Education Act 1997

1997 c. 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.

E1C1Be 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:—C7C8C12

Annotations:
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

C8

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

Part I Assisted places scheme

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II School discipline

Responsibility for discipline

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to restrain pupils

F1534 Power of members of staff to restrain pupils.

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Detention

F1545 Detention outside school hours lawful despite absence of parental consent.

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Exclusion of pupils from school

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

LEA plans

F1149LEA plans relating to children with behavioural difficulties.

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

Part III School admissions

Chapter I County and voluntary schools

Partially-selective schools

F710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children permanently excluded from two or more schools

F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F912. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Home-school partnership documents

F1013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II Grant-maintained schools

F1114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Baseline assessments and pupils’ performance

F176Chapter IBaseline assessments

Annotations:
Amendments (Textual)
F176

Pt. IV Ch. I repealed (2.9.2002 for E., 1.9.2011 for W.) by Education Act 2002 (c. 32), ss. 204, 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2011/1952, art. 2(1)(2)(a)(c)

F17615Introductory

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

F17616 Adoption of baseline assessment schemes.

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

F17617 Assessment of pupils in accordance with scheme.

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F17618 Regulations for purposes of this Chapter.

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Chapter II Pupils’ performance

19 School performance targets.

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.

F123

In this section “maintained school” means—

a

a community, foundation or voluntary school, or

b

a community or foundation special school (other than one established in a hospital).

20 Provision of information about individual pupils’ performance.

After section 537 of the M1Education 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 F150local authority, or

ii

a grant-maintained school, or

iii

a special school which is not maintained by a F150local 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.

Part V Supervision of curriculum for schools and external qualifications

Chapter I The Qualifications and Curriculum Authority

Establishment of the Authority

F15521 The Qualifications and Curriculum Authority.

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

Functions of the Authority

F15522 General function of Authority to advance education and training.

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F15523 Functions of the Authority in relation to curriculum and assessment.

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F15524 Functions of the Authority in relation to external vocational and academic qualifications.

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F15525 Other functions of the Authority.

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F15526 Supplementary provisions relating to discharge by Authority of their functions.

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F15526A Power of Authority to give directions

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Chapter IIF74Functions of the National Assembly for Wales

Annotations:
Amendments (Textual)

F81...

Annotations:
Amendments (Textual)

F8227 The Qualifications, Curriculum and Assessment Authority for Wales.

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

Functions of the F76National Assembly for Wales

Annotations:
Amendments (Textual)

28 General function of F77National Assembly for Wales to advance education and training.

1

The functions conferred on the F86National Assembly for Wales by this Part shall be exercised by F87the National Assembly for Wales for the purpose of advancing education and training in Wales.

2

F88The National Assembly for Wales shall exercise F89its functions under this Part with a view to promoting quality and coherence in education and training in relation to which F90it has functions under this Part.

C1129 Functions of the F78National Assembly for Wales in relation to curriculum and assessment.

1

F83The National Assembly for Wales shall have the functions set out in subsection (2) F13 with respect to—

a

pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

b

pupils at maintained nursery schools in Wales, and

c

children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

2

The functions are—

a

to keep under review all aspects of the curriculum for F14maintained schools or maintained nursery schools and all aspects of school examinations and assessment;

F84b

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

F85c

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

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; F15...

f

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F162A

In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

3

The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are F17under compulsory school age.

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.

F1585

In this section—

  • “assessment” includes examination and test;

  • “funded nursery education” has the meaning given by section 98 of the Education Act 2002;

  • “maintained school” means—

    1. a

      any community, foundation or voluntary school, and

    2. b

      any community F216... special school.

6

In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community F217... special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.

30 Functions of the F79National Assembly for Wales in relation to F159relevant qualifications

F1611

This section applies for the purposes of the following functions—

a

to keep under review all aspects of relevant qualifications;

b

to provide support and advice to any person providing courses leading to relevant qualifications with a view to establishing and maintaining high standards in the provision of such courses;

c

to publish and disseminate, and assist in the publication and dissemination of, information relating to relevant qualifications;

d

to develop and publish criteria for the recognition of any person who awards or authenticates a relevant qualification;

e

to recognise in respect of the award or authentication of a specified relevant qualification or description of relevant qualification, any person who meets such criteria and applies to be so recognised;

f

to determine that a specified relevant qualification or description of relevant qualification is to be subject to a requirement of accreditation;

g

in respect of relevant qualifications which are subject to that requirement, to develop and publish criteria for the accreditation of particular forms of any such qualifications;

h

where a relevant qualification is subject to that requirement, to accredit a particular form of the qualification which meets such criteria and is submitted for accreditation by a person recognised under paragraph (e) in respect of the qualification;

i

to publish and disseminate, and assist in the publication and dissemination of, information relating to persons recognised under paragraph (e);

j

to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining relevant qualifications and which fall within a prescribed description.

F911A

In subsection F162(1)(g)— “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph F163(h) of that subsection is to be construed accordingly.

F1661B

The functions set out in subsection (1) are exercisable solely by the Welsh Ministers.

F1641C

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

F1671D

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F1652

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F183

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.

F924

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

F1605

In this Chapter “relevant qualification” means an academic or vocational qualification awarded or authenticated in Wales other than an excluded qualification.

5A

An excluded qualification is any of the following—

a

a foundation degree;

b

a first degree;

c

a degree at a higher level.

5B

For the purposes of subsection (5) a qualification is awarded or authenticated in Wales if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in Wales.

5C

In this section and sections 32 to 32C a reference to the award or authentication of a qualification includes a reference to—

a

the award or authentication of credits in respect of components of a qualification, and

b

the award or authentication of a qualification by a person either alone or jointly with others.

F1686

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

F9331 Other functions of the Authority.

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

32 Supplementary provisions relating to discharge by F80the National Assembly for Wales of its functions .

1

In carrying out F94its functions under this Part F95the National Assembly for Wales shall—

F96a

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

F97b

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

c

so far as relevant, have regard to—

i

the requirements of F65section 99 of the Education Act 2002 (general duties in respect of curriculum),

ii

the F171reasonable requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

F172iii

the reasonable requirements of persons with learning difficulties.

2

In carrying out those functions F98the National Assembly for Wales shall in addition have regard to information supplied F99to it by F19Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru or by any body designated by the Secretary of State for the purposes of this section.

3

Where in carrying out any of F100its functions under this Part F101the Assembly F128recognises any person or accreditsF20... any qualification, F102it may do so on such terms (including terms as to payment) F20... as F102it may determine.

F213A

Where in carrying out those functions F103the National Assembly for Wales F129recognises any person or accredits any qualification, F104it may, at the time of F130recognition or of accreditation or later, impose such conditions on F131recognition or accreditation or continued F132recognition or accreditation as F104it may determine.

4

Those conditions may in particular include conditions—

F173a

limiting the amount of a fee that can be charged for the award or authentication of, or for the provision of any other service in relation to, the qualification in question; and

F22b

requiring rights of entry to premises and to inspect and copy documents so far as necessary for F105the National Assembly for Wales —

i

to satisfy F106itself that the appropriate standards are being F133maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question, or

ii

to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.

F1704A

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

F1075

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

F1696

In this section “persons with learning difficulties” means—

a

children with special educational needs (as defined in section 312 of the Education Act 1996), and

b

other persons 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.

7

But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

32ZAF157Qualifications functions of Welsh Ministers: co-operation and joint working etc.

1

The Welsh Ministers may co-operate or work jointly with a relevant authority where it is appropriate to do so in connection with the carrying out of any of their qualifications functions.

2

The Welsh Ministers may provide information to a relevant authority for the purpose of enabling or facilitating the carrying out of a relevant function of the authority.

3

Subject to subsection (4), the Welsh Ministers and any other relevant authority may establish a committee jointly, and any committee so established may establish sub-committees.

4

The Welsh Ministers may only exercise the power in subsection (3) if they consider it appropriate to do so for the purpose of the carrying out of any of their qualifications functions.

5

In this section a committee established under subsection (3) is referred to as a “joint committee” and a sub-committee established under that subsection is referred to as a “joint sub-committee”.

6

A joint committee and a joint sub-committee must include at least one member of staff of the Welsh Assembly Government.

7

A joint committee may regulate—

a

its own procedure (including quorum), and

b

the procedure (including quorum) of any sub-committee established by it.

8

The validity of proceedings of a joint committee or a joint sub-committee is not affected by—

a

a vacancy, or

b

a defective appointment.

9

The Welsh Ministers may delegate any of their qualifications functions to a joint committee to the extent and on the terms that they determine.

10

A joint committee may delegate any of its functions to a sub-committee established by it to the extent and on the terms that the joint committee determines.

11

The powers of a joint committee under subsection (10) are subject to the power of the Welsh Ministers and any other person with whom they established the joint committee to direct (acting jointly) what the committee may and may not do.

12

Nothing in subsection (2)—

a

affects any power to disclose information that exists apart from that subsection, or

b

authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

13

In this section—

  • “qualifications functions” means functions in connection with relevant qualifications;

  • “relevant authority” means any person who carries out a function (whether or not in the United Kingdom) which is similar to any of the qualifications functions of the Welsh Ministers;

  • “relevant function” means a function which is similar to any of the qualifications functions of the Welsh Ministers.

32AF134 Power of Welsh Ministers to give directions

F1851

Subsection (1A) applies if it appears to the Welsh Ministers that a recognised person has failed or is likely to fail to comply with a condition subject to which the recognition has effect.

1A

The Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

2

Subsection (2A) applies if it appears to the Welsh Ministers that a recognised person who awards or authenticates a qualification accredited by them has failed or is likely to fail to comply with a condition subject to which the accreditation has effect.

2A

The Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

3

It shall be the duty of the recognised person to comply with any direction under this section.

4

Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

5

In this section F174and sections F18632AA to 32C “recognised person” means a person recognised by the Welsh Ministers.

F1756

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

32AAF183Power of Welsh Ministers to impose monetary penalties

1

Subsection (2) applies if it appears to the Welsh Ministers that a recognised person has failed to comply with a condition subject to which the recognition has effect.

2

The Welsh Ministers may impose a monetary penalty on the recognised person.

3

Subsection (4) applies if it appears to the Welsh Ministers that a recognised person who awards or authenticates a qualification accredited by them has failed to comply with a condition subject to which the accreditation has effect.

4

The Welsh Ministers may impose a monetary penalty on the recognised person.

5

A “monetary penalty” is a requirement to pay to the Welsh Ministers a penalty of an amount determined by them in accordance with section 32AB.

6

Before imposing a monetary penalty on a recognised person, the Welsh Ministers must give notice to the person of their intention to do so.

7

The notice must—

a

set out their reasons for proposing to impose the penalty, and

b

specify the period during which, and the way in which, the recognised person may make representations about the proposal.

8

The period specified under subsection (7)(b) must not be less than 28 days beginning with the date on which the notice is received.

9

The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to impose a monetary penalty on the person.

10

If the Welsh Ministers decide to impose a monetary penalty on the person, they must give the person a notice containing information as to—

a

the grounds for imposing the penalty,

b

how payment may be made,

c

the period within which payment is required to be made (which must not be less than 28 days),

d

rights of appeal,

e

the period within which an appeal may be made, and

f

the consequences of non-payment.

32ABMonetary penalties: amount

1

The amount of a monetary penalty imposed on a recognised person under section 32AA must not exceed 10% of the person's turnover.

2

The turnover of a person for the purposes of subsection (1) is to be determined in accordance with an order made by the Welsh Ministers.

3

Subject to subsection (1), the amount may be whatever the Welsh Ministers decide is appropriate in all the circumstances of the case.

32ACMonetary penalties: appeals

1

A recognised person may appeal to the First-tier Tribunal against—

a

a decision to impose a monetary penalty on the person under section 32AA;

b

a decision as to the amount of the penalty.

2

An appeal under this section may be made on the grounds—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unreasonable.

3

The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

4

On an appeal under this section the Tribunal may—

a

withdraw the requirement to pay the penalty;

b

confirm that requirement;

c

vary that requirement;

d

take such steps as the Welsh Ministers could take in relation to the failure to comply giving rise to the decision to impose the requirement;

e

remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to the Welsh Ministers.

32ADMonetary penalties: interest and recovery

1

This section applies if all or part of a monetary penalty imposed on a recognised person is unpaid at the end of the period ending on the applicable date.

2

The applicable date is—

a

the last date on which the recognised person may make an appeal under section 32AC in respect of the penalty, if no such appeal is made;

b

if an appeal under section 32AC in respect of the penalty is made—

i

the date on which the appeal is determined, or

ii

if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

3

The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

4

The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

5

The Welsh Ministers may recover from the person, as a civil debt due to them, the unpaid amount of the penalty and any unpaid interest.

32BF156Power of Welsh Ministers to withdraw recognition

1

Subsection (2) applies if a recognised person has failed to comply with any condition subject to which the recognition has effect.

F1872

The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of—

a

a specified qualification or description of qualification in respect of which the person is recognised, or

b

every qualification or description of qualification in respect of which the person is recognised.

3

Subsection (4) applies if a recognised person who awards or authenticates a qualification accredited by the Welsh Ministers has failed to comply with any condition subject to which the accreditation has effect.

F1884

The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of—

a

the qualification or a specified description of qualification in respect of which the person is recognised, or

b

every qualification or description of qualification in respect of which the person is recognised.

5

Before withdrawing recognition from a recognised person in any respect the Welsh Ministers must give notice to the person of their intention to do so.

6

The notice must—

a

set out the Welsh Ministers' reasons for proposing to withdraw recognition from the recognised person in the respect in question, and

b

specify the period during which, and the way in which, the recognised person may make representations about the proposal.

7

The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to withdraw recognition from the person in the respect in question.

8

If the Welsh Ministers decide to withdraw recognition from a recognised person they must give notice to the person of their decision and of the date on which the withdrawal is to take effect.

9

At any time before a withdrawal takes effect the Welsh Ministers may vary the date on which it is to take effect by giving further notice to the recognised person.

10

The Welsh Ministers must establish arrangements for the review, at the request of a recognised person, of a decision to withdraw recognition under this section.

11

The arrangements established under subsection (10) may require or permit the decision on review to be made by a person other than the Welsh Ministers.

32BAF184Costs recovery

1

The Welsh Ministers may, by notice, require a recognised person on whom a sanction has been imposed to pay the costs incurred by the Welsh Ministers in relation to imposing the sanction, up to the time it is imposed.

2

The references in subsection (1) to imposing a sanction are to—

a

giving a direction under section 32A;

b

imposing a monetary penalty under section 32AA;

c

withdrawing recognition under section 32B.

3

“Costs” includes in particular—

a

investigation costs;

b

administration costs;

c

costs of obtaining expert advice (including legal advice).

4

A notice given to a recognised person under subsection (1) must contain information as to—

a

the amount required to be paid,

b

how payment may be made,

c

the period within which payment is required to be made (which must not be less than 28 days),

d

rights of appeal,

e

the period within which an appeal may be made, and

f

the consequences of non-payment.

5

The person may require the Welsh Ministers to provide a detailed breakdown of the amount specified in the notice.

32BBCosts recovery: appeals

1

A recognised person may appeal to the First-tier Tribunal against—

a

a decision under section 32BA(1) to require the person to pay costs;

b

a decision as to the amount of those costs.

2

An appeal under this section may be made on the grounds—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unreasonable.

3

The requirement to pay the costs is suspended pending the determination of an appeal under this section.

4

On an appeal under this section the Tribunal may—

a

withdraw the requirement to pay the costs;

b

confirm that requirement;

c

vary that requirement;

d

take such steps as the Welsh Ministers could take in relation to the failure to comply giving rise to the decision to impose the requirement;

e

remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to the Welsh Ministers.

32BCCosts: interest and recovery

1

This section applies if all or part of an amount of costs that a recognised person is required to pay under section 32BA(1) is unpaid at the end of the period ending on the applicable date.

2

The applicable date is—

a

the last date on which the recognised person may make an appeal under section 32BB in respect of the costs, if no such appeal is made;

b

if an appeal under section 32BB in respect of the costs is made—

i

the date on which the appeal is determined, or

ii

if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

3

The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

4

The total amount of interest imposed under subsection (3) must not exceed the amount of the costs.

5

The Welsh Ministers may recover from the person, as a civil debt due to them, the unpaid amount of the costs and any unpaid interest.

32CSurrender of recognition

1

A recognised person may give notice to the Welsh Ministers that the person wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.

2

As soon as reasonably practicable after receipt of a notice under subsection (1) the Welsh Ministers must give notice to the recognised person of the date on which the person is to cease to be recognised in the respect in question (“the surrender date”).

3

At any time before the surrender date the Welsh Ministers may vary that date by giving further notice to the recognised person.

4

In deciding or varying the surrender date the Welsh Ministers must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).

Chapter III Provisions supplementary to Chapters I and II

Dissolution of existing bodies

F7033 Dissolution of existing bodies.

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

Transfer of property and staff

F7134 Transfer of property.

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

F18235 Transfer of staff.

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

Levy on bodies awarding accredited qualifications

F13936 Levy on bodies awarding qualifications accredited by relevant body.

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

Chapter IV Control of certain courses leading to external qualifications

F7237 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.

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

Part VI Inspection of F151local authorities and school inspections

Annotations:
Amendments (Textual)

Chapter I Inspection of F151local authorities

C1338 Inspection of F151local authorities .

1

The Chief Inspector—

a

may, and

b

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

arrange for any F150local authority to be inspected under this section.

F1152

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

F1272A

An inspection of a F150local authority in Wales under this section shall consist of a review of the way in which the authority are performing—

F152a

any education function of theirs;

b

the functions conferred on them under sections 25 and 26 F126of the Children Act 2004 so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).

3

A request by the Secretary of State under this section may relate to one or more F151local authorities, and shall specify both—

a

the F150local 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).

C95

Any inspection under this section shall be conducted—

a

by one of Her Majesty’s Inspectors of Schools in F118... Wales, or

b

by any additional inspector authorised under F119... F108paragraph 2 of Schedule 2 to F120the Education Act 2005;

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 F150local 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 F11741A “the Chief Inspector” means—

F116a

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

b

in relation to a F150local authority in Wales, F23Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru;

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

C239 Reports of inspections under s. 38 and action plan by F150local authority

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 F150local authority to which the inspection relates; and

b

the Secretary of State.

2

Where a F150local 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 F24; and F121F109... section 29(2) to (4) of F122 the Education Act 2005 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F123F110... section 29(2) .

F2540 Inspector’s rights of entry etc.

1

This section applies where a F150local authority are inspected under section 38.

C102

The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

a

the premises of the F150local authority,

b

the premises of any school maintained by the authority, and

c

any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

C103

The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

a

any records kept by, and any other documents containing information relating to, the F150local authority or any school maintained by the authority, and

b

any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

4

F111Section 58 of the Education Act 2005 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

5

Without prejudice to subsections (2) and (3), the F150local authority and the governing body of any school maintained by the authority—

a

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

shall secure that all such assistance is also given by persons who work at the school.

6

It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

7

A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

8

In this section—

  • “document” and “records” each include information recorded in any form; and

  • “relevant section 19 education” means education provided to a child by virtue of arrangements made by the F150local authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).

F12441 Inspections involving collaboration of Audit Commission.

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

41AF73Inspections involving collaboration of Auditor General for Wales

1

If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a F150local authority in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

2

Section 40 shall apply to the Auditor General for Wales 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 Auditor General for Wales 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 Auditor General for Wales.

6

The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance.

7

In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.

Chapter II School Inspections

F11242 Miscellaneous amendments relating to school inspections.

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

Part VII Careers education and guidance

C1442AF191Provision of careers guidance in schools in England

1

The responsible authorities for a school in England within subsection (2) must secure that all registered pupils at the school are provided with independent careers guidance during the relevant phase of their education.

2

A school is within this subsection if it provides secondary education and is one of the following—

a

a community, foundation or voluntary school;

b

a community or foundation special school (other than one established in a hospital);

c

a pupil referral unit.

3

The responsible authorities for a school within subsection (2) are—

a

in the case of a school within subsection (2)(a) or (b), its governing body;

b

in the case of a pupil referral unit, the local authority that maintain it.

4

The responsible authorities must secure that careers guidance provided under subsection (1)—

a

is presented in an impartial manner,

C15b

includes information on options available in respect of 16 to 18 education or training, including apprenticeships, and

c

is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given.

5

Careers guidance provided to pupils at a school is independent for the purposes of this section if it is provided other than by—

a

a teacher employed or engaged at the school, or

b

any other person employed at the school.

6

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 the pupil's class attain the age of 14, and

b

ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 16.

7

In this section—

  • “apprenticeship” includes employment and training leading to the issue of an apprenticeship certificate under section 3 or 4 of the Apprenticeships, Skills, Children and Learning Act 2009;

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

  • “careers guidance” means guidance about careers;

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

    1. a

      the teaching group in which the pupil is regularly taught, or

    2. b

      if the pupil 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;

  • “16 to 18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;

  • “training” includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still a registered pupil at a school in England).

C3C4C643 Provision of careers education in schools F192in Wales

1

All registered pupils at a school F198in Wales 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—

F26a

community, foundation and voluntary schools;

F27b

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

F28c

community F218... special schools (other than those established in hospitals);

F193d

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

e

pupil referral units.

F1942A

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

F1942B

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

3

It is the duty of each of the following to secure that subsection (1) F195... 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,

F199b

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

c

in the case of a pupil referral unit, the F150local authority maintaining the unit and the teacher in charge of it.

F2004

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

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” F196has the same meaning as in section 42A;

  • F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C544 Schools and other institutions F201in Wales to co-operate with careers advisers.

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 F29the age of 16) 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 F202in Wales listed in section 43(2)(a) and (c); and

b

institutions F203in Wales within the further education sector.

F2049

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

a

the governing body of the school or institution;

b

its head teacher, principal or other head.

10

For the purposes of this section—

a

a pupil at a school F205in Wales 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 F206in Wales 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 M2Employment 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.

C1645 Provision of careers information at schools and other institutions.

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 F211in Wales listed in section 43(2)(a) and (c); and

b

institutions within the further education sector.

F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2082A

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

F2082B

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

F2093

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

a

the governing body of the school or institution;

b

its head teacher, principal or other head.

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 M3Employment and Training Act 1973.

5

In this section “career” F210and “careers education” have the same meaning as in section 43.

6

Nothing in this section applies to any primary school.

45AF135Guidance as to discharge of dutiesF212 : schools in England

1

The persons responsible for discharging a relevant duty in relation to a school in England falling within section F21342A(2) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State.

2

A “relevant duty” means a duty under F21442A(1) or (4).

45BF136Provision of curriculum informationF215: Wales

1

Subject to subsections (2) and (3), a service provider may demand from a person mentioned in subsection (6) such curriculum information as is specified in the demand.

2

A service provider must not demand any curriculum information unless the provider reasonably considers that the information would assist it in providing its services.

3

A service provider must not demand any curriculum information which identifies, or allows to be identified, any pupil or student.

4

A person mentioned in subsection (6) must comply with a demand made under subsection (1) by providing the service provider with the information demanded.

5

A service provider may publish in whatever form it sees fit any curriculum information provided under subsection (4).

6

The persons referred to in subsection (1) are—

a

the governing body and head teacher of a school in Wales falling within section 43(2)(a); and

b

the governing body and principal of an institution within the further education sector in Wales.

7

In this section—

  • “curriculum information” means—

    1. a

      in relation to a school mentioned in subsection (6)(a), information about the curriculum for registered pupils at the school during the relevant phase of their education; and

    2. b

      in relation to an institution within the further education sector, information about the courses of study and other education and training available at the institution;

  • “pupil” means, in relation to a school mentioned in subsection (6)(a), a person receiving education at the school;

  • “relevant phase” has the same meaning as in section 43(5);

  • “service provider” means a person providing services in pursuance of arrangements made with, or directions given by, the Welsh Ministers under section 10 of the Employment and Training Act 1973, and “services” shall be construed accordingly; and

  • “student” means, in relation to an institution within the further education sector, a person receiving education at the institution.

46 Extension or modification of provisions of ss. 43 to 45.

1

The Secretary of State may by regulations extend the scope of operation of section F178 42A, 43 or 44 by substituting for the period specified in section 42A(6), 43(5) or 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.

F1772A

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

a

the governing bodies of institutions in England within the further education sector, and

b

the principals or other heads of such institutions,

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

3

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

a

the governing bodies of institutions F179 in Wales 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;

  • F180“careers guidance” has the same meaning as in section 42A;

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

Part VIII Miscellaneous and general

Exceptional educational provision

47 Functions of F151local authorities as regards exceptional educational provision.

1

Section 19 of the M4Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.

2

In subsection (1) (duty of F150local 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 F150local 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 F150local authority shall have regard to any guidance given from time to time by the Secretary of State.

Management committees for pupil referral units

48 Management committees for pupil referral units.

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

15 Management committees

1

Regulations may make provision—

a

for requiring any F150local 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 F150local 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 F150local 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 F150local 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

F12549 Power to make regulations: teachers not under contract of employment and persons having access to those under 19.

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

Costs of teachers’ premature retirement

F3050. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definition of “school”

51 Definition of “school”.

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

I152 Commencement of compulsory school age.

1

Section 8 of the M5Education 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.

F314

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

F315

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

General provisions

53 Stamp duty.

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 M6Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M7Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

53AF68Stamp duty land tax

1

For the purposes of stamp duty land tax, a land transaction effected by virtue of section 30 is exempt from charge.

2

Relief under this section must be claimed in a land transaction return or an amendment of such a return.

3

In this paragraph—

  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

  • “land transaction return” has the meaning given by section 76(1) of that Act.

P154 Orders and regulations.

1

Any power of the Secretary of State to make orders or regulations under this Act F140... shall be exercised by statutory instrument.

2

A statutory instrument containing any order or regulations under this Act, except an order under section F18932AB(2) or 58, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F1902A

A statutory instrument which contains (whether alone or with other provision) an order under section 32AB(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

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.

55 Financial provisions.

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.

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 M8Education 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.

I257 Minor and consequential amendments, repeals etc.

1

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

F322

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

F333

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

4

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

P258 Short title, commencement and extent etc.

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 M9Education Act 1996.

P33

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—

  • F34. . .

  • 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—

  • F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • sections F14435,

  • section 53,

  • section 54,

  • this section,

  • F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

SCHEDULES

F35SCHEDULE 1

Annotations:
Amendments (Textual)
F35

Sch. 1 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch. 31 (with ss. 138(9), 144(6); S.I. 1999/2323, art. 2(1), Sch.1

F36SCHEDULE 2

Annotations:
Amendments (Textual)

F37SCHEDULE 3

Annotations:
Amendments (Textual)
F37

Sch. 3 repealed (1.2.1999 to the extent that it relates to the repeal of paragraphs 1 and 2 of the Schedule inserted as Schedule 33B to the 1996 Act set out in Sch. 3, and wholly repealed (1.9.1999)) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1 Pt. III and S.I. 1999/2323, art. 2(1), Sch.1

F138SCHEDULE 4 The Qualifications and Curriculum Authority

Section 21.

Annotations:
Amendments (Textual)

F138 Status

F1381

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

F138 Powers

F1382

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

F1383

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

F138 Chief officer

F1384

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

F138 Chairman and chief officer: division of functions

F1385

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

F138 Tenure of office

F1386

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

F1387

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

F1388

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

F138 Payments to members

F1389

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

F138 Staff

F13810

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

F13811

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

F138 Finance

F13812

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

F138 Committees

F13813

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

F138 Delegation of functions

F13814

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

F138 Proceedings

F13815

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

F13816

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

F13817

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

F138 Accounts

F13818

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

F138 Documents

F13819

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

F13820

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

F75SCHEDULE 5 The Qualifications, Curriculum and Assessment Authority for Wales

Section 27.

Annotations:
Amendments (Textual)

F75 Status

F751

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

F75 Powers

F752

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

F753

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

F75 Chief officer

F754

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

F75 Tenure of office

F755

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

F756

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

F757

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

F75 Payments to members

F758

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

F75 Staff

F759

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

F7510

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

F75 Finance

F7511

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

F75 Committees

F7512

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

F75 Delegation of functions

F7513

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

F75 Proceedings

F7514

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

F7515

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

F7516

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

F75 Accounts

F7517

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

F75 Documents

F7518

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

F7519

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

F113SCHEDULE 6 School inspections

Section 42.

Annotations:
Amendments (Textual)
F113

Sch. 6 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F113 Introductory

F1131

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

F113 Rights of entry et ceteralaetc. for Chief Inspectors

F1132

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

F1133

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

F113 Removal of inspectors from register

F1134

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

F1135

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

F113 Inspections of closing schools

F1136

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

F113 Publication of inspection reports

F1137

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

F113 Computer records

F1138

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

F113 Delegation of functions of Chief Inspectors

F1139

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

F113 Tenders and consultation

F11310

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

F113 Inspection teams

F11311

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

F113 Rights of entry et ceteralaetc. for registered inspectors

F11312

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

SCHEDULE 7 Minor and consequential amendments

Section 57(1).

Public Records Act 1958 (c. 51)

F1461

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

F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)

F1372

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

Superannuation Act 1972 (c. 11)

I33

1

In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies (bodies in respect of which there are superannuation schemes)—

a

omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority; F148...

F148b

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

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.

House of Commons Disqualification Act 1975 (c. 24)

I44

1

Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.

2

Omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.

F1493

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

4

Omit the entry relating to the National Council for Vocational Qualifications.

Local Government Finance Act 1982 (c. 32)

F385

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

Finance Act 1991 (c. 31)

F396

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

Charities Act 1993 (c. 10)

F1817

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

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)

F668

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

Education Act 1996 (c. 56)

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

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

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

In section 6(1) of that Act (nursery schools), for “the age of five” substitute “ compulsory school age ”.

12

In section 14(4) of that Act (functions of F150local authority in respect of provision of primary and secondary schools), for “the age of five” substitute “ compulsory school age ”.

13

In section 17(2) of that Act (powers of F150local authority in respect of nursery education), for “the age of five”, in both places, substitute “ compulsory school age ”.

F6714

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

F4115

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

F4216

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

F4317

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

F4418

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

F4519

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

F4620

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

F4721

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

F4822

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

23

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

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 ”.

F4925

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

I526

Omit sections 358 to 361 of that Act (provisions about Curriculum Authorities).

Annotations:
Commencement Information
I5

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

I627

F50In 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 ”.

I728

F51In 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 ”.

29

In section 391(10) of that Act (functions of advisory councils)—

F147a

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

b

for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.

I830

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”.

Annotations:
Commencement Information
I8

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

F5231

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

F5332

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

F5433

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

F5534

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

F5635

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

F6936

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

37

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. ”

38

For the cross-heading “CORPORAL PUNISHMENT” preceding section 548 of that Act substitute—

PUNISHMENT AND RESTRAINT OF PUPILS

Corporal punishment

39

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.

F5740

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

41

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

At the end of section 578 of that Act (“the Education Acts”) add—

the Education Act 1997.

43

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;

I944

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)

Annotations:
Commencement Information
I9

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

F5845

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

F5946

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

F6047

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

F6148

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

F6249

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

F6350

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

School Inspections Act 1996 (c. 57)

F6451

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

I10SCHEDULE 8 Repeals

Section 57(4).

Annotations:
Commencement Information
I10

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.