(1)
employed, employee, employer (in relation to provisions specified in section 575(2))section 575(1)
employed to work, or to work solely, at a school (in relation to provisions specified in section 575(2))section 575(3)
employee (in sections 469 to 473)section 469(6)
enlargement (in relation to school premises)section 573(3)
establish (in relation to a new school)section 574
examination requirement (in Chapter III of Part VI)section 462(1)
exclude, exclusion (except in section 524)section 579(1)
financial yearsection 579(1)
first governor (in relation to a grant-maintained school)paragraphs 7 and 12 of Schedule 24
foundation governor
 (in relation to a voluntary school)section 78(2)
 (in relation to a grant-maintained school)paragraphs 8 and 13 of Schedule 24
foundation subjectssection 354 F806. . .
functionssection 579(1)
funding authoritysection 26
further educationsection 2(3) to (5)
general schools budget (in Part II)section 101(3)
governing body, governor
 (in Chapters IV to VI of Part II)section 182
 (in relation to a school grouped for purposes of Chapter IV of Part II)section 89(6)
 (in relation to a voluntary school and functions of foundation governors)section 579(1)
governing body in liquidation (in sections 274 to 279)section 274(3)
governor of an elected category (in Part III)paragraph 3 of Schedule 24
governors’ report (in Chapter VI of Part II)section 161(1)
grant-maintained school
 (generally)section 183(1)
 (in sections 500 to 504)section 505(8)
grant-maintained school formerly conducted by a governing body in liquidation (in sections 274 to 279)section 274(5)
grant-maintained special schoolsections 337(4) and 346(3)
grant regulations (in Chapter VI of Part III)section 244(2)
grants for education support and trainingsection 484(1)
group (of schools)
 (in Part II)section 89(5)
 (in Chapter IX of Part III)section 280(7)
head teacher
 (generally)section 579(1)
 (in relation to a county, voluntary or maintained special school organised into separate departments)section 132
higher educationsection 579(1)
incorporation date
 (in Chapter II of Part III)section 200(5)
 (in Chapter IV of Part III)section 217
 (in Part IV)section 345(3)
independent schoolsection 463
initial governor (in Part III)paragraph 2 of Schedule 24
institution outside (or within) the further education sectorsection 4(3)
institution outside (or within) the higher education sectorsection 4(4)
instrument of government
 (in relation to a county, voluntary or maintained special school)section 76(1)
 (in relation to a grant-maintained school)section 218(1)
 (in relation to a grant-maintained special school)paragraph 1 of Schedule 28
 (in relation to a group of grant-maintained schools)section 280(2)
interest in landsection 579(2)
junior pupilsection 3(2)
key stagesection 355(1)
landsection 579(1)
the lay panel (in Part IV)section 333(2)
learning difficultysection 312(2) and (3)
liabilitysection 579(1)
local authoritysection 579(1)
local education authoritysection 12(1) to (5)
the local education authority
 (generally)section 579(1)
 (in relation to a scheme under Part II)section 101(2)
local government elector
 (generally)section 579(1)
 (in Part III in relation to an area)section 311(7)
maintain (in relation to a school maintained by a local education authority)section 34
maintained school
 (in Part IV)section 312(5)
 (in Part V)section 350(1)
 (in Chapter II of Part VI)section 437(8)
 (in Chapter III of Part VI)section 449
 (in sections 500 to 504)section 505(8)
maintained nursery schoolsections 6(1) and 33(1)
maintained special schoolsections 6(2), 33(1) and 337(3)
maintenance grant (in relation to grant-maintained schools)section 244(1) (or section 250(1))
medical officer (in relation to a local education authority)section 579(1)
minor authoritysection 577
middle schoolsection 5(3)
modifications, modifysection 579(1)
the National Curriculumsections 352(1) and 353
new governing body (in Part III)section 195(2)
new school (in Part II)section 181(1)
nursery schoolsection 6(1)
optional extra (in Chapter III of Part VI)section 455(3)
parentsection 576
parent governor
 (in relation to a county, voluntary or maintained special school)section 78(3)
 (in relation to a grant-maintained school)paragraphs 5 and 10 of Schedule 24
F803. . .. . .
F803. . .. . .
pending
 (in Part III in relation to proposals published under section 193)section 193(4)
 (in Chapter III of Part III in relation to the procedure for acquisition of grant-maintained status)section 203(1)
powers to make proposals for the alteration of their school (in sections 500 to 504 in relation to the governing body of a voluntary school)section 505(7)
powers to make proposals for the establishment, alteration or discontinuance of schools (in sections 500 to 504)section 505(8)
premises
 (in relation to a school)section 579(1)
 (in Part III)section 311(1)
prescribedsection 579(1)
the President (in Part IV)section 333(2)
primary educationsection 2(1)
primary schoolsection 5(1)
programmes of study (in Part V)section 353
proceeds of disposal (in sections 297 to 300)section 301(3)
procedure applicable under Chapter IV of Part II (in Chapter V of Part III)section 243(3)
promoters (in Part III)section 212(1)
proposals (in Chapter VII of Part III)section 266(2)
proposals for acquisition of grant-maintained status (in Part III)section 183(2)
proposals for the establishment of a new grant-maintained school (in Part III)section 183(2)
proprietor (in relation to a school)section 579(1)
prospectively disqualified (in Chapter V of Part III)section 243(4)
provisionally registered school (in Part VII)section 465(4)
pupilsections 3(1) and 19(5)
reception classsection 579(1)
register, registration (in Part VII in relation to independent schools)section 464(4)
registered (in relation to parents or pupils)section 434(5)
registered school (in Part VII)section 465(4)
Registrar of Independent Schools (or the Registrar in Part VII)section 464(4)
regulationssection 579(1)
relevant age groupsection 579(1)
relevant education (in relation to an order under section 27(1))section 27(7)
relevant particulars (in relation to a proposed initial governor of a grant-maintained school)section 200(4)
relevant proposals (in Part II)section 181(2)
relevant standard number (in Chapter I of Part VI)section 411(7)
required to be covered by a scheme (in Part II in relation to a school)section 102
reserved teacher (in Chapter VI of Part II in relation to a controlled school)section 143(2)
reserved teacher (in Chapter VI of Part II in relation to a special agreement school)section 144(1)
residential trip (in Chapter III of Part VI)section 462(2)
responsible for a child (in Part IV in relation to a local education authority)section 321(3)
right to a delegated budget (in Part II)section 115(a)
Roman Catholic Church schoolsection 311(1)
scheme (in Part II)section 101(1)
schoolsection 4(1) and (2)
school in respect of which financial delegation is required (in Part II)section 115
school which has a delegated budget (in Part II)section 115
school attendance ordersection 437(3)
school buildingssection 579(1)
school daysection 579(1)
school property (in sections 274 to 279)section 274(4)
[F807school yearsection 579(1)]
secondary educationsection 2(2) and (5)
secondary schoolsection 5(2)
section 67 loan liabilities (in sections 274 to 279)section 274(7)
senior pupilsection 3(2)
sex educationsection 352(3)
significant (in relation to a change in character or enlargement of premises of a school)section 573(5)
special agreementsection 32(5)
special agreement schoolsection 32(1) and (4)
special educational needssection 312(1)
special educational provisionsection 312(4)
special purpose grant (in relation to grant-maintained schools)section 245(1) (or section 251)
special schoolsections 6(2) and 337
sponsor governor (in Part III)paragraphs 9 and 14 of Schedule 24
suitable education (in Chapter II of Part VI)section 437(8)
teacher governor
 (in relation to a county, voluntary or maintained special school)section 78(4)
 (in relation to a grant-maintained school)paragraphs 6 and 11 of Schedule 24
temporary governing body, temporary governor (in Part II)section 181(3)
time of publication of proposals (in Part III in relation to proposals under that Part)section 311(6)
the Tribunal (in Part IV)section 313(5)
trust deed (in relation to a voluntary school)section 579(1)
trustees of the school (in sections 296 to 300)section 301(2)
voluntary schoolsections 31(2) and 32
[F804wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI)section 411(9)]
young personsection 579(1)

Textual Amendments

F801Words in s. 580 repealed (26.7.2002 for E. for specified purposes, 1.8.2003 for W. for specified purposes, 1.1.2004 for W. In so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I; S.I. 2003/2961, art. 6, Sch. Pt. III

F803S. 580 table: entry repealed (1.9.1997) by 1997 c. 59, ss. 6(3), 7(3)(a), Sch. Pt. I

F804S. 580 table: entry inserted (1.9.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 44; S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II

F805Words in s. 580 repealed (26.7.2002 for E. for specified purposes, 1.8.2003 for W. for specified purposes) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F806S. 580 table: words in the entry relating to "foundation subjects" omitted (2.5.2000 for E. and 20.7.2000 for W.) by virtue of S.I. 2000/1146, art. 3 and S.I. 2000/1882, art. 2

F807S. 580 table: entry inserted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 44; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Final provisionsU.K.

581 Application to Isles of Scilly.E+W

This Act shall apply to the Isles of Scilly—

(a)as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and

(b)subject to such other modifications as are specified in an order made by the Secretary of State.

582 Consequential amendments, repeals, transitional provisions etc.U.K.

(1)The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(2)The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.

(3)The transitional and saving provisions contained in Schedule 39 shall have effect.

(4)The transitory provisions contained in Schedule 40 shall have effect.

Commencement Information

I2S. 582 wholly in force at 1.9.1997; s. 582(1) in force at 1.11.1996 so far as relating to Sch. 37 Pt. I; s. 582(2) in force at 1.11.1996 so far as relating to Sch. 38 Pts. I, III; s. 582(3)(4) in force at 1.11.1996 see s. 583(2); S. 582(1) in force at 1.9.1997 so far as relating to Sch. 37 Pt. II and s. 583(2) in force at 1.9.1997 so far as relating to Sch. 38 Pt. II by S.I. 1997/1623, art. 2(2)

583 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Education Act 1996.

(2)Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).

(3)The following provisions—

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

(4)The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the M52Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

(5)Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—

(a)section 568(5) and (6) shall not apply to the order, but

(b)the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the M53Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).

(6)Subject to subsections (7) and (8), this Act extends to England and Wales only.

(7)This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.

(8)Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.

Subordinate Legislation Made

P2S. 583(3) power partly exercised (19.11.1996); 1.1.1997 appointed for specified provisions by S.I. 1996/2904, art. 2

S. 583(3) power partly exercised (30.6.1997); 1.9.1997 appointed for specified provsions by S.I. 1997/1623, arts. 2, 3

S. 583(3) power partly exercised (20.10.1997); 30.9.1997 appointed for specified provisions by S.I. 1997/2352, art. 2

Marginal Citations