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
S. 52, as partially repealed, wholly in force at 1.10.1998; s. 52 not in force at Royal Assent see s. 58(3); s. 52(4) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt.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. 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; s. 57(1)(4) in force for certain purposes at 1.9.2001 by S.I. 2001/1215, art. 2
S. 50 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.218, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch.1
S. 52(4)(5) repealed (1.10.1998) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para.218, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1, Pt. I
S. 57(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.220, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch.3
S. 57(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.220, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch.3
Words in s. 58(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.221, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
Words in s. 58(6) substituted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2
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)
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)
S. 58(3) power partly exercised (26.3.2001): 1.9.2001 appointed for specified provisions by S.I. 2001/1215, art. 2
Section 19 of the
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.
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.
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.
Regulations may make provision— 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 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. Regulations under this paragraph may in particular make provision— 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; for requiring the approval of the Secretary of State to be obtained before any such joint committee is established; as to the composition of a management committee established under the regulations and— the appointment and removal of its members, and 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; 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; for authorising a management committee to establish sub-committees; 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; for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members; for applying to any such committee or sub-committee, with or without modification— any provision of the Education Acts, or 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.
Section 218 of the
The Secretary of State may by regulations impose requirements on— local education authorities, the governing bodies of schools or institutions falling within subsection (10) below, or 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). Those services are services provided in relation to the school or institution or persons attending it which— are provided by whatever means and whether under contract or otherwise, and bring the persons providing them regularly into contact with persons who have not attained the age of nineteen years.
For the purposes of this section— 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 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.
In this Act “ primary education, secondary education, or 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.
Section 8 of the
A person begins to be of compulsory school age— when he attains the age of five, if he attains that age on a prescribed day, and otherwise at the beginning of the prescribed day next following his attaining that age.
The Secretary of State may by order— 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); determine the day in any calendar year which is to be the school leaving date for that year.
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Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer effected by virtue of section 30 or 34.
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
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.
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.
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.
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.
There shall be paid out of money provided by Parliament—
any sums required for the payment by the Secretary of State of grants under this Act;
any administrative expenses incurred by the Secretary of State in consequence of this Act; and
any increase attributable to this Act in the sums so payable under any other Act.
In this Act—
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This Act shall be construed as one with the
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.
The minor and consequential amendments set out in Schedule 7 shall have effect.
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The enactments specified in Schedule 8 are repealed to the extent specified.
This Act may be cited as the Education Act 1997.
This Act shall be included in the list of Education Acts set out in section 578 of the
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.
The following provisions come into force on the day on which this Act is passed—
section 54,
paragraph 48(2) of Schedule 7 and section 57(1) so far as relating thereto, and
this section.
Subject to subsections (6) and (7), this Act extends to England and Wales only.
The following provisions extend to Northern Ireland—
sections 21 and 22,
section 24(4),
sections 34 to 36,
section 53,
section 54,
this section, and
Schedule 4.
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.