Education Act 1996 (c. 56)

Part VI E+W School admissions, attendance and charges

[F1 Chapter III E+W Charges in connection with education at maintained schools]

Textual Amendments

F1 Pt. VI Ch. III heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

C1 Pt. 6 Ch. 3 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(3)

Prohibition of charges E+W

451 Prohibition of charges for provision of education. E+W

(1) F2 ... This section applies in relation to education provided at any maintained school for a registered pupil at the school.

(2) Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

[F3 (2A) Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

(a) early years provision provided in pursuance of the duty imposed by section 7 of that Act, F4 ...

(b) early years provision for a pupil who is of compulsory school age.] [F5 or

(c) early years provision provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision).]

(3) [F6 Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

(a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b) provided in pursuance of a duty imposed by [F7 or under the Curriculum and Assessment (Wales) Act 2021.]]

[F6 Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.]

(4) Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

(a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b) provided in pursuance of a duty imposed by [F8 section 88 [F9 or 109] of the Education Act 2002] or [F10 section 69 of the School Standards and Framework Act 1998] [F11 or

(c) provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006] [F12 , or

(d) provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.]

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in s. 451(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3 S. 451(2A) inserted (1.10.2007) by Childcare Act 2006 (c. 21), ss. 17(2), 109(2); S.I. 2007/2717, art. 2(a)

F4 Word in s. 451(2A)(a) omitted (10.1.2017) by virtue of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(2)(a)

F5 S. 451(2A)(c) and word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(2)(b)

F6 S. 451(3) substituted (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 56(1), 188(3); S.I. 2007/935, art. 6(b) (with transitional provisions and savings in S.I. 2007/1271, art. 5)

F7 Words in s. 451(3)(b) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(8)(a)

F8 Words in s. 451(4)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F9 Words in s. 451(4)(b) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(8)(b)(i)

F10 Words in s. 451(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 120(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F11 S. 451(4)(c) and word inserted (1.10.2007) by Childcare Act 2006 (c. 21), ss. 17(3), 109(2); S.I. 2007/2717, art. 2(a)

F12 S. 451(4)(d) and word inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(8)(b)(ii)

F13 S. 451(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(d), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2 S. 451(1) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

C3 S. 451(2) excluded (E.) (1.9.2012) by The Education (Charges for Early Years Provision) Regulations 2012 (S.I. 2012/962), regs. 1(1), 2(1)