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Version Superseded: 01/09/2001
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Education Act 1996, Section 408 is up to date with all changes known to be in force on or before 30 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.
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(1)Regulations may require, in relation to every main|tained 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 [F1or Part V of the Education Act 1997][F2or section 96 of the Learning and Skills Act 2000], and
[F3(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 [F4such classes or descriptions of pupils] as may be prescribed (including results of the kind mentioned in paragraph (c)). [F5, and
F5(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.]
[F6(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)sections 350 to 368;
[F7(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 [F8390] to 392;
(e)sections 394 to 396;
(f)sections 398,400, 401 and 405; and
(g)section 409.
(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 this Part 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.
Textual Amendments
F1Words 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
F2Words in s. 408(1)(a) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(2) (with s. 150)
F3S. 408(1)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F4Words 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
F5S. 408(2)(e) and preceding ", and" inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(3) (with s. 150)
F6S. 408(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F7S. 408(4)(b)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(d)(i), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F8Word 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))
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