Education Act 1997

1997 CHAPTER 44

An Act to amend the law relating to education in schools and further education in England and Wales; to make provision for the supervision of the awarding of external academic and vocational qualifications in England, Wales and Northern Ireland; and for connected purposes.

[21st March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 For the extent of this Act, see s. 58(5)-(7); amendments and repeals of enactments extending to S. and N.I. are co-extensive with those enactments.

Modifications etc. (not altering text)

C1 Act: functions transferred (1.7.1999) in relation to specified provisions by S.I. 1999/672, art. 2, Sch.1

Act applied (E.W.) (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

Part I E+W Assisted places scheme

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 1 repealed (1.9.1997) by 1997 c. 59, ss. 6(3), 7(3)(a), Sch. Pt.I (with s. 1(3))

Part II U.K. School discipline

Responsibility for discipline U.K.

2 Responsibility for discipline: LEA-maintained schools. E+W

For section 154 of the Education Act 1996 there shall be substituted—

“154 Responsibility of governing body and head teacher for discipline.

(1) The governing body of a county, voluntary or maintained special school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate;

and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(3) Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—

(a) the head teacher; and

(b) parents of registered pupils at the school.

(4) The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority;

(b) encouraging good behaviour and respect for others on the part of pupils;

(c) securing that the standard of behaviour of pupils is acceptable; and

(d) otherwise regulating the conduct of pupils.

(5) The head teacher shall, in determining such measures—

(a) act in accordance with the current statement made by the governing body under subsection (2)(a); and

(b) have regard to any notification or guidance given to him under subsection (2)(b).

(6) The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

(7) The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—

(a) he shall make the measures generally known within the school and to parents of registered pupils at the school; and

(b) he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed at the school.

(8) The governing body and the head teacher shall, before any measures are determined under subsection (4), consult the local education authority on any matter arising from the proposed measures which can reasonably be expected—

(a) to lead to increased expenditure by the authority, or

(b) to affect the responsibilities of the authority as an employer.”

Commencement Information

I1 S. 2 wholly in force at 1.4.1998 see s. 58(3) and S.I. 1998/386, arts. 2(2), 4, Sch. 1 Pt. II, Sch. 2 Pt. I para. 2 (subject to transitional provisons in Sch. 2 Pt.I para. 2)

3 Responsibility for discipline: grant-maintained and grant-maintained special schools. U.K.

(1) After section 306 of the M1 Education Act 1996 there shall be inserted—

“ Discipline U.K.

306A Responsibility of governing body and head teacher for discipline.

(1) The governing body of a grant-maintained school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate;

and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(3) Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—

(a) the head teacher; and

(b) parents of registered pupils at the school.

(4) The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority;

(b) encouraging good behaviour and respect for others on the part of pupils;

(c) securing that the standard of behaviour of pupils is acceptable; and

(d) otherwise regulating the conduct of pupils.

(5) The head teacher shall, in determining such measures—

(a) act in accordance with the current statement made by the governing body under subsection (2)(a); and

(b) have regard to any notification or guidance given to him under subsection (2)(b).

(6) The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

(7) The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—

(a) he shall make the measures generally known within the school and to parents of registered pupils at the school; and

(b) he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed at the school.”

(2) In Schedule 28 to that Act (government and conduct of grant-maintained special schools), in paragraph 15 (application of section 307 to such schools) for “Section” there shall be substituted “ Each of sections 306A (responsibility for discipline) and ”.

Commencement Information

I2 S. 3 wholly in force at 1.4.1998 see s. 58(3) and S.I. 1998/386, arts. 2(2), 4, Sch. 1 Pt. II, Sch. 2 Pt. I para. 2 (subject to transitional provisions in Sch. 2 Pt. I para. 2)

Marginal Citations

M1 1996 c. 56.

Valid from 01/09/1998

Power to restrain pupils U.K.

4 Power of members of staff to restrain pupils. U.K.

After section 550 of the M2 Education Act 1996 there shall be inserted—

“ Power to restrain pupils U.K.

550A Power of members of staff to restrain pupils.

(1) A member of the staff of a school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c) engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

(2) Subsection (1) applies where a member of the staff of a school is—

(a) on the premises of the school, or

(b) elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned;

but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548.

(3) Subsection (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this section.

(4) In this section—

• “member of the staff”, in relation to a school, means any teacher who works at the school and any other person who, with the authority of the head teacher, has lawful control or charge of pupils at the school;

• “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.”

Marginal Citations

M2 1996 c. 56.

Valid from 01/09/1998

Detention U.K.

5 Detention outside school hours lawful despite absence of parental consent. U.K.

After the section 550A inserted in the M3 Education Act 1996 by section 4 of this Act there shall be inserted—

“ Detention U.K.

550B Detention outside school hours lawful despite absence of parental consent.

(1) Where a pupil to whom this section applies is required on disciplinary grounds to spend a period of time in detention at his school after the end of any school session, his detention shall not be rendered unlawful by virtue of the absence of his parent’s consent to it if the conditions set out in subsection (3) are satisfied.

(2) This section applies to any pupil who has not attained the age of 18 and is attending—

(a) a school maintained by a local education authority;

(b) a grant-maintained or grant-maintained special school; or

(c) a city technology college or city college for the technology of the arts.

(3) The conditions referred to in subsection (1) are as follows—

(a) the head teacher of the school must have previously determined, and have—

(i) made generally known within the school, and

(ii) taken steps to bring to the attention of the parent of every person who is for the time being a registered pupil there,

that the detention of pupils after the end of a school session is one of the measures that may be taken with a view to regulating the conduct of pupils;

(b) the detention must be imposed by the head teacher or by another teacher at the school specifically or generally authorised by him for the purpose;

(c) the detention must be reasonable in all the circumstances; and

(d) the pupil’s parent must have been given at least 24 hours’ notice in writing that the detention was due to take place.

(4) In determining for the purposes of subsection (3)(c) whether a pupil’s detention is reasonable, the following matters in particular shall be taken into account—

(a) whether the detention constitutes a proportionate punishment in the circumstances of the case; and

(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i) the pupil’s age,

(ii) any special educational needs he may have,

(iii) any religious requirements affecting him, and

(iv) where arrangements have to be made for him to travel from the school to his home, whether suitable alternative arrangements can reasonably be made by his parent.

(5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude a notice from being given to a pupil’s parent under this section by any other effective method.”

Commencement Information

I3 S. 5 wholly in force at 1.9.1998 see s. 58(3) and S.I. 1998/386, arts. 2(4), 4, Sch. 1 Pt. IV, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

Marginal Citations

M3 1996 c. 56.

Valid from 01/09/1998

Exclusion of pupils from school U.K.

6 Variation of limit on fixed-period exclusions: all maintained schools. E+W

(1) In section 156 of the M4 Education Act 1996 (exclusion of pupils from county, voluntary or maintained special school), in subsection (2) (which imposes a limit on fixed-period exclusions of 15 school days per term), for “15 school days in any one term” there shall be substituted “ 45 school days in any one school year ”.

(2) In section 307 of that Act (exclusion of pupils from grant-maintained school), in subsection (1) (which also imposes a limit on fixed-period exclusions of 15 school days per term), for “15 school days in any one term” there shall be substituted “ 45 school days in any one school year ”.

Commencement Information

I4 Ss. 6-8 wholly in force at 1.9.1998 see s. 58(3) and S.I. 1998/386, arts. 2(4), 4, Sch. 1 Pt. IV, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

Marginal Citations

M4 1996 c. 56.

7 Exclusion or reinstatement appeals: LEA-maintained schools. U.K.

(1) Schedule 16 to the M5 Education Act 1996 (appeals against exclusion or reinstatement of pupils) shall be amended as follows.

(2) After paragraph 7 there shall be inserted—

“7A (1) For the purpose of fixing the time (falling within the period mentioned in paragraph 7) at which the hearing of an appeal is to take place, the body mentioned in that paragraph shall take reasonable steps to ascertain any times falling within that period when—

(a) the relevant person, or

(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 8 or 9,

would be able to attend.

(2) Where in accordance with sub-paragraph (1) that body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.”

(3) For paragraph 8 there shall be substituted—

“8 (1) On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2) On such an appeal the committee shall allow—

(a) the head teacher to make written representations and to appear and make oral representations,

(b) the local education authority and the governing body to make written representations,

(c) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and

(d) the governing body to be represented.”

(4) After paragraph 12 there shall be inserted—

“12A (1) In deciding—

(a) whether the pupil in question should be reinstated (and, if so, the time when this should take place), or

(b) whether any direction for the reinstatement of the pupil in question should be confirmed,

an appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

(2) In making any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).

(3) Sub-paragraphs (1) and (2) do not apply where an appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4) Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.”

Commencement Information

I5 Ss. 6-8 wholly in force at 1.9.1998 see s. 58(3) and S.I. 1998/386, arts. 2(4), 4, Sch. 1 Pt. IV, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

Marginal Citations

M5 1996 c. 56.

8 Exclusion appeals: grant-maintained and grant-maintained special schools. U.K.

(1) After section 307 of the M6 Education Act 1996 there shall be inserted—

“307A Exclusion appeals.

Schedule 25A to this Act has effect in relation to the procedure on any appeal which—

(a) is made in pursuance of arrangements made by the governing body of a grant-maintained school by virtue of paragraph 6(1) and (2) of Schedule 23 (content of articles of government), and

(b) relates to a decision not to reinstate a pupil who has been permanently excluded from the school.”

(2) After Schedule 25 to that Act there shall be inserted as Schedule 25A the Schedule set out in Schedule 1 to this Act.

(3) At the end of Schedule 28 to that Act (government and conduct of grant-maintained special schools) there shall be added—

“16 Section 307A and Schedule 25A (exclusion appeals) apply in relation to a grant-maintained special school as they apply in relation to a grant-maintained school, but as if any reference in those provisions to any provision of Schedule 23 were a reference to that provision as it applies in accordance with regulations under paragraph 14 above.”

Commencement Information

I6 Ss. 6-8 wholly in force at 1.9.1998 see s. 58(3) and S.I. 1998/386, arts. 2(4), 4, Sch. 1 Pt. IV, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

Marginal Citations

M6 1996 c. 56.

LEA plans U.K.

9 LEA plans relating to children with behavioural difficulties. U.K.

After section 527 of the Education Act 1996 there shall be inserted—

“ Plans relating to children with behavioural difficulties U.K.

527A Duty of LEA to prepare plan relating to children with behavioural difficulties.

(1) Every local education authority shall prepare, and from time to time review, a statement setting out the arrangements made or proposed to be made by the authority in connection with the education of children with behavioural difficulties.

(2) The arrangements to be covered by the statement include in particular—

(a) the arrangements made or to be made by the authority for the provision of advice and resources to relevant schools, and other arrangements made or to be made by them, with a view to—

(i) meeting requests by such schools for support and assistance in connection with the promotion of good behaviour and discipline on the part of their pupils, and

(ii) assisting such schools to deal with general behavioural problems and the behavioural difficulties of individual pupils;

(b) the arrangements made or to be made by the authority in pursuance of section 19(1) (exceptional provision of education for children not receiving education by reason of being excluded or otherwise); and

(c) any other arrangements made or to be made by them for assisting children with behavioural difficulties to find places at suitable schools.

(3) The statement shall also deal with the interaction between the arrangements referred to in subsection (2) and those made by the authority in relation to pupils with behavioural difficulties who have special educational needs.

(4) In the course of preparing the statement required by this section or any revision of it the authority shall carry out such consultation as may be prescribed.

(5) The authority shall—

(a) publish the statement in such manner and by such date, and

(b) publish revised statements in such manner and at such intervals,

as may be prescribed, and shall provide such persons as may be prescribed with copies of the statement or any revised statement.

(6) In discharging their functions under this section a local education authority shall have regard to any guidance given from time to time by the Secretary of State.

(7) In this section “relevant school”, in relation to a local education authority, means—

(a) a school maintained by the authority (whether situated in their area or not), or

(b) a grant-maintained or grant-maintained special school situated in their area.”

Part III U.K. School admissions

Chapter I U.K. County and voluntary schools

Partially-selective schools U.K.

10 Restriction of right to refuse admission to partially-selective school. E+W

In section 411(3) of the M7 Education Act 1996 (cases where parental preference need not be complied with), for paragraph (c) there shall be substituted—

“(c) if the arrangements for admission to the preferred school—

(i) are wholly based on selection by reference to ability or aptitude, and

(ii) are so based with a view to admitting only pupils with high ability or with aptitude,

and compliance with the preference would be incompatible with selection under those arrangements.”

Marginal Citations

M7 1996 c. 56.

Children permanently excluded from two or more schools E+W

11 No requirement to admit children permanently excluded from two or more schools. E+W

After section 411 of the Education Act 1996 there shall be inserted—

“411A No requirement to admit children permanently excluded from two or more schools.

(1) The duty imposed by section 411(2) does not apply in the case of a child to whom subsection (2) applies.

(2) Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

(3) Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.

(4) However, a child shall not be regarded as permanently excluded from a school for the purposes of this section if—

(a) although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or

(b) he was so excluded at a time when he had not attained compulsory school age.

(5) In this section “school” means—

(a) a school maintained by a local education authority; or

(b) a grant-maintained or grant-maintained special school.

(6) This section does not apply in relation to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after the date of the coming into force of section 11 of the Education Act 1997.

(7) For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.”

12 Appeals in the case of children permanently excluded from two or more schools. E+W

(1) After section 423 of the M8 Education Act 1996 there shall be inserted—

“423A Appeals relating to children to whom section 411A(2) applies.

(1) Nothing in section 423(1) or (2) requires any arrangements to be made for enabling the parent of a child to appeal against a decision—

(a) made by or on behalf of the admission authority for a county or voluntary school, and

(b) refusing the child admission to the school,

in a case where, at the time when the decision is made, section 411A(2) applies to the child.

(2) Where a local education authority are the admission authority for a county or controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 411A(2) applies.

(3) Schedule 33A shall have effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (2).

(4) The decision of an appeal committee on an appeal made pursuant to arrangements under subsection (2) shall be binding—

(a) on the local education authority by or on whose behalf the decision under appeal was made, and

(b) on the governing body of any county or controlled school at which the appeal committee determines that a place should be offered to the child in question.”

(2) After Schedule 33 to the Education Act 1996 there shall be inserted as Schedule 33A the Schedule set out in Schedule 2 to this Act.

Marginal Citations

M8 1996 c. 56.

Prospective

Home-school partnership documents U.K.

F2 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 Pt. III (ss. 10-14) repealed (1.2.1999 to the extent that it relates to the repeal of s. 13 of the amended Act) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(3), Sch.1 Pt. III

Chapter II U.K. Grant-maintained schools

14 Corresponding provisions about admissions to grant-maintained schools. E+W

(1) After section 425 of the M9 Education Act 1996 there shall be inserted—

“425A Restrictions on admissions to grant-maintained schools.

Schedule 33B to this Act, which provides for restrictions on admissions to grant-maintained schools in connection with—

(a) home-school partnership documents,

(b) partially-selective schools, and

(c) persons permanently excluded from two or more schools,

shall have effect.”

(2) After the Schedule 33A to the Education Act 1996 inserted by section 12 of this Act there shall be inserted as Schedule 33B the Schedule set out in Schedule 3 to this Act.

Commencement Information

I7 S. 14 partly in force at 1.9.1997; s. 14 not in force at Royal Assent see s. 58(3); s. 14 in force to the extent that it relates to paragraphs 3 and 4 of the Schedule inserted as Schedule 33B to the 1996 Act set out in Schedule 3 to this Act at 1.9.1997 by S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II

Marginal Citations

M9 1996 c. 56.

Part IV U.K. Baseline assessments and pupils’ performance

Chapter I E+W Baseline assessments

15 Introductory. E+W

In this Chapter—

• “baseline assessment scheme” means a scheme designed to enable pupils at a maintained primary school to be assessed for the purpose of assisting the future planning of their education and the measurement of their future educational achievements;

• “designated” means designated by the Secretary of State; and

• “maintained primary school” means a primary school which is—

  (a)

  a county or voluntary school,

  (b)

  a grant-maintained school, or

  (c)

  a maintained or grant-maintained special school (other than one established in a hospital),

  or (in relation only to Wales) a maintained nursery school.

16 Adoption of baseline assessment schemes. E+W

(1) The governing body of each maintained primary school with pupils who are required to be assessed under section 17 shall adopt a baseline assessment scheme for the school in accordance with the following provisions of this section; but subsections (2) to (5) below have effect subject to subsection (6).

(2) A baseline assessment scheme may be so adopted if (and only if) the scheme has been accredited by a designated body in accordance with criteria determined with the approval of the Secretary of State, and published, by that body.

(3) A local education authority may prepare, and seek accreditation of, a baseline assessment scheme with a view to its being adopted by the governing bodies of primary schools maintained by the authority.

(4) Each local education authority shall select an accredited baseline assessment scheme which they consider suitable to be so adopted (and which may be a scheme prepared by them under subsection (3)).

(5) However, in the case of any particular maintained primary school, the baseline assessment scheme which is to be adopted for the school under this section by its governing body shall be such scheme to which subsection (2) applies as is chosen—

(a) by the head teacher after consulting the governing body; or

(b) if such a scheme is not so chosen by him within a reasonable time, by the governing body;

and, when choosing the scheme to be adopted for a school which is maintained by a local education authority, the head teacher or (as the case may be) the governing body shall ensure that the scheme selected by the authority under subsection (4) is considered (whether on its own or with any other schemes).

(6) The Secretary of State may by order require the governing body of each maintained primary school with pupils who are required to be assessed under section 17 to adopt for their school such baseline assessment scheme as is referred to in the order; and so long as any such order is in force subsections (2) to (5) above shall not apply.

Commencement Information

I8 S. 16 wholly in force at 1.4.1999; s. 16 not in force at Royal Assent see s. 58(3); s. 16(2)(3)(6) in force at 1.11.1997 and s.16(4) in force at 1.11.1997 in its application to England by S.I. 1997/1468, art. 2, Sch. 1 Pt. IV; s. 16(1)(5) in force at 1.4.1998 to the extent to which those subsections apply to England and s. 16(4) in force at 1.11.1998 to the extent that that subsection applies to Wales and s. 16(1)(5) in force at 1.4.1999 to the extent that those subsections apply to Wales by S.I. 1998/386, art. 2, Sch.1 Pts. II,V,VI

17 Assessment of pupils in accordance with scheme. E+W

(1) Subject to subsections (3) and (4), all pupils at a maintained primary school who are at the relevant stage of their education must be assessed in accordance with a baseline assessment scheme adopted for the school under section 16.

(2) The assessment must be completed before the end of the prescribed period.

(3) Subsection (1) does not apply to a pupil if it appears to the head teacher from a record of a previous assessment under that subsection that such an assessment has already been carried out in relation to the pupil at another school.

(4) Regulations may enable a head teacher of a maintained primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct—

(a) that subsection (1) is not to apply to a particular registered pupil at the school, or

(b) that, for the purposes of the assessment under that subsection of a particular registered pupil at the school, the school’s baseline assessment scheme is to have effect with such modifications as are specified in the direction.

(5) Where the head teacher gives such a direction he shall notify—

(a) the governing body, and

(b) if the school is maintained by a local education authority, that authority,

of the matters set out in subsection (6); and he shall take such steps as are prescribed to notify a parent of the pupil concerned of those matters.

(6) The matters referred to in subsection (5) are—

(a) the fact that the head teacher has given the direction in question and his reasons for doing so;

(b) in the case of a direction under subsection (4)(b), the effect of the modifications specified in the direction; and

(c) whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).

(7) In relation to any maintained primary school—

(a) the governing body and (except in the case of a grant-maintained or grant-maintained special school) the local education authority shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that subsection (1) is complied with.

(8) Regulations shall prescribe the circumstances in which a pupil is to be regarded as being at the relevant stage of his education for the purposes of subsection (1), and any such circumstances may be framed by reference to, or to matters which include, the pupil’s age.

Commencement Information

I9 S. 17 wholly in force at 1.9.1999; s. 17 not in force at Royal Assent see s. 58(3); s. 17(4)(8) in force at 1.11.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. IV; s. 17(1)-(3),(5)-(7) in force at 1.8.1998 to the extent that those subsections apply to England and in force at 1.9.1999 to the extent that those subsections apply to Wales by S.I. 1998/386, art. 2, Sch. 1 Pts. III, VII

18 Regulations for purposes of this Chapter. E+W

(1) The Secretary of State may by regulations confer or impose such functions—

(a) on the governing body and the head teacher of a maintained primary school,

(b) (except in relation to any grant-maintained or grant-maintained special school) on a local education authority, and

(c) on a designated body,

as appear to him to be required in connection with any provision of this Chapter.

(2) Regulations under this section may in particular make provision requiring—

(a) the local education authority, or (in the case of a grant-maintained or grant-maintained special school) a designated body, to be notified—

(i) of the baseline assessment scheme for the time being adopted for any maintained primary school with pupils who are required to be assessed under section 17, and

(ii) where any assessment has been carried out under that section at any such school, that it has been so carried out;

(b) the results of any assessments carried out under that section to be recorded and notified—

(i) to such persons as are specified in the regulations, and

(ii) where the pupils in question transfer to other schools, to those other schools.

(3) Regulations under this section may also make provision requiring a local education authority—

(a) to notify a designated body of any assessments notified to the authority in pursuance of regulations under subsection (2)(a)(ii); and

(b) to collect other information relating to assessments carried out under section 17 at schools maintained by the authority and to forward such information to a designated body.

Chapter II U.K. Pupils’ performance

19 School performance targets. E+W

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for requiring the governing bodies of maintained schools to secure that annual targets are set in respect of the performance of pupils—

(a) in public examinations or in assessments for the purposes of the National Curriculum, in the case of pupils of compulsory school age; or

(b) in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2) Regulations under this section may require—

(a) such targets, and

(b) the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

(3) In this section “maintained school” means—

(a) a county or voluntary school;

(b) a grant-maintained school; or

(c) a maintained or grant-maintained special school (other than one established in a hospital).

20 Provision of information about individual pupils’ performance. E+W

After section 537 of the M10 Education Act 1996 there shall be inserted—

“537A Provision of information about individual pupils’ performance.

(1) The Secretary of State may by regulations make provision requiring—

(a) the governing body of every school which is—

(i) maintained by a local education authority, or

(ii) a grant-maintained school, or

(iii) a special school which is not maintained by a local education authority, and

(b) the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2) In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a) in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b) in any prescribed public examination;

(c) in connection with the attainment of any vocational qualification; or

(d) in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3) The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a) to any prescribed body or person, or

(b) to any body or person falling within a prescribed category.

(4) Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a) may provide any information received by it under this subsection—

(i) to the Secretary of State, or

(ii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b) may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed.

(5) Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a) in any assessment or examination falling within subsection (2)(a), (b) or (d), or

(b) in connection with the attainment of any qualification falling within subsection (2)(c) or (d).

(6) No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7) References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.”

Marginal Citations

M10 1996 c. 56.

Part V U.K. Supervision of curriculum for schools and external qualifications

Chapter I E+W+N.I. The Qualifications and Curriculum Authority

Establishment of the Authority E+W+N.I.

21 The Qualifications and Curriculum Authority. E+W+N.I.

(1) There shall be a body corporate known as the Qualifications and Curriculum Authority.

(2) The Authority shall consist of not less than 8 nor more than 13 members appointed by the Secretary of State.

(3) Of the members of the Authority, the Secretary of State—

(a) shall appoint one as chairman, and

(b) may appoint another as deputy chairman.

(4) The Secretary of State shall include among the members of the Authority—

(a) persons who appear to him to have experience of, and to have shown capacity in, the provision of education, or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education;

(b) persons who appear to him to have experience of, and to have shown capacity in, the provision of training or to have held, and to have shown capacity in, any position carrying responsibility for the provision of training; and

(c) persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

(5) Schedule 4 has effect in relation to the Authority.

Functions of the Authority E+W+N.I.

22 General function of Authority to advance education and training. E+W+N.I.

(1) The functions conferred on the Qualifications and Curriculum Authority by this Part shall be exercised by the Authority for the purpose of advancing education and training in England and (so far as such functions are exercisable there) in Wales and in Northern Ireland.

(2) The Authority shall exercise their functions under this Part with a view to promoting quality and coherence in education and training in relation to which they have functions under this Part.

23 Functions of the Authority in relation to curriculum and assessment. E+W

(1) The Qualifications and Curriculum Authority shall have the functions set out in subsection (2) with respect to pupils of compulsory school age at maintained schools in England.

(2) The functions are—

(a) to keep under review all aspects of the curriculum for such schools and all aspects of school examinations and assessment;

(b) to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;

(d) to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e) to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; and

(f) so far as relevant to such schools, the functions conferred by section 24(2)(h) and (i).

(3) The Authority shall have, in relation to England, the function of developing learning goals and related materials for children who are receiving nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the M11 Nursery Education and Grant-Maintained Schools Act 1996.

(4) The Authority shall have, in relation to England, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a) if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b) any other function which may be conferred on the Authority by the Secretary of State.

(5) In this section—

• “assessment” includes examination and test; and

• “maintained school” means—

  (a)

  any county or voluntary school;

  (b)

  any grant-maintained school; and

  (c)

  any maintained or grant-maintained special school.

Marginal Citations

M11 1996 c. 50.

24 Functions of the Authority in relation to external vocational and academic qualifications. E+W+N.I.

(1) The Qualifications and Curriculum Authority shall have, in relation to England, the functions set out in subsection (2) with respect to external qualifications.

(2) The functions are—

(a) to keep under review all aspects of such qualifications;

(b) to advise the Secretary of State on such matters concerned with such qualifications as he may refer to them or as they may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with such qualifications;

(d) to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;

(e) to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

(f) to develop and publish criteria for the accreditation of such qualifications;

(g) to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

(h) if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and

(i) if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.

(3) Except to the extent that, by virtue of an order under section 30(1), they are for the time being exercisable with respect to such qualifications solely by the Qualifications, Curriculum and Assessment Authority for Wales, the functions set out in subsection (2)(a) to (g) shall be so exercisable in relation to Wales by the Qualifications and Curriculum Authority, and shall be so exercisable either—

(a) solely by the Authority, or

(b) if an order under section 30(1) so provides, by the Authority concurrently with the Qualifications, Curriculum and Assessment Authority for Wales.

(4) The functions set out in subsection (2)(a) to (g) shall also be exercisable by the Qualifications and Curriculum Authority in relation to Northern Ireland but only with respect to National Vocational Qualifications.

(5) Subsection (2)(a) to (e) do not apply to qualifications awarded or authenticated by institutions within the higher education sector other than those which have been submitted for accreditation under subsection (2)(g).

(6) In this section “external qualification” means—

(a) any academic or vocational qualification authenticated or awarded by an outside person, except an academic qualification at first degree level or any comparable or higher level; or

(b) (whether within paragraph (a) or not) any National Vocational Qualification.

(7) For the purposes of this section—

(a) a qualification is awarded by an outside person if the course of education or training leading to the qualification is provided by an institution or an employer and it is awarded by a person other than the institution or employer or a member of its or his staff; and

(b) a qualification is authenticated by an outside person if it is awarded by an institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.

25 Other functions of the Authority. E+W

(1) The Qualifications and Curriculum Authority shall advise the Secretary of State on such matters connected with the provision of education or training in England as the Secretary of State may specify by order.

(2) The Authority shall carry out such ancillary activities as the Secretary of State may direct.

(3) For the purposes of subsection (2) activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under this Part.

(4) The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as the Secretary of State may require.

26 Supplementary provisions relating to discharge by Authority of their functions. E+W+N.I.

(1) In carrying out their functions under this Part the Qualifications and Curriculum Authority shall—

(a) comply with any directions given by the Secretary of State; and

(b) act in accordance with any plans approved by him; and

(c) so far as relevant, have regard to—

(i) the requirements of section 351 of the M12 Education Act 1996 (general duties in respect of curriculum),

(ii) the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii) the requirements of persons with special learning needs.

(2) In carrying out those functions the Authority shall in addition have regard to information supplied to them by Her Majesty’s Chief Inspector of Schools in England or by any body designated by the Secretary of State for the purposes of this section.

(3) Where in carrying out any of their functions under this Part the Authority accredit or approve any qualification, they may do so on such terms (including terms as to payment) and subject to such conditions as they may determine.

(4) Those conditions may in particular include conditions—

(a) placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

(b) requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation or approval.

(5) Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.

(6) In this section “persons with special learning needs” means—

(a) children with special educational needs (as defined in section 312 of the M13 Education Act 1996); or

(b) persons (other than children as so defined) who—

(i) have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii) have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

Marginal Citations

M12 1996 c. 56.

M13 1996 c. 56.

Valid from 01/10/2002

[F3 26A Power of Authority to give directions E+W+N.I.

(1) If it appears to the Qualifications and Curriculum Authority—

(a) that any person (in this section referred to as “the awarding body”) who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b) that the failure—

(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(2) It shall be the duty of the awarding body to comply with any direction under this section.

(3) Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority—

(a) in England and Wales, by a mandatory order, or

(b) in Northern Ireland, by an order of mandamus.]

Textual Amendments

F3 S. 26A inserted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

Chapter II U.K. The Qualifications, Curriculum and Assessment Authority for Wales

Renaming of the Authority E+W

27 The Qualifications, Curriculum and Assessment Authority for Wales. E+W

(1) The body corporate known as Awdurdod Cwricwlwm ac Asesu Cymru shall continue in existence but, as from the commencement of this section, shall be known as Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales.

(2) The Authority shall consist of not less than 10 nor more than 15 members appointed by the Secretary of State.

(3) Of the members of the Authority, the Secretary of State—

(a) shall appoint one as chairman, and

(b) may appoint another as deputy chairman.

(4) The Secretary of State—

(a) shall include among the members of the Authority—

(i) persons who appear to him to have relevant knowledge or experience in education, and

(ii) persons who appear to him to have relevant knowledge or experience in training; and

(b) may include among those members persons who appear to him to have experience of occupations, trades or professions having an interest in education or training.

(5) Schedule 5 to this Act, which replaces Schedule 30 to the Education Act 1996, has effect in relation to the Authority.

Functions of the Authority E+W

28 General function of Authority to advance education and training. E+W

(1) The functions conferred on the Qualifications, Curriculum and Assessment Authority for Wales by this Part shall be exercised by the Authority for the purpose of advancing education and training in Wales.

(2) The Authority shall exercise their functions under this Part with a view to promoting quality and coherence in education and training in relation to which they have functions under this Part.

29 Functions of the Authority in relation to curriculum and assessment. E+W

(1) The Qualifications, Curriculum and Assessment Authority for Wales shall have the functions set out in subsection (2) with respect to pupils of compulsory school age at maintained schools in Wales.

(2) The functions are—

(a) to keep under review all aspects of the curriculum for such schools and all aspects of school examinations and assessment;

(b) to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;

(d) to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e) to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; and

(f) so far as relevant to such schools, the functions conferred by section 30(3).

(3) The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are receiving nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the M14 Nursery Education and Grant-Maintained Schools Act 1996.

(4) The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a) if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b) any other function which may be conferred on the Authority by the Secretary of State.

(5) In this section “assessment” and “maintained school” have the same meaning as in section 23.

Marginal Citations

M14 1996 c. 50.

30 Functions of the Authority in relation to external vocational and academic qualifications. E+W

(1) The Qualifications, Curriculum and Assessment Authority for Wales shall have, in relation to Wales, such functions with respect to external qualifications as are for the time being conferred on the Authority by an order made by the Secretary of State under this subsection or by subsection (3).

(2) The functions with respect to external qualifications which may be conferred on the Authority by an order under subsection (1) are functions falling within paragraphs (a) to (g) of section 24(2), and the functions in question may be so conferred so as to be exercisable either—

(a) solely by the Authority, or

(b) by the Authority concurrently with the Qualifications and Curriculum Authority.

(3) The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—

(a) if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and

(b) if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.

(4) Where an order under subsection (1) is made so as to come into force at any time after the day on which that subsection comes into force, the order may include provisions—

(a) for the transfer of staff, and

(b) for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with any function which, as a result of the order, is to be exercisable by the Authority (whether solely or concurrently).

(5) In this section “external qualification” has the same meaning as in section 24.

31 Other functions of the Authority. E+W

(1) The Qualifications, Curriculum and Assessment Authority for Wales shall advise the Secretary of State on such matters connected with the provision of education or training in Wales as the Secretary of State may specify by order.

(2) The Authority shall carry out such ancillary activities as the Secretary of State may direct.

(3) For the purposes of subsection (2) activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under this Part.

(4) The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as the Secretary of State may require.

32 Supplementary provisions relating to discharge by Authority of their functions. E+W

(1) In carrying out their functions under this Part the Qualifications, Curriculum and Assessment Authority for Wales shall—

(a) comply with any directions given by the Secretary of State; and

(b) act in accordance with any plans approved by him; and

(c) so far as relevant, have regard to—

(i) the requirements of section 351 of the M15 Education Act 1996 (general duties in respect of curriculum),

(ii) the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii) the requirements of persons with special learning needs.

(2) In carrying out those functions the Authority shall in addition have regard to information supplied to them by Her Majesty’s Chief Inspector of Schools in Wales or by any body designated by the Secretary of State for the purposes of this section.

(3) Where in carrying out any of their functions under this Part the Authority accredit or approve any qualification, they may do so on such terms (including terms as to payment) and subject to such conditions as they may determine.

(4) Those conditions may in particular include conditions—

(a) placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

(b) requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation or approval.

(5) Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.

(6) In this section “persons with special learning needs” has the same meaning as in section 26.

Marginal Citations

M15 1996 c. 56.

Valid from 19/12/2002

[F4 32A Power of Authority to give directions E+W

(1) If it appears to the Qualifications, Curriculum and Assessment Authority for Wales—

(a) that any person (in this section referred to as “the awarding body”) who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b) that the failure—

(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(2) It shall be the duty of the awarding body to comply with any direction under this section.

(3) Any direction under this section is enforceable, on the application of the Qualifications, Curriculum and Assessment Authority for Wales, by a mandatory order.]

Textual Amendments

F4 S. 32A inserted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 8 (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

Chapter III E+W+N.I. Provisions supplementary to Chapters I and II

Dissolution of existing bodies E+W

33 Dissolution of existing bodies. E+W

The National Council for Vocational Qualifications and the School Curriculum and Assessment Authority are hereby dissolved.

Transfer of property and staff E+W+N.I.

34 Transfer of property. E+W+N.I.

(1) The Secretary of State may by order provide for the transfer to the Qualifications and Curriculum Authority, or (as the case may be) to the Qualifications, Curriculum and Assessment Authority for Wales, of—

(a) such of the land or other property of the National Council for Vocational Qualifications or the School Curriculum and Assessment Authority, and

(b) such of the rights and liabilities of either of those bodies (other than rights and liabilities arising under contracts of employment),

as, in his opinion, need to be transferred to enable the transferee Authority to carry out their functions properly.

(2) No order under subsection (1) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.

(3) Any order under subsection (1) made before the day on which section 21 comes into force shall come into force on that day.

(4) Where, immediately after the end of the period within which an order under subsection (1) may be made, any property, rights or liabilities remain vested in the National Council for Vocational Qualifications or the School Curriculum and Assessment Authority, they shall forthwith vest in the Secretary of State.

(5) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (2) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

35 Transfer of staff. E+W+N.I.

(1) This section applies to any person who—

(a) is employed by the National Council for Vocational Qualifications (“the NCVQ”) or the School Curriculum and Assessment Authority (“the SCAA”) immediately before section 21 comes into force, and

(b) is designated as respects the Qualifications and Curriculum Authority, or (as the case may be) the Qualifications, Curriculum and Assessment Authority for Wales, by order of the Secretary of State;

and in this section “the relevant Authority” means, in relation to any such person, the Authority as respects which he is designated by the order.

(2) A contract of employment between a person to whom this section applies and the NCVQ or the SCAA shall have effect, from the day on which the order under subsection (1)(b) comes into force, as if originally made between him and the relevant Authority.

(3) Without prejudice to subsection (2)—

(a) all the rights, powers, duties and liabilities of the NCVQ or the SCAA under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the relevant Authority on the day on which the order under subsection (1)(b) comes into force, and

(b) anything done before that day by or in relation to the NCVQ or the SCAA in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the relevant Authority.

(4) Subsections (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by subsection (2).

(5) In subsection (4) the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment with the NCVQ or the SCAA (as the case may be).

(6) An order under subsection (1)(b) may designate a person either individually or as falling within a class or description of employee.

(7) No order under subsection (1)(b) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.

(8) Any order under subsection (1)(b) made before the day on which section 21 comes into force shall come into force on that day.

(9) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (7) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Levy on bodies awarding accredited qualifications E+W+N.I.

36 Levy on bodies awarding qualifications accredited by relevant Authority. E+W+N.I.

(1) The Secretary of State may by regulations provide for a levy to be payable to the relevant Authority by persons who award vocational qualifications accredited by that Authority.

(2) Regulations under this section shall—

(a) specify the rate of the levy or the method by which it is to be calculated (and, without prejudice to the generality of section 54(3), may make different provision in relation to different cases);

(b) make provision as to the times when, and the manner in which, payments are to be made in respect of the levy;

(c) provide for the relevant Authority to withdraw their accreditation of a qualification in cases of non-payment of the levy.

(3) Any sums received by the relevant Authority in respect of the levy shall be applied by them in giving such financial assistance to other bodies as the Secretary of State may specify with a view to assisting that Authority to secure the development and improvement of standards in relation to vocational qualifications.

(4) In this section “the relevant Authority” means—

(a) the Qualifications and Curriculum Authority in the case of a qualification accredited by that Authority; and

(b) the Qualifications, Curriculum and Assessment Authority for Wales in the case of a qualification accredited by that Authority.

Chapter IV U.K. Control of certain courses leading to external qualifications

37 Requirement for approval of certain publicly-funded and school courses leading to external qualifications. E+W

(1) The Secretary of State may by regulations provide—

(a) that no course of study leading to an external qualification is to be provided with the use of any specified public funding, and

(b) that no course of study leading to an external qualification is to be provided for pupils of compulsory school age by or on behalf of a maintained school,

unless (in each case) the qualification is for the time being approved by the Secretary of State or a designated body in accordance with the regulations.

(2) Regulations under this section may in particular make provision—

(a) prescribing the conditions required to be satisfied before any qualification may be so approved and the circumstances in which any approval may be withdrawn;

(b) conferring functions on a designated body in relation to any such conditions; and

(c) imposing duties on governing bodies of institutions providing courses of study to which the regulations apply, and on head teachers, principals and other heads of such institutions, to secure compliance with the regulations.

(3) Regulations under this section shall not apply to—

(a) any course of study provided at an institution within the higher education sector; or

(b) any course of study leading to a qualification awarded or authenticated by any such institution.

(4) In this section—

• “designated” means designated by the Secretary of State;

• “external qualification” has the same meaning as in section 24;

• “maintained school” has the same meaning as in section 23; and

• “specified public funding” means public funding of such description as is specified in or determined in accordance with regulations under this section.

(5) Sections 400 and 401 of the M16 Education Act 1996 (courses leading to external qualifications provided at schools and further education institutions), which are superseded by this section, shall cease to have effect.

Commencement Information

I10 S. 37 partly in force; s. 37 not in force at Royal Assent see s. 58(3); s. 37(1)-(4) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1

Marginal Citations

M16 1996 c. 56.

Part VI U.K. Inspection of local education authorities and school inspections

Chapter I U.K. Inspection of local education authorities

38 Inspection of LEAs. E+W

(1) The Chief Inspector—

(a) may, and

(b) if requested to do so by the Secretary of State, shall,

arrange for any local education authority to be inspected under this section.

(2) An inspection of a local education authority under this section shall consist of a review of the way in which the authority are performing any function of theirs (of whatever nature) which relates to the provision of education—

(a) for persons of compulsory school age (whether at school or otherwise), or

(b) for persons of any age above or below that age who are registered as pupils at schools maintained by the authority.

(3) A request by the Secretary of State under this section may relate to one or more local education authorities, and shall specify both—

(a) the local education authority or authorities concerned, and

(b) the functions of theirs to which the inspection is to relate.

(4) Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5) Any inspection under this section shall be conducted—

(a) by one of Her Majesty’s Inspectors of Schools in England or (as the case may require) Wales, or

(b) by any additional inspector authorised under paragraph 2 of Schedule 1 to the M17 School Inspections Act 1996;

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6) For the purposes of this section a local education authority shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a) within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b) at such other times,

as regulations may provide.

(7) In this section and sections 39 to 41 “the Chief Inspector” means—

(a) in relation to a local education authority in England, Her Majesty’s Chief Inspector of Schools in England; and

(b) in relation to a local education authority in Wales, Her Majesty’s Chief Inspector of Schools in Wales;

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

Marginal Citations

M17 1996 c. 57.

39 Reports of inspections under s. 38 and action plan by LEA. E+W

(1) Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a) any local education authority to which the inspection relates; and

(b) the Secretary of State.

(2) Where a local education authority receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(3) The authority shall publish—

(a) the report, and

(b) the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4) The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.

40 Inspector’s rights of entry etc. E+W

(1) The inspector in the case of any inspection under section 38, and any person assisting him, shall have at all reasonable times—

(a) a right of entry to the premises of any local education authority to which the inspection relates, and

(b) a right to inspect, and take copies of, any records kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the exercise of his functions;

and section 42 of the M18 School Inspections Act 1996 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of this section as it applies for the purposes of Part I of that Act.

(2) Without prejudice to subsection (1) above, a local education authority to which an inspection under section 38 relates shall give the inspector, and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give.

(3) In the case of any inspection under section 38, subsection (1) above shall apply in relation to any school maintained by any local education authority to which the inspection relates as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—

(a) the governing body of any such school shall give the inspector, and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give; and

(b) the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.

(4) In this section “document” and “records” each include information recorded in any form.

Marginal Citations

M18 1996 c. 57.

41 Inspections involving collaboration of Audit Commission. E+W

(1) If requested to do so by the Chief Inspector, the Audit Commission may assist with any inspection under section 38; and subsections (2) to (5) below have effect where the Commission assist with any such inspection.

(2) Section 40 shall apply to the Commission and to any authorised person as it applies to the inspector.

(3) Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4) Those categories are—

(a) the Commission and any authorised person; and

(b) the inspector and any person assisting him.

(5) Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Commission.

(6) The Commission shall not provide assistance under this section unless, before it does so, the Chief Inspector has agreed to pay the Commission an amount equal to the full costs incurred by the Commission in providing the assistance.

(7) In this section—

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales; and

• “authorised person” means a person authorised by the Audit Commission for the purposes of this section.

Modifications etc. (not altering text)

C2 S. 41 restricted (11.9.1998) by 1998 c. 18, ss. 1(5), 55(2), Sch. 1 para. 8(2)(e)

Chapter II U.K. School Inspections

42 Miscellaneous amendments relating to school inspections. E+W

Schedule 6 (which contains amendments relating to inspections under the M19 School Inspections Act 1996 and the M20 Nursery Education and Grant-Maintained Schools Act 1996) shall have effect.

Marginal Citations

M19 1996 c. 57.

M20 1996 c. 50.

Part VII U.K. Careers education and guidance

Valid from 01/09/1998

43 Provision of careers education in schools. E+W

(1) All registered pupils at a school to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2) This section applies to—

(a) county and voluntary schools;

(b) grant-maintained schools;

(c) maintained or grant-maintained special schools (other than those established in hospitals);

(d) city technology colleges and city colleges for the technology of the arts; and

(e) pupil referral units.

(3) It is the duty of each of the following to secure that subsection (1) is complied with, namely—

(a) in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,

(b) in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher, and

(c) in the case of a pupil referral unit, the local education authority maintaining the unit and the teacher in charge of it.

(4) Each of sections 496 and 497 of the M21 Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.

(5) For the purposes of this section the relevant phase of a pupil’s education is the period—

(a) beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and

(b) ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6) In this section—

• “career” includes the undertaking of any training, employment or occupation or any course of education;

• “careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

• “class”, in relation to a particular pupil, means—

  (a)

  the teaching group in which he is regularly taught, or

  (b)

  if he is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit.

Marginal Citations

M21 1996 c. 56.

44 Schools and other institutions to co-operate with careers advisers. E+W

(1) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—

(a) the name and address of every relevant pupil or student at the institution; and

(b) any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2) If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.

(3) Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that—

(a) (where he is under the age of 18) a parent of his, or

(b) (where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person—

(a) on the institution’s premises, and

(b) at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5) Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access—

(a) to that group of persons in the manner specified in subsection (4)(a) and (b), and

(b) to such of the institution’s facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7) Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8) This section applies to—

(a) the schools listed in section 43(2)(a) to (d); and

(b) institutions within the further education sector.

(9) It is the duty of each of the following to secure that subsections (1), (4) and (6) are complied with, namely—

(a) in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b) in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(10) For the purposes of this section—

(a) a pupil at a school is a relevant pupil—

(i) at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii) if he is over compulsory school age and receiving secondary education; and

(b) a person is a relevant student at an institution within the further education sector if he is receiving at the institution either—

(i) full-time education, or

(ii) part-time education of a description commonly undergone by persons in order to fit them for employment.

(11) For the purposes of this section—

(a) “careers adviser” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the M22 Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b) a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12) In this section “career” has the same meaning as in section 43.

Marginal Citations

M22 1973 c. 35.

45 Provision of careers information at schools and other institutions. E+W

(1) Persons attending an educational institution to which this section applies must be provided with access to both—

(a) guidance materials, and

(b) a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2) This section applies to—

(a) the schools listed in section 43(2)(a) to (d); and

(b) institutions within the further education sector.

(3) It is the duty of each of the following to secure that subsection (1) is complied with, namely—

(a) in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b) in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(4) The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the M23 Employment and Training Act 1973.

(5) In this section “career” and “careers education” have the same meaning as in section 43.

(6) Nothing in this section applies to any primary school.

Marginal Citations

M23 1973 c. 35.

46 Extension or modification of provisions of ss. 43 to 45. E+W

(1) The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.

(2) The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.

(3) The Secretary of State may by regulations make provision for requiring—

(a) the governing bodies of institutions within the further education sector, and

(b) the principals or other heads of such institutions,

to secure that a programme of careers education is provided for any specified description of persons attending such institutions.

(4) The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).

(5) In this section—

• “careers education” has the same meaning as in section 43;

• “specified” means specified in the regulations in question.

Part VIII U.K. Miscellaneous and general

Valid from 01/09/1998

Exceptional educational provision U.K.

47 Functions of LEAs as regards exceptional educational provision. E+W

(1) Section 19 of the M24 Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.

(2) In subsection (1) (duty of local education authority to make arrangements for provision of suitable full-time or part-time education, at school or otherwise, for excluded children etc.), the words “full-time or part-time” shall be omitted.

(3) In subsection (4) (power of local education authority to make arrangements for provision of suitable full-time or part-time education, otherwise than at school, for excluded young persons etc.), the words “full-time or part-time” shall be omitted.

(4) After that subsection there shall be inserted—

“(4A) In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a local education authority shall have regard to any guidance given from time to time by the Secretary of State.”

Marginal Citations

M24 1996 c. 56.

Management committees for pupil referral units U.K.

48 Management committees for pupil referral units. E+W

At the end of Schedule 1 to the Education Act 1996 (pupil referral units) there shall be added—

“ Management committees

15 (1) Regulations may make provision—

(a) for requiring any local education authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b) for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2) Regulations under this paragraph may in particular make provision—

(a) for enabling a local education authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b) for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c) as to the composition of a management committee established under the regulations and—

(i) the appointment and removal of its members, and

(ii) their terms of office,

and in particular for requiring such a committee to include persons representing schools (including grant-maintained schools) situated in the area from which the unit or units in question may be expected to draw pupils;

(d) for requiring or (as the case may be) prohibiting the delegation by a local education authority to a management committee of such functions in connection with pupil referral units as are specified in the regulations;

(e) for authorising a management committee to establish sub-committees;

(f) for enabling (subject to any provisions of the regulations) a local education authority or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g) for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(h) for applying to any such committee or sub-committee, with or without modification—

(i) any provision of the Education Acts, or

(ii) any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.”

Teachers not under contract of employment and persons having access to those under 19 U.K.

49 Power to make regulations: teachers not under contract of employment and persons having access to those under 19. E+W

(1) Section 218 of the M25 Education Reform Act 1988 (power of Secretary of State to make regulations in respect of schools and further and higher education institutions) shall be amended as follows.

(2) After subsection (6) there shall be inserted—

“(6A) The Secretary of State may by regulations impose requirements on—

(a) local education authorities,

(b) the governing bodies of schools or institutions falling within subsection (10) below, or

(c) the proprietors of independent schools,

for the purpose of prohibiting or restricting, on medical grounds or in cases of misconduct, access to persons who have not attained the age of nineteen years by persons (not falling within subsection (6) above) who provide services falling within subsection (6B).

(6B) Those services are services provided in relation to the school or institution or persons attending it which—

(a) are provided by whatever means and whether under contract or otherwise, and

(b) bring the persons providing them regularly into contact with persons who have not attained the age of nineteen years.”

(3) In subsection (12) (definition of “school”), after “(6)(d)” there shall be inserted “ or (6A) ”.

(4) After subsection (12) there shall be inserted—

“(13) For the purposes of this section—

(a) any reference to persons employed as teachers includes a reference to persons engaged to provide their services as teachers otherwise than under contracts of employment; and

(b) any reference to teachers or other persons employed by local education authorities or by any description of governing bodies or proprietors includes a reference to teachers or other persons engaged to provide their services for such authorities, governing bodies or proprietors (as the case may be) otherwise than under contracts of employment;

and any reference to employment (or further employment) shall be construed accordingly.”

Commencement Information

I11 S. 49 partly in force; s. 49 not in force at Royal Assent see s. 58(3); s. 49(1) in force for certain purposes at 1.10.1997 and s. 49(2)(3) in force at 1.10.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. I; s. 49(1) in force for all other purposes at 1.3.1998 and s. 49(4) in force at 1.3.1998 by S.I. 1998/386, art. 2 Sch. 1 Pt. I

Marginal Citations

M25 1988 c. 40.

Costs of teachers’ premature retirement U.K.

50 Recoupment by local education authority of costs of teachers’ premature retirement. U.K.

(1) Section 139 of the M26 Education Act 1996 (payments in respect of dismissal etc. of teachers at schools with delegated budgets) shall be amended as follows.

(2) In subsection (5) (local education authority’s costs in respect of teacher’s dismissal or premature retirement not normally to be met from school’s budget share), at the beginning there shall be inserted “ Subject to subsection (5A), ”.

(3) After that subsection there shall be inserted—

“(5A) Subsection (5) does not apply to costs incurred by the local education authority in respect of any premature retirement of a member of the staff of the school occurring on or after the date of the passing of the Education Act 1997; and such costs shall be met from the school’s budget share for one or more financial years except in so far as the authority agree with the governing body (whether before or after the retirement occurs) that they shall not be so met.

(5B) The agreement of the local education authority for the purposes of subsection (5A) must be given in writing on or after the date of the passing of that Act.”

(4) For the avoidance of doubt, the provisions inserted by this section have effect in relation to a school despite anything in any scheme prepared by the local education authority under section 103 of the Education Act 1996 (schemes providing for financial delegation).

Marginal Citations

M26 1996 c. 56.

Definition of “school” U.K.

51 Definition of “school”. E+W

In section 4 of the Education Act 1996 (definition of “school”), for subsection (1) there shall be substituted—

“(1) In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—

(a) primary education,

(b) secondary education, or

(c) both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.”

Compulsory school age U.K.

52 Commencement of compulsory school age. E+W

(1) Section 8 of the M27 Education Act 1996 (compulsory school age) shall be amended in accordance with subsections (2) and (3).

(2) For subsection (2) there shall be substituted—

“(2) A person begins to be of compulsory school age—

(a) when he attains the age of five, if he attains that age on a prescribed day, and

(b) otherwise at the beginning of the prescribed day next following his attaining that age.”

(3) For subsection (4) there shall be substituted—

“(4) The Secretary of State may by order—

(a) provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b) determine the day in any calendar year which is to be the school leaving date for that year.”

(4) The Secretary of State may also make an order providing that such days in the year as are specified in the order shall be, for each calendar year during the whole or part of which section 8 of the Education Act 1996 is not wholly in force, prescribed days for the purposes of paragraph 1(2) of Schedule 40 to that Act (transitory provisions pending coming into force of section 8 of that Act) as it has effect in accordance with subsection (5) below.

(5) Where a person does not attain the age of five on any of those prescribed days, he shall be regarded for the purposes of paragraph 1(2) of that Schedule—

(a) as not attaining that age, and

(b) accordingly as not being of compulsory school age,

until the beginning of the prescribed day next following his fifth birthday.

Commencement Information

I12 S. 52 partly in force; s. 52 not in force at Royal Assent see s. 58(3); s. 52(4) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; s. 52(1)-(3) in force at 1.8.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. III

Marginal Citations

M27 1996 c. 56.

General provisions E+W+N.I.

53 Stamp duty. E+W+N.I.

(1) Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer effected by virtue of section 30 or 34.

(2) No instrument (other than a statutory instrument) made or executed in pursuance of either of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M28 Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M29 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Marginal Citations

M28 1982 c. 39.

M29 1891 c. 39.

54 Orders and regulations. E+W+N.I.

(1) Any power of the Secretary of State to make orders or regulations under this Act, except an order u.nder section 25 or 31, shall be exercised by statutory instrument.

(2) A statutory instrument containing any order or regulations under this Act, except an order under section 58, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any order or 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.

(4) Without prejudice to the generality of subsection (3), any order or regulations under this Act may make in relation to Wales provision different from that made in relation to England.

Subordinate Legislation Made

P1 S. 54(3) power partly exercised (3.4.1997): 4.4.1997 appointed for specified provisions by S.I. 1997/1153

s. 54(3) power partly exercised (5.6.1997): different dates appointed for specified provisions by S.I. 1997/1468 (with savings and transitional provisions)

S. 54(3) power partly exercised (24.2.1998): different dates appointed for specified provisions by S.I. 1998/386 (with savings and transitional provisions)

55 Financial provisions. E+W

There shall be paid out of money provided by Parliament—

(a) any sums required for the payment by the Secretary of State of grants under this Act;

(b) any administrative expenses incurred by the Secretary of State in consequence of this Act; and

(c) any increase attributable to this Act in the sums so payable under any other Act.

56 Construction. E+W

(1) In this Act—

• “prescribed” means prescribed by regulations; and

• “regulations” means regulations made by the Secretary of State under this Act.

(2) This Act shall be construed as one with the M30 Education Act 1996.

(3) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

Marginal Citations

M30 1996 c. 56.

57 Minor and consequential amendments, repeals etc. E+W

(1) The minor and consequential amendments set out in Schedule 7 shall have effect.

(2) Any reference in any enactment to Part I of Schedule 33 to the M31 Education Act 1996 (appeal committees for hearing admission appeals), or to any provision of that Part of that Schedule, shall (so far as the context permits) be read as including a reference to that Part of that Schedule, or (as the case may be) to that provision of that Part, as applied by paragraph 4 of Schedule 16 or paragraph 3 of Schedule 33A to that Act.

(3) For the avoidance of doubt, the provisions inserted in the Education Act 1996 by Parts II and III of this Act have effect despite anything in the articles (or, as the case may be, in the instrument or articles) of government of a school to, or in relation to, which those inserted provisions apply or are applied.

(4) The enactments specified in Schedule 8 are repealed to the extent specified.

Commencement Information

I13 S. 57 partly in force; S. 57(1) partly in force at Royal Assent see s. 58(4); s. 57(4) in force for certain purposes at 4.4.1997 by S.I. 1997/1153, art. 2; s. 57(1)(4) in force for certain purposes at 14.6.1997, 1.9.1997 and 1.10.1997 and s. 57(2)(3) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1, Pts. I, II, III

Marginal Citations

M31 1996 c. 56.

58 Short title, commencement and extent etc. E+W+N.I.

(1) This Act may be cited as the Education Act 1997.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the M32 Education Act 1996.

(3) Subject to subsection (4), this Act 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.

(4) The following provisions come into force on the day on which this Act is passed—

• section 50,

• section 54,

• paragraph 48(2) of Schedule 7 and section 57(1) so far as relating thereto, and

• this section.

(5) Subject to subsections (6) and (7), this Act extends to England and Wales only.

(6) The following provisions extend to Northern Ireland—

• sections 21 and 22,

• section 24(4),

• section 26,

• sections 34 to 36,

• section 53,

• section 54,

• this section, and

• Schedule 4.

(7) The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

Subordinate Legislation Made

P2 S. 58(3) power partly exercised (3.4.1997): 4.4.1997 appointed for specified provisions by S.I. 1997/1153

S. 58(3) power partly exercised (5.6.1997): different dates appointed for specified provisions by S.I. 1997/1468 (with savings and transitional provisions)

S. 58(3) power partly exercised (24.2.1998): different dates appointed for specified provisions by S.I. 1998/386 (with savings and transitional provisions)

Marginal Citations

M32 1996 c. 56.

SCHEDULES

Valid from 01/09/1998

Section 8.

SCHEDULE 1 E+W Schedule inserted after Schedule 25 to the Education Act 1996

Commencement Information

I14 Sch. 1 wholly in force at 1.9.1998 see s. 58(3) and S.I. 1998/386, arts. 2,4, Sch. 1 Pt. IV, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

“Schedule 25A E+W Appeals against exclusion of pupils from grant-maintained schools

Introductory E+W

1 In this Schedule—

• “appeal” means an appeal mentioned in section 307A;

• “appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;

• “the relevant person” means—

  (a)

  in relation to a pupil under the age of 18, a parent of his;

  (b)

  in relation to a pupil who has attained that age, the pupil himself.

Procedure on appeal E+W

2 An appeal shall be by notice in writing setting out the grounds on which it is made.

3 (1) Subject to sub-paragraph (2), the appeal committee shall meet to consider an appeal—

(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b) if the governing body have determined a shorter period, within that period.

(2) The governing body may extend the period within which the appeal committee are to consider an appeal where—

(a) the relevant person requests them to do so; and

(b) they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.

4 (1) For the purpose of fixing the time (falling within the period mentioned in paragraph 3) at which the hearing of an appeal is to take place, the governing body shall take reasonable steps to ascertain any times falling within that period when—

(a) the relevant person, or

(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 5,

would be able to attend.

(2) Where in accordance with sub-paragraph (1) the governing body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

5 (1) The appeal committee shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2) The appeal committee shall allow—

(a) the head teacher and a member of the governing body to make written representations;

(b) the head teacher and a member of the governing body to appear and make oral representations; and

(c) the governing body to be represented.

6 An appeal shall be held in private except when otherwise directed by the governing body, but any member of the Council on Tribunals may attend as an observer any meeting of the appeal committee at which an appeal is considered.

7 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

8 (1) In deciding whether the pupil in question should be reinstated (and, if so, the time when this should take place), the appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

(2) In making its decision on an appeal, the appeal committee shall also have regard to the measures publicised by the head teacher under section 306A(7).

(3) Sub-paragraphs (1) and (2) do not apply where the appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4) Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

9 In the event of a disagreement between the members of the appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

10 Subject to paragraph 11, the decision of the appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the governing body, the head teacher and the local education authority to whose area the pupil belongs within—

(a) the period ending with the 17th school day after the day on which the appeal is lodged; or

(b) if the governing body have determined a shorter period, that period.

11 Where the governing body extend the period for the consideration of an appeal in accordance with paragraph 3(2), they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.

12 Subject to paragraphs 2 to 11, all matters relating to the procedure on appeals shall be determined by the governing body.

13 (1) Subject to sub-paragraph (2), where joint arrangements for appeals have been made in accordance with paragraph 6(2) of Schedule 23 (content of articles of government), paragraphs 2 to 12 shall have effect in respect of appeals to committees established in accordance with the joint arrangements.

(2) In the case of any appeal made in pursuance of the joint arrangements—

(a) paragraphs 3, 4, 6, 10(b), 11 and 12 shall have effect as if for “the governing body” there were substituted “the governing body and the governing body of every other school which is a party to the arrangements, acting jointly”; and

(b) paragraphs 5(2) and 10 (except paragraph 10(b)) shall have effect as if for “the governing body” there were substituted “the governing body against whose decision the appeal is made”.

Power of Secretary of State to make amendments E+W

14 The Secretary of State may by order amend the preceding provisions of this Schedule.”

Section 12.

SCHEDULE 2 E+W Schedule inserted after Schedule 33 to the Education Act 1996

“Schedule 33A E+W Children to whom section 411A(2) applies: appeals by governing bodies

Duty to notify governing body of decision to admit child E+W

1 Where any such decision as is mentioned in section 423A(2) is made by or on behalf of a local education authority, the authority shall give the governing body of the school notice in writing—

(a) of that decision; and

(b) of the governing body’s right to appeal against the decision in accordance with paragraph 2.

Time limit on appealing E+W

2 An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given the notice under paragraph 1.

Appeal committees E+W

3 (1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1, 5, 6 and 7 of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 423A(2) as they have effect in relation to appeals under section 423(1).

(2) A person shall not be a member of an appeal committee for the consideration of an appeal under section 423A(2) if he has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he has at any time been permanently excluded, or in any previous appeal relating to the child under section 423A(2).

(3) A person shall not be eligible to be a lay member for the purposes of paragraph 1(2)(a) of Schedule 33 (as it applies in accordance with this paragraph) unless he satisfies the condition set out in paragraph (b) of paragraph 5(2) of that Schedule as well as that set out in paragraph (a) of that provision.

(4) In this paragraph “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with this paragraph.

Procedure on an appeal E+W

4 In the following provisions of this Schedule—

• “appeal” means an appeal under section 423A(2); and

• “appeal committee” means such an appeal committee as is mentioned in paragraph 3(4) above.

5 An appeal shall be by notice in writing setting out the grounds on which it is made.

6 The appeal committee shall meet to consider an appeal—

(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b) if the local education authority have determined a shorter period, within that period.

7 On an appeal the committee shall allow—

(a) the local education authority and the governing body to make written representations;

(b) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and

(c) the governing body to be represented.

8 In considering an appeal the appeal committee shall have regard to—

(a) the reasons for the local education authority’s decision that the child in question should be admitted; and

(b) any reasons put forward by the governing body as to why the child’s admission would be inappropriate.

9 Appeals shall be heard in private except when otherwise directed by the local education authority, but any member of the local education authority or of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.

10 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

11 In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

12 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

(a) the local education authority, and

(b) the governing body making the appeal,

within the period ending with the 17th school day after the day on which the appeal is lodged.

13 (1) Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.

(2) Neither section 106 of the M33 Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.

Power of Secretary of State to make amendments E+W

14 The Secretary of State may by order amend the preceding provisions of this Schedule.”

Marginal Citations

M33 1972 c. 70.

Section 14.

SCHEDULE 3 E+W Schedule inserted as Schedule 33B to the Education Act 1996

Commencement Information

I15 Sch. 1 partly in force at 1.9.1997; Sch. 1 not in force at Royal Assent see s. 58(3); Sch. 1 in force for paragraphs 3 and 4 of the Schedule inserted as Schedule 33B to the 1996 Act at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1, Pt. II

“Schedule 33B E+W Restrictions on admissions to grant-maintained schools

Home-school partnership documents E+W

1 (1) The admission arrangements for a grant-maintained school may include provisions—

(a) setting out the terms of a partnership document for the school and the parental declaration to be used in connection with the document;

(b) making it a condition of the admission of every child to the school that his parent gives the governing body a signed parental declaration either—

(i) at the time of applying for a place at the school for the child, or

(ii) if the child is allocated a conditional place, within such period as is specified in the arrangements; and

(c) authorising the governing body to dispense with that condition to any extent in the case of a particular child where they are satisfied that there are special reasons for doing so.

(2) For the purposes of this paragraph and paragraph 2 a “partnership document” is a statement specifying—

(a) the school’s aims and values;

(b) the responsibilities which the school intends to discharge in connection with the education of children admitted to the school; and

(c) the parental responsibilities, that is the responsibilities which the parents of such children are expected to discharge in connection with the education of their children while they are registered pupils at the school;

and “parental declaration” means a declaration to be signed by a parent seeking the admission of his child to the school by which he acknowledges and accepts the parental responsibilities specified in the partnership document.

(3) In determining the provisions to be included in the admission arrangements for a school in pursuance of sub-paragraph (1), the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(4) The Secretary of State may by order provide that any form of words specified in the order, or having such effect as is so specified, is not to be used in a partnership document or (as the case may be) in a parental declaration.

(5) An order under sub-paragraph (4) may apply to any school or description of school specified in the order.

(6) In this paragraph and paragraph 2—

• “admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school; and

• “conditional place”, in relation to a child, means a place which is conditional on the child’s parent giving the governing body a signed parental declaration.

Effect of home-school partnership document E+W

2 (1) This paragraph applies where the admission arrangements for a grant-maintained school include the provisions authorised by paragraph 1(1).

(2) The governing body shall, in the case of each child on behalf of whom an application for admission is made, notify his parent of the following matters, namely—

(a) the terms of the partnership document and the parental declaration, and

(b) the effect of the provisions of the admission arrangements authorised by paragraph 1(1)(b) and (c).

(3) Where sub-paragraph (2) has been complied with in relation to a child’s parent but—

(a) the parent has failed to comply with the condition referred to in paragraph 1(1)(b), and

(b) the governing body are not satisfied that there are special reasons for dispensing with that condition to the required extent in the case of that child,

the governing body shall not be under any duty to admit the child to the school; and, if he has been allocated a conditional place, the allocation of that place may be cancelled.

(4) In sub-paragraph (3) the reference to dispensing with the condition mentioned in that sub-paragraph “to the required extent”—

(a) is, where the parent gives the governing body a signed parental declaration in relation to some but not the remainder of the parental responsibilities, a reference to dispensing with that condition so far as the remainder of those responsibilities are concerned; but

(b) is otherwise a reference to wholly dispensing with that condition.

(5) In performing any function under this paragraph the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(6) A partnership document shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

Restriction of right to refuse admission to partially-selective school E+W

3 (1) An application for the admission of a child to a grant-maintained school may not be refused on the grounds that his admission would be incompatible with the school’s selective admission arrangements unless those arrangements—

(a) are wholly based on selection by reference to ability or aptitude, and

(b) are so based with a view to admitting only pupils with high ability or with aptitude.

(2) For the purposes of this paragraph a school has selective admission arrangements if the arrangements for the admission of pupils to the school are to any extent based on selection by reference to ability or aptitude.

No requirement to admit children permanently excluded from two or more schools E+W

4 (1) The governing body of a grant-maintained school shall not be under any duty to admit to the school any child to whom sub-paragraph (3) applies.

(2) The governing body of such a school shall not be under any duty to make arrangements for enabling any person to appeal against a decision refusing a child admission to the school in a case where, at the time when the decision is made, sub-paragraph (3) applies to the child.

(3) Where a child has been permanently excluded from two or more schools, this sub-paragraph applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

(4) Sub-paragraph (3) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.

(5) However, a child shall not be regarded as permanently excluded from a school for the purposes of this paragraph if—

(a) although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or

(b) he was so excluded at a time when he had not attained compulsory school age.

(6) In this paragraph “school” means—

(a) a school maintained by a local education authority; or

(b) a grant-maintained or grant-maintained special school.

(7) This paragraph does not apply in relation to a child unless at least one of the two or more exclusions mentioned in sub-paragraph (3) took effect on or after the date of the coming into force of section 14 of the Education Act 1997.

(8) For the purposes of this paragraph the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.”

Section 21.

SCHEDULE 4 E+W+N.I. The Qualifications and Curriculum Authority

Status E+W+N.I.

1 E+W+N.I. The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers E+W+N.I.

2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions. E+W+N.I.

(2) In particular, the Authority may—

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(c) form bodies corporate or associated or other bodies which are not bodies corporate,

(d) enter into joint ventures with other persons,

(e) subscribe for shares or stock,

(f) invest any sums not immediately required for the purpose of carrying out their functions,

(g) accept gifts of money, land or other property, and

(h) borrow money.

(3) The Authority may authorise the Qualifications, Curriculum and Assessment Authority for Wales to act as agent for the Authority in connection with the exercise of any of the Authority’s functions in relation to Wales.

(4) The consent of the Secretary of State is required for the exercise of any power conferred by sub-paragraph (2)(c) or (d) or sub-paragraph (3).

3 (1) The Authority may give to any person or body (whether or not in the United Kingdom) such assistance as they may determine. E+W+N.I.

(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

(3) In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

(4) The power conferred by this paragraph does not extend to the giving of financial assistance; and the consent of the Secretary of State is required for any exercise of that power.

Chief officer E+W+N.I.

4 (1) The Authority shall have a chief officer. E+W+N.I.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.

(3) Each subsequent chief officer shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

(4) The chief officer shall be an ex officio member of the Authority.

Chairman and chief officer: division of functions E+W+N.I.

5 (1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment. E+W+N.I.

(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) on the chairman of the Authority.

Tenure of office E+W+N.I.

6 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. E+W+N.I.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

7 E+W+N.I. The Secretary of State may, if satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

(b) is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

8 E+W+N.I. If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members E+W+N.I.

9 (1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine. E+W+N.I.

(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

Staff E+W+N.I.

10 E+W+N.I. Subject to the approval of the Secretary of State, the Authority—

(a) may appoint such number of employees, on such terms and conditions, as they may determine; and

(b) shall pay to their employees such remuneration and allowances as they may determine.

11 (1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the M34 Superannuation Act 1972 can apply. E+W

(2) The Authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Secretary of State may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9).

Marginal Citations

M34 1972 c. 11.

Finance E+W+N.I.

12 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions. E+W+N.I.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees E+W+N.I.

13 (1) The Authority— E+W+N.I.

(a) may establish a committee for any purpose; and

(b) if so directed by the Secretary of State, shall establish a committee for such purpose as is specified in the direction.

(2) The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

(3) Subject to such conditions as the Secretary of State may determine, a committee may include persons who are not members of the Authority.

(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions E+W+N.I.

14 (1) The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 to carry out such of the Authority’s functions as the Authority may determine. E+W+N.I.

(2) The Secretary of State may authorise any committee established under paragraph 13(1)(b) to carry out such of the Authority’s functions as are specified in the direction given under that provision.

(3) Sub-paragraph (1) has effect without prejudice to any power to authorise an employee of the Authority to carry out any of the Authority’s activities on behalf of the Authority.

Proceedings E+W+N.I.

15 (1) The following persons, namely— E+W+N.I.

(a) a representative of the Secretary of State,

(b) the chairman of the Qualifications, Curriculum and Assessment Authority for Wales, or a representative of his,

(c) a representative of such other body as the Secretary of State may designate, and

(d) Her Majesty’s Chief Inspector of Schools in England, or a representative of his,

shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the Secretary of State, the chairman of the Qualifications, Curriculum and Assessment Authority for Wales, any person falling within sub-paragraph (1)(c) and Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as each of those persons may require.

16 E+W+N.I. The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

17 E+W+N.I. Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts E+W+N.I.

18 (1) The Authority shall— E+W+N.I.

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare a statement of accounts in respect of each financial year of the Authority; and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the information to be contained in it;

(b) the manner in which the information contained in it is to be presented; or

(c) the methods and principles according to which the statement is to be prepared.

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

Documents E+W+N.I.

19 E+W+N.I. The application of the seal of the Authority shall be authenticated by the signature—

(a) of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and

(b) of one other member.

20 E+W+N.I. Any document purporting to be an instrument made or issued by or on behalf of the Authority, and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 27.

SCHEDULE 5 E+W The Qualifications, Curriculum and Assessment Authority for Wales

Status E+W

1 E+W The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers E+W

2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions. E+W

(2) In particular, the Authority may—

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(c) form bodies corporate or associated or other bodies which are not bodies corporate,

(d) enter into joint ventures with other persons,

(e) subscribe for shares or stock,

(f) invest any sums not immediately required for the purpose of carrying out their functions,

(g) accept gifts of money, land or other property, and

(h) borrow money.

(3) Where authorised to do so under paragraph 2(3) of Schedule 4, the Authority may act as agent for the Qualifications and Curriculum Authority in connection with the exercise of any of that Authority’s functions in relation to Wales.

(4) The consent of the Secretary of State is required for the exercise of any power conferred by sub-paragraph (2)(c) or (d).

3 (1) The Authority may give to any person or body (whether or not in the United Kingdom) such assistance as they may determine. E+W

(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

(3) In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

(4) The power conferred by this paragraph does not extend to the giving of financial assistance; and the consent of the Secretary of State is required for any exercise of that power.

Chief officer E+W

4 (1) The Authority shall have a chief officer who shall be appointed— E+W

(a) in the case of a person who is also chairman of the Authority, by the Secretary of State, and

(b) in any other case, by the Authority with the approval of the Secretary of State.

(2) The appointment of the chief officer shall be on such terms and conditions as the Secretary of State, or (as the case may be) the Authority with the approval of the Secretary of State, may determine.

(3) The Secretary of State may appoint the chief officer (if appointed under sub-paragraph (1)(b)) to be a member of the Authority.

Tenure of office E+W

5 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. E+W

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

6 E+W The Secretary of State may, if satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

(b) is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

7 E+W If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members E+W

8 (1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine. E+W

(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

Staff E+W

9 E+W Subject to the approval of the Secretary of State, the Authority—

(a) may appoint such number of employees, on such terms and conditions, as they may determine; and

(b) shall pay to their employees such remuneration and allowances as they may determine.

10 (1) Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the M35 Superannuation Act 1972 can apply. E+W

(2) The Authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Secretary of State may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 8).

Marginal Citations

M35 1972 c. 11.

Finance E+W

11 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions. E+W

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees E+W

12 (1) The Authority— E+W

(a) may establish a committee for any purpose; and

(b) if so directed by the Secretary of State, shall establish a committee for such purpose as is specified in the direction.

(2) The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

(3) Subject to such conditions as the Secretary of State may determine, a committee may include persons who are not members of the Authority.

(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions E+W

13 (1) The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 to carry out such of the Authority’s functions as the Authority may determine. E+W

(2) The Secretary of State may authorise any committee established under paragraph 12(1)(b) to carry out such of the Authority’s functions as are specified in the direction given under that provision.

(3) Sub-paragraph (1) has effect without prejudice to any power to authorise an employee of the Authority to carry out any of the Authority’s activities on behalf of the Authority.

Proceedings E+W

14 (1) The following persons, namely—

(a) a representative of the Secretary of State,

(b) the chairman of the Qualifications and Curriculum Authority, or a representative of his, and

(c) Her Majesty’s Chief Inspector of Schools in Wales, or a representative of his,

shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the Secretary of State, the chairman of the Qualifications and Curriculum Authority and Her Majesty’s Chief Inspector of Schools in Wales with such copies of any documents distributed to members of the Authority or of any such committee as each of those persons may require.

15 E+W The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

16 E+W Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts E+W

17 (1) The Authority shall— E+W

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare a statement of accounts in respect of each financial year of the Authority; and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the information to be contained in it;

(b) the manner in which the information contained in it is to be presented; or

(c) the methods and principles according to which the statement is to be prepared.

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

Documents E+W

18 E+W The application of the Authority’s seal shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.

19 E+W Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be—

(a) duly executed under the Authority’s seal, or

(b) signed or executed by a person authorised by the Authority to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 42.

SCHEDULE 6 E+W School inspections

Introductory E+W

1 E+W In this Schedule “the 1996 Act” means the M36 School Inspections Act 1996.

Marginal Citations

M36 1996 c. 57.

Rights of entry etc. for Chief Inspectors E+W

2 E+W For subsections (8) and (9) of section 2 of the 1996 Act (functions of Chief Inspector for England) there shall be substituted—

“(8) For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for England shall have at all reasonable times, in relation to any school in England—

(a) a right of entry to the premises of the school; and

(b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for those purposes.

(9) It shall be an offence wilfully to obstruct the Chief Inspector for England—

(a) in the exercise of his functions in relation to the inspection of a school for the purposes of subsection (2)(b); or

(b) in the exercise of any right under subsection (8) for the purposes of the exercise of any other function.”

3 E+W For subsections (8) and (9) of section 5 of the 1996 Act (functions of Chief Inspector for Wales) there shall be substituted—

“(8) For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for Wales shall have at all reasonable times, in relation to any school in Wales—

(a) a right of entry to the premises of the school; and

(b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for those purposes.

(9) It shall be an offence wilfully to obstruct the Chief Inspector for Wales—

(a) in the exercise of his functions in relation to the inspection of a school for the purposes of subsection (2)(b); or

(b) in the exercise of any right under subsection (8) for the purposes of the exercise of any other function.”

Removal of inspectors from register E+W

4 E+W In subsection (2)(d) of section 8 of the 1996 Act (removal from register and imposition or variation of conditions to be satisfied by registered inspector) for “knowingly or recklessly” there shall be substituted “ , without reasonable explanation, ”.

Commencement Information

I16 Sch. 6 para. 4 wholly in force at 1.9.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. II, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. I)

5 In paragraph 9(2)(d) of Schedule 1 to the M37 Nursery Education and Grant-Maintained Schools Act 1996 (removal from register and imposition or variation of conditions to be satisfied by nursery education inspector) for “knowingly or recklessly” there shall be substituted “ , without reasonable explanation, ”.

Commencement Information

I17 Sch. 6 para. 5 wholly in force at 1.9.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. II, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. I)

Marginal Citations

M37 1996 c. 50.

Inspections of closing schools E+W

6 (1) Section 10 of the 1996 Act (inspections by registered inspectors) shall be amended as follows. E+W

(2) In subsection (3) (schools to which the section applies) after “subsection (4)” there shall be inserted “ or (4A) ”.

(3) After subsection (4) there shall be inserted—

“(4A) This section does not apply to any school—

(a) which is a closing school (as defined by subsection (4B)), and

(b) in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.

(4B) In subsection (4A) a “closing school” means—

(a) a county, voluntary or maintained nursery school in respect of which the Secretary of State has under section 169 of the M38 Education Act 1996 approved proposals by the local education authority to cease to maintain the school;

(b) a voluntary school in respect of which the governing body have given notice of their intention to discontinue the school under section 173 of that Act;

(c) a grant-maintained school in respect of which—

(i) the Secretary of State has under section 269 of that Act approved proposals for the discontinuance of the school, or

(ii) the funding authority have made a determination under that section to adopt proposals for the discontinuance of the school;

(d) a maintained or grant-maintained special school in respect of which the Secretary of State has under section 340 of that Act approved proposals for the discontinuance of the school;

(e) a city technology college or city college for the technology of the arts in respect of which notice of termination of an agreement made under section 482 of that Act has been given; or

(f) an independent school falling within subsection (3)(e) which the proprietor has decided to close.”

Marginal Citations

M38 1996 c. 56.

Publication of inspection reports E+W

7 E+W In each of sections 16(4)(c) and 20(4)(c) of the 1996 Act (appropriate authority to take steps to secure that registered parents receive copies of the summary of the inspection report) for “as soon as is reasonably practicable” there shall be substituted “ within such period following receipt of the report by the authority as may be prescribed ”.

Commencement Information

I18 Sch. 6 para. 7 wholly in force at 1.9.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. II, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. I)

Computer records E+W

8 E+W In section 42 of the 1996 Act (inspection of computer records for the purposes of Part I)—

(a) after “records” (in both places) there shall be inserted “ or other documents ”; and

(b) at the end there shall be added “ (including, in particular, the making of information available for inspection or copying in a legible form) ”.

Delegation of functions of Chief Inspectors E+W

9 E+W In paragraph 5(3) of Schedule 1 to the 1996 Act (performance of functions of Chief Inspectors), for “in conducting an inspection under section 2(2)(b) or section 5(2)(b)” there shall be substituted “ under sub-paragraph (1) or (2) ”.

Tenders and consultation E+W

10 E+W For paragraph 2 of Schedule 3 to the 1996 Act (selection of registered inspectors) there shall be substituted—

“2 (1) Before entering into any arrangement for an inspection, the Chief Inspector shall invite tenders from at least two persons who can reasonably be expected to tender for the proposed inspection and to do so at arm’s length from each other, and each of whom is either—

(a) a registered inspector, or

(b) a person who the Chief Inspector is satisfied would, if his tender were successful, arrange with a registered inspector for the inspection to be carried out.

(2) Before an inspection takes place the Chief Inspector shall consult the appropriate authority about the inspection.”

Inspection teams E+W

11 E+W For paragraph 3(1) of Schedule 3 to the 1996 Act (inspection teams) there shall be substituted—

“(1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”) consisting of persons who—

(a) are fit and proper persons for carrying out the inspection; and

(b) will be capable of assisting in the inspection competently and effectively.”

Rights of entry etc. for registered inspectors E+W

12 (1) The existing provisions of paragraph 7 of Schedule 3 to the 1996 Act (rights of entry) shall become sub-paragraph (1) of that paragraph. E+W

(2) After that sub-paragraph there shall be inserted—

“(2) Where—

(a) pupils registered at the school concerned are, by arrangement with another school, receiving part of their education at the other school, and

(b) the inspector is satisfied that he cannot properly discharge his duty under section 10(5) in relation to the school concerned without inspecting the provision made for those pupils at that other school,

sub-paragraph (1) shall apply in relation to that other school as it applies in relation to the school concerned.”

Section 57(1).

SCHEDULE 7 U.K. Minor and consequential amendments

Public Records Act 1958 (c. 51) U.K.

1 E+W In Part II of the Table at the end of paragraph 3 of Schedule 1 to the Public Records Act 1958 (organisations whose records are public records), insert at the appropriate places—

“Qualifications, Curriculum and Assessment Authority for Wales”,

“Qualifications and Curriculum Authority”.

Local Authorities (Goods and Services) Act 1970 (c. 39) U.K.

2 (1) Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), “public body”— E+W

(a) shall include the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales; and

(b) shall cease to include the School Curriculum and Assessment Authority and the Curriculum and Assessment Authority for Wales.

(2) The provision in sub-paragraph (1) shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

Commencement Information

I19 Sch 7 para. 2 wholly in force at 1.3.1998; Sch. 7 para. 2 not in force at Royal Assent see s. 58(3); Sch. 7 para. 2 in force at 1.10.1997 except so far as sub-paragraph (1) provides that the definition of “ public body” shall cease to include SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 2(1) in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I

Superannuation Act 1972 (c. 11) U.K.

3 (1) In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies (bodies in respect of which there are superannuation schemes)— U.K.

(a) omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority; and

(b) insert at the appropriate places—

“the Qualifications, Curriculum and Assessment Authority for Wales”,

“the Qualifications and Curriculum Authority”.

(2) Section 1 of that Act (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons who at any time before the coming into force of section 21 of this Act have ceased to serve in employment with the National Council for Vocational Qualifications.

Commencement Information

I20 Sch 7 para. 3 wholly in force at 1.3.1998; Sch. 7 para. 3 not in force at Royal Assent see s. 58(3); Sch. 7 para. 3(1) in force at 1.10.1997 except so far as it omits the entry relating to SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 3(1) in force at 1.3.1998 insofar as not already in force and Sch. 7 para. 3(2) in force at 1.3.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. I

House of Commons Disqualification Act 1975 (c. 24) U.K.

4 (1) Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows. U.K.

(2) Omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.

(3) Insert at the appropriate places—

“Any member of the Qualifications, Curriculum and Assessment Authority for Wales constituted under section 27 of the Education Act 1997 in receipt of remuneration.”

“Any member of the Qualifications and Curriculum Authority constituted under section 21 of the Education Act 1997 in receipt of remuneration.”

(4) Omit the entry relating to the National Council for Vocational Qualifications.

Commencement Information

I21 Sch 7 para. 4 wholly in force at 1.3.1998; Sch. 7 para. 4 not in force at Royal Assent see s. 58(3); Sch. 7 para. 4 in force at 1.10.1997 except so far as it omits the entry relating to SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 4 in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I

Local Government Finance Act 1982 (c. 32) E+W

5 In Schedule 3 to the Local Government Finance Act 1982 (the Audit Commission), in paragraph 9(2) (functions to be managed separately), after paragraph (ab) (inserted by Schedule 3 to the M39 Housing Act 1996) insert—

“(ac) its functions under section 41 of the Education Act 1997 (inspections of local education authorities);”.

Marginal Citations

M39 1996 c. 52.

Finance Act 1991 (c. 31) U.K.

6 In section 32(10) of the Finance Act 1991 (relief in respect of a qualifying course of vocational training), for paragraph (a)(i) substitute—

“(i) accredited as a National Vocational Qualification by the Qualifications and Curriculum Authority or by the Qualifications, Curriculum and Assessment Authority for Wales, or”.

Commencement Information

I22 Sch. 7 para. 6 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

Charities Act 1993 (c. 10) U.K.

7 U.K. In Schedule 2 to the Charities Act 1993 (exempt charities)—

(a) for paragraph (da) substitute—

“(da) the Qualifications and Curriculum Authority;”; and

(b) for paragraph (f) substitute—

“(f) the Qualifications, Curriculum and Assessment Authority for Wales;”.

Commencement Information

I23 Sch. 7 para. 7 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pts. I, II (subject to transitional provisions in Sch. 2 Pts. I, II)

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50) U.K.

8 E+W In section 1(2) of the Nursery Education and Grant-Maintained Schools Act 1996 (arrangements for making grants in respect of nursery education), for paragraph (a) substitute—

“(a) before they begin to be of compulsory school age; but”.

Education Act 1996 (c. 56) E+W

9 (1) Section 3 of the Education Act 1996 (definition of pupil etc.) shall be amended as follows.

(2) At the end of subsection (1) insert—

“and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.”

(3) In subsection (3), for “The definition of “pupil” in subsection” substitute “ Subsection ”.

Valid from 01/09/1998

10 E+W In section 4(2) of that Act (schools: general)—

(a) for “For” substitute “ Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for ”; and

(b) omit “(pupil referral units)”.

11 E+W In section 6(1) of that Act (nursery schools), for “the age of five” substitute “ compulsory school age ”.

12 E+W In section 14(4) of that Act (functions of LEA in respect of provision of primary and secondary schools), for “the age of five” substitute “ compulsory school age ”.

13 E+W In section 17(2) of that Act (powers of LEA in respect of nursery education), for “the age of five”, in both places, substitute “ compulsory school age ”.

14 E+W In section 29(6)(b) of that Act (requirement of LEA to publish information as to their policy and arrangements for primary or secondary education not to apply in relation to nursery schools, etc.), for “the age of five” substitute “ compulsory school age ”.

15 In section 86(3)(b) of that Act (instrument of government to reflect current circumstances of school), after “82(3)(b)” insert “ or (c) ”.

Valid from 01/09/1998

16 In section 156 of that Act (exclusion of pupils), for subsection (3) substitute—

“(3) Subsection (2) has effect despite anything in the articles of government for the school.”

17 In section 231 of that Act (powers of governing body of grant-maintained school), in subsection (8)(b), for “the age of five” substitute “ compulsory school age ”.

18 In section 265(1)(a) of that Act (proposals for change of character approved before school becomes grant-maintained), for “35 or 41” substitute “ 37 or 43 ”.

19 In section 266(1)(b) of that Act (interpretation of Chapter VII of Part III), for “the age of five” substitute “ compulsory school age ”.

20 In section 290(9) of that Act (groups of grant-maintained schools)—

(a) for first “(ii)” substitute “ (i) ”; and

(b) for “307” substitute “ 306A, 307, 307A ”.

Commencement Information

I24 Sch. 7 para. 20 wholly in force at 1.9.1998; Sch. 7 para. 20 not in force at Royal Assent see s. 58(3); Sch. 7 para. 20(a) in force at 14.6.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. I; Sch. 7 para. 20(b) in force at 1.4.1998 except so far as it subsitutes “307A” for “307” and in force at 1.9.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pts. II, IV

21 In section 292(2) of that Act (nursery education in grant-maintained schools), for “the age of five” substitute “ compulsory school age ”.

Valid from 01/09/1998

22 In section 307 of that Act (exclusion of pupils), for subsection (2) substitute—

“(2) Subsection (1) has effect despite anything in the articles of government for the school.”

23 E+W In section 312(2)(c) of that Act (meaning of “learning difficulty” for the purposes of the Act)—

(a) for “the age of five” substitute “ compulsory school age ”, and

(b) omit “or over”.

24 E+W In section 332(1) of that Act (duty of Health Authority or National Health Service Trust to notify parent where child has special educational needs), for “the age of five” substitute “ compulsory school age ”.

25 In section 343(2) of that Act (nursery education in grant-maintained special schools), for “the age of five” substitute “ compulsory school age ”.

26 E+W Omit sections 358 to 361 of that Act (provisions about Curriculum Authorities).

Commencement Information

I25 Sch. 7 para. 26 wholly in force at 11.3.1998; Sch.7 para. 26 not in force at Royal Assent see s. 58(3); Sch. 7 para. 26 in force at 1.10.1997 insofar as it omits ss. 360, 361 by S.I. 1997/1468, art.2, Sch. 1 Pt. III and in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I

27 In section 362(7) of that Act (development work and experiments)—

(a) for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b) for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.

Commencement Information

I26 Sch. 7 paras. 27, 28 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

28 In section 368(10) of that Act (procedure for making certain orders and regulations)—

(a) for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b) for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.

Commencement Information

I27 Sch. 7 paras. 27, 28 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II)

29 E+W In section 391(10) of that Act (functions of advisory councils)—

(a) for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b) for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.

30 E+W In section 408 of that Act (provision of information)—

(a) in subsection (1)(a), after “this Part” insert “ or Part V of the Education Act 1997 ”; and

(b) in subsection (4)(f), omit “, 400, 401”.

Commencement Information

I28 Sch. 7 para. 30 wholly in force; Sch. 7 para. 30 not in force at Royal Assent see s. 58(3); Sch. 7 para. 30(a) in force at 1.10.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. III; Sch. 7 para. 30(b) in force at 1.9.2001 by S.I. 2001/1215, art. 2

31 (1) Section 411 of that Act (duty to comply with parental preferences) shall be amended as follows.

(2) In subsection (2), after “Subject to subsection (3)” there shall be inserted “ , section 411A (pupils excluded from two or more schools), section 413B(3) (home-school partnership documents) ”.

(3) In subsection (8), for “this section” substitute “ this Chapter (apart from sections 431 to 433) ”.

(4) After that subsection insert—

“(9) Where the arrangements for the admission of pupils to a school provide for all pupils admitted to the school to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of this Chapter to be wholly based on selection by reference to ability or aptitude, whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.”

Commencement Information

I29 Sch. 7 para. 31 partly in force; Sch.7 para. 31 not in force at Royal Assent see s. 58(3); Sch. 7 para. 31 in force at 1.9.1997 except so far as sub-paragraph (2) inserts the words “section 413B(3) (home-school partnership documents)” by S.I. 1997/1468, art. 2, Sch. 1 Pt. II

32 In section 422(6) of that Act (admission of pupils to new schools), for “411, 413, 414 and 423” substitute “ 411, 411A, 413 to 414, 423 and 423A ”.

33 In section 423 of that Act (appeal arrangements), omit subsection (6).

34 In section 424 of that Act (admission of pupils to nursery schools and special schools)—

(a) in subsection (1), for “411, 413, 414 or 423” substitute “ 411, 411A, 413A, 413B, 414, 423 or 423A ”;

(b) in subsection (1)(b), for “the age of five” substitute “ compulsory school age ”;

(c) in subsection (2), for “the age of five” substitute “ compulsory school age ”; and

(d) in subsection (3), for “411, 413, 414 and 423” substitute “ 411, 411A, 413 to 414, 423 and 423A ”.

Commencement Information

I30 Sch. 7 para. 34 partly in force; Sch. 7 para. 34 not in force at Royal Assent see s. 58(3); Sch. 7 para. 34 in force at 1.9.1997 except so far as substituting the words “413A and 413B” for the word “413” and except for sub paragraphs (b) and (c) by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; Sch. 7 para. 34(b)(c) in force at 1.8.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. III

35 In section 448 of that Act (exemption where child becomes 5 during term), for “the age of five” substitute “ compulsory school age ”.

36 E+W In section 492(2) of that Act (adjustment of amounts eligible for recoupment as between local education authorities), for “the age of five” substitute “ compulsory school age ”.

37 E+W In section 537(4) of that Act (power of Secretary of State to require information from governing bodies etc.), at the end add “ ; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State. ”

Valid from 01/09/1998

38 E+W For the cross-heading “CORPORAL PUNISHMENT” preceding section 548 of that Act substitute—

“ PUNISHMENT AND RESTRAINT OF PUPILS E+W

Corporal punishment”. E+W

39 E+W In section 551 of that Act (regulations as to the duration of the school day, etc.), after subsection (1) insert—

“(1A) In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any such year.”

Prospective

40 (1) Section 568 of that Act (orders) shall be amended as follows.

(2) In subsection (1) (orders required to be made by statutory instrument unless made under excepted provisions), after “excepted provisions” insert “ or one falling within subsection (2A) ”.

(3) After subsection (2) (the excepted provisions) insert—

“(2A) An order falls within this subsection if it is made under section 413A(4) or paragraph 1(4) of Schedule 33B and applies only to one or more schools specified in the order.”

41 E+W In section 571 of that Act (publication of guidance)—

(a) in subsection (1) for “of the provisions mentioned in subsection (2) below” substitute “ provision of this Act ”; and

(b) omit subsection (2).

42 E+W At the end of section 578 of that Act (“the Education Acts”) add—

“the Education Act 1997.”

43 E+W In section 579(1) of that Act (general interpretation), after the definition of “school day” insert—

• ““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;”.

44 E+W In section 580 of that Act (the index) at the appropriate places insert—

(in the entry relating to “child”)

“(in Chapter I of Part VI except sections 431 to 433)

section 411(8)”.

“school year

section 579(1)”.

“wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI)

section 411(9)”.

Commencement Information

I31 Sch. 7 para. 44 wholly in force at 1.9.1997; Sch. 7 para. 44 not in force at Royal Assent see s. 58(3); Sch. 7 para. 44 in force at 14.6.1997 to the extent that it inserts the reference to “school year” into section 580 of the 1996 Act and in force at 1.9.1997 insofar as not already in force by S.I. 1997/1468, art. 2, Sch.1 Pts. I, II

45 In Schedule 2 to that Act (the funding authorities), paragraph 9(2) (superannuation of employees) shall have effect (and be deemed always to have had effect) with the following amendments, namely—

(a) for “the Treasury”, in the first place where it occurs, substitute “ the Minister for the Civil Service ”; and

(b) for “the Treasury”, in the other places where it occurs, substitute “ he ”.

46 (1) Schedule 4 to that Act (distribution of functions where order made under section 27) shall be amended as follows.

(2) In paragraph 18, for “the age of five” substitute “ compulsory school age ”.

Valid from 01/09/1998

47 In Schedule 16 to that Act (appeals against exclusion or reinstatement of pupil)—

(a) in paragraph 14, after “relevant person,” insert “ the head teacher, ”; and

(b) in paragraph 15(1), omit the words from “, including” to “brought,”.

48 (1) Schedule 19 to that Act (conduct and staffing of new county, voluntary and maintained special schools) shall be amended as follows.

(2) In paragraph 22 (application of provisions in respect of staffing of new schools)—

(a) after “(5)” insert “ to (5B) ”; and

(b) after “dismissal” insert “ or premature retirement ”.

(3) For paragraph 27 substitute—

“27 Section 154 (responsibility for discipline) applies to a new school as if references to the school’s governing body were references to the temporary governing body.”

Commencement Information

I32 Sch. 7 para. 48 wholly in force at 1.4.1998; Sch. 7 para. 48(2) in force at Royal Assent, see s. 58(4); Sch.7 para. 48(1)(3) in force at 1.4.1998 by S.I.1998/386, art. 2, Sch.1 Pt. II

49 (1) Schedule 23 to that Act (contents of articles of grant-maintained schools) shall be amended as follows.

(2) In paragraph 4(1) omit “, 400”.

(3) After paragraph 6(2) insert—

“(2A) Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals—

(a) do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and

(b) have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).”

Commencement Information

I33 Sch. 7 para. 49 partly in force; Sch. 7 para. 49 not in force at Royal Assent see s. 58(3); Sch. 7 para. 49(1) and para 49(3) except for paragraph (a) of paragaph 6(2A) to be inserted into Schedule 23 to the 1996 Act in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; Sch. 7 para. 49(3) in force at 1.9.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. IV

50 In Schedule 28 to that Act (government and conduct of grant-maintained special schools), in paragraph 14 after “regulations may” insert “ , subject to the following paragraphs of this Schedule, ”.

School Inspections Act 1996 (c. 57) E+W

51 In section 35(4)(b) of the School Inspections Act 1996 (power of an education association to provide education which is neither primary nor secondary education), for “the age of five” substitute “ compulsory school age ”.

Section 57(4).

SCHEDULE 8 U.K. Repeals

Commencement Information

I34 Sch. 8 in force for specified repeals; at 4.4.1997 by S.I. 1997/1153, art. 2 ; at 14.6.1997, 1.9.1997 and 1.10.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pts. I, II ; at 1.3.1998, 1.8.1998 and 1.9.1998 by S.I. 1998/386, art. 2, Sch. 1 Pts. I, III, IV; at 1.9.2001 by S.I. 2001/1215, art. 2

Chapter	Short title	Extent of repeal
1972 c.11.	Superannuation Act 1972.	In Schedule 1, in the list of Other Bodies, the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.
1975 c.24.	House of Commons Disqualification Act 1975.	In Part III of Schedule 1, the entries relating to the Curriculum and Assessment Authority for Wales, the National Council for Vocational Qualifications and the School Curriculum and Assessment Authority.
1996 c.56.	Education Act 1996.	In section 4(2), the words “(pupil referral units)”.
		In section 19(1) and (4), the words “full-time or part-time”.
		In section 312(2)(c), the words “or over”.
		In section 355(5), the definition of “school year” and the “and” preceding it.
		Sections 358 to 361.
		Sections 400 and 401.
		In section 408(4)(f), “, 400, 401”.
		Section 423(6).
		In section 479(2), the words “providing secondary education”.
		Section 571(2).
		In Schedule 16, in paragraph 15(1), the words from “ ,including” to “brought,”.
		In Schedule 23, in paragraph 4(1) “, 400”.
		Schedules 29 and 30.
		In Schedule 37, paragraph 17, in paragraph 21 the words in sub-paragraph (1)(a) from “the entry” to “1993) and” and sub-paragraph (1)(b) and the “and” preceding it and sub-paragraph (2), in paragraph 30 sub-paragraphs (1)(a), (2) and (3), and paragraph 120.