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.

A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).

A registrar shall supply to a F1local 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 F5for the purpose of the exercise of their education functions.

This section has effect subject to section 445(3).

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.

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.

For the purposes of subsection (1) “the excepted provisions” are—

• section 349;

• F14...

• section 489(3);

• section 497; and

• section 545.

A statutory instrument containing any order made by the Secretary of State under this Act, other than F15an order to which subsection (3A) applies or an order under—

• F16section 354(6), 355(2)(a), 356(2)(c) or 401,

• F17. . .

• section 554,

• section 583(3) or (4), or

• Schedule 40,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument which contains (alone or with other provision) an order under section 532B(1) (direct payments: pilot schemes) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

F19No 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.

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.

Any power of the Secretary of State F21or the Welsh Ministers to make regulations under this Act shall be exercised by statutory instrument.

A statutory instrument containing regulations under this Act F22made by the Secretary of State , F23other than one falling within subsection (2A), F24..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument which contains (whether alone or with other provision) regulations under section F26550ZA(3)(f) or 550ZC(7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing regulations under sections 332ZC, 332AA, 332BA, 332BBF28, 336, 444A or 444B made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

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

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 F30or the Welsh Ministers think fit .

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.

Subsection (5) does not apply to regulations under section 579(4).

Any power of the Welsh Ministers to make regulations under Chapter 5A shall be exercised by statutory instrument.

A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.

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, F34. . . or the F1local authority, as the case may be.

The Secretary of State shall publish any guidance given by him for the purposes of any F35provision of this Act in such manner as he thinks fit.

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

In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.

The following provisions apply for the purposes of this Act except where the context otherwise requires.

References to the alteration of school premises include making improvements, extensions or additions to the premises; F39. . ..

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.

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

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

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

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

In subsection (1) “parental responsibility” has the same meaning as in the M2Children Act 1989.

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.

In this Act, unless the context otherwise requires—

• F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F67“Academy” means F68an educational institution to which Academy arrangements relate;

• F67“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;

• F67“Academy order” means an order under section 4 of that Act;

• F69 “Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;

• F70“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

• “boarder” includes a pupil who boards during the week but not at weekends;

• “child” means a person who is not over compulsory school age;

• “clothing” includes footwear;

• F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F71“education functions” means the functions specified in Schedule 36A;

• “financial year” means a period of twelve months ending with 31st March;

• “functions” includes powers and duties;

• F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “head teacher” includes acting head teacher;

• “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

• F72“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

• “land” includes buildings and other structures, land covered with water, and any interest in land;

• “liability” includes obligation;

• F73“local authority” means—

  1. (a)

     a local authority in England;

  2. (b)

     a local authority in Wales;

• “local authority in England” means—

  1. (a)

     a county council in England;

  2. (b)

     a metropolitan district council;

  3. (c)

     a non-metropolitan district council for an area for which there is no county council;

  4. (d)

     a London borough council; and

  5. (e)

     the Common Council of the City of London (in their capacity as a local authority);

• “local authority in Wales” means—

  1. (a)

     a county council in Wales; and

  2. (b)

     a county borough council;

• F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local government elector” has the meaning given by section 270(1) of the M15Local Government Act 1972;

• F74“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;

• “medical officer”, in relation to a F1local authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

• “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

• F75“the National Curriculum”(without more) means—

  1. (a)

     in relation to England, the National Curriculum for England, and

  2. (b)

     in relation to Wales, the National Curriculum for Wales;

• “premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

• “prescribed” F76(except in Chapter 5A) means prescribed by regulations;

• “proprietor”, in relation to a school F77or a 16 to 19 Academy , means the person or body of persons responsible for the management of the school F78or Academy (so that, in relation to F79a community, foundation or voluntary or community or foundation special school F80or a maintained nursery school, , F81or a maintained nursery school, it means the governing body);

• F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “regulations” F82(except in Chapter 5A) means regulations made by the Secretary of State;

• F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F83“sex education” includes education about—

  1. (a)

     Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

  2. (b)

     any other sexually transmitted disease;

• “school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—

  1. (a)

     as a caretaker’s dwelling,

  2. (b)

     for use in connection with playing fields,

  3. (c)

     to afford facilities F84for the carrying out of functions under F85paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or

  4. (d)

     to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

• “school day”, in relation to a school, means any day on which at that school there is a school session;

• F86“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

• F87“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;

• “young person” means a person over compulsory school age but under the age of 18.

References in this Act to an interest in land include any easement, right or charge in, to or over land.

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

For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular F1local 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.

For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.

For the purposes of this Act a school shall be regarded as “assisted” by a F1local 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.

Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a F1local 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.

The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.

The transitional and saving provisions contained in Schedule 39 shall have effect.

The transitory provisions contained in Schedule 40 shall have effect.

This Act may be cited as the Education Act 1996.

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).

The following provisions—

• section 8,

• section 317(6),

• section 348,

• section 528,

• Part II of Schedule 37 and section 582(1) so far as relating thereto, and

• Part II of Schedule 38 and section 582(2) so far as relating thereto,

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.

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 M16Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

Subject to subsections (7) and (8), this Act extends to England and Wales only.

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.

Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.