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Education Act 1996

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Education Act 1996, Part VII is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part VIIE+W Independent Schools

Chapter IE+W Preliminary

[F1463 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 [F2local 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.]

Chapter IIE+W Registration of independent schools

RegistrationE+W

F3464 Separate registration for England and for Wales.E+W

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

Textual Amendments

F3Ss. 464-478 repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961,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

F3465 Provisional and final registration of a school.E+W

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

Textual Amendments

F3Ss. 464-478 repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961,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

F3466 Enforcement of registration: offences.E+W

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

Textual Amendments

F3Ss. 464-478 repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961,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

F3467 Provision of information about registered and provisionally registered schools.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3468 School may be struck off for contravention of regulations about employment of teachers.E+W

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

Textual Amendments

F3Ss. 464-478 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

Complaints about registered and provisionally registered schoolsE+W

F3469 Notice of complaint by Secretary of State.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3470 Determination of complaint by an Independent Schools Tribunal.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3471 Determination of complaint by Secretary of State.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3472 Effect of personal disqualification.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3473 Enforcement of disqualification.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3473A Removal of disqualification: persons no longer unsuitable to work with children.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3473B Conditions for application under section 473A.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3474Removal of disqualification: other cases.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3475 Duty of Registrar to comply with order for the deletion of a school from the register.E+W

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

Textual Amendments

F3Ss. 464-478 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

Independent Schools TribunalsE+W

F3476 Constitution and proceedings of Independent Schools Tribunals.E+W

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

Textual Amendments

F3Ss. 464-478 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

SupplementaryE+W

F3477 Disqualification in Scotland.E+W

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

Textual Amendments

F3Ss. 464-478 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

F3478 Offences: institution of proceedings and punishment.E+W

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

Textual Amendments

F3Ss. 464-478 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

Chapter IIIE+W Assisted places at independent schools

F4479. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F4S. 479 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3)(a), Sch., Pt.I.

F5480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5S. 480 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3), Sch. Pt.I.

F6481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6S. 481 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3), Sch. Pt.I.

Chapter IVE+W City colleges

[F7482 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 [F2local 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 [F2local 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.]

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 [F8may] 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.

F9[F10(3A)[F11If 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

F8Word in s. 483(3) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(2), 216(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F9S. 483(3A) repealed (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F10S. 483(3A) inserted (1.10.2000) by 2000 c. 21, s. 132 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

F11S. 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)

C7S. 483(3) modified (E.) (12.11.2001) by S.I. 2001/3445, art. 2

[F12483A 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 [F13an Academy] .

(3)The condition in this subsection is satisfied if—

[F14(a)the statement is maintained by a local authority in England, or

(b)the statement is maintained by a local authority in Wales and the Welsh Ministers consent to the child being educated at the school.]

(4)[F15The appropriate national authority] 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 [F2local 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 [F2local authority] making payments or providing assistance by virtue of subsection (5).

[F16(6A)In subsection (4) “the appropriate national authority” means—

(a)in relation to a school in England, the Secretary of State;

(b)in relation to a school in Wales, the Welsh Ministers.]

(7)[F17This section does not apply to schools in Wales.]]

Textual Amendments

F12S. 483A inserted (1.10.2000) by 2000 c. 21, s. 133 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

F13Words 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

F14S. 483A(3)(a)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(5), 173(4); S.I. 2009/1513, art. 3

F15Words in s. 483A(4) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(6), 173(4); S.I. 2009/1513, art. 3

F17S. 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

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