http://www.legislation.gov.uk/id/ukpga/1996/56/schedule/40

SCHEDULES

F1SCHEDULE 40

Annotations:

Amendments (Textual)

Sch. 40 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(g), Sch. 31 (with ss. 138(9), 144(6)); S. I. 1998/2212, art. 2, Sch. 1 Pt.I

Compulsory school age: general

1

Until the day appointed under section 583(3) for the coming into force of section 8—

a

this paragraph shall have effect for defining “compulsory school age” for the purposes of this Act; and

b

in the enactments to which Part II of Schedule 37 relates or any other enactment, or in any instrument or document—

i

any reference (however expressed) to compulsory school age within the meaning of the Education Act 1944 shall be construed as a reference to compulsory school age as defined by this paragraph, and

ii

any reference to section 9 of the M1Education Act 1962 shall be construed as reference to sub-paragraphs (3) to (7) of this paragraph.

2

“Compulsory school age” means any age between five and 16, so that—

a

a person is of compulsory school age if he has attained the age of five and is under the age of 16, and

b

a person is over compulsory school age if he has attained the age of 16.

3

The following provisions apply in relation to a person who attains the age of 16 on a day when either—

a

he is a registered pupil at a school, or

b

not being such a pupil, he has been a registered pupil at a school within the preceding period of 12 months.

4

If he attains that age within the period from the beginning of September to the end of January, he shall be treated for the purposes of this paragraph as not having attained it until the end of the following spring term at his school (that is, the last term at his school to end before the following May).

5

If he attains that age after the end of January but before the May school-leaving date (that is, the Friday before the last Monday in May), he shall be treated for the purposes of this paragraph as not having attained it until the May school-leaving date.

6

If he attains that age after the May school-leaving date but before the beginning of September, he shall be treated for the purposes of this paragraph as having attained it on the May school-leaving date.

7

In sub-paragraph (4) the references to a person’s school are to the last school at which he is a registered pupil for a term ending before the May referred to in that sub-paragraph or for part of such a term.