- Latest available (Revised)
- Point in Time (20/11/1998)
- Original (As enacted)
Version Superseded: 01/02/1999
Point in time view as at 20/11/1998.
Education Act 1996, Chapter I is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Regulations shall prescribe the standards to which the premises of schools maintained by local education authorities and of grant-maintained schools 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.
(3)Where a school is a grant-maintained school, the governing body shall secure that the school premises conform to the prescribed standards.
(4)Subsections (2) and (3) have effect subject to section 543.
(1)Where subsection (2), (3) or (4) 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.
(5)In this section “prescribed requirement” means a requirement of regulations under section 542.
(1)Regulations may make provision requiring the Secretary of State’s approval (or, in such cases as may be prescribed, the approval of the funding authority) 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,
(b)any grant-maintained school, and
(c)any special school not maintained by a local education authority.
(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 M1Education Reform Act 1988, or
(b)particulars given in pursuance of section 428(2)(b).
Marginal Citations
(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,
(b)any grant-maintained school, and
(c)any special school not maintained by a local education authority.
(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, or
(b)any grant-maintained school.
(3)If—
(a)a police constable, or
(b)(subject to subsection (5)) a person whom a local education authority have 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.
(4)The power conferred by subsection (3) may also be exercised, in relation to premises of an aided, special agreement or grant-maintained school, by a person whom the governing body have authorised to exercise it.
(5)A local education authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of a voluntary or grant-maintained school without first obtaining the consent of the governing body.
(6)Subject to subsection (7), no proceedings for an offence under this section shall be brought by any person other than—
(a)a police constable, or
(b)a local education authority.
(7)Proceedings for an offence under this section committed on premises of an aided, special agreement or grant-maintained school may be brought by a person whom the governing body have authorised to bring such proceedings.
(8)A local education authority may not bring proceedings for an offence under this section committed on premises of a voluntary or grant-maintained school without first obtaining the consent of the governing body.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: