Education Act 1997

Compulsory school age

52 Commencement of compulsory school age

(1) Section 8 of the [1996 c. 56.] Education Act 1996 (compulsory school age) shall be amended in accordance with subsections (2) and (3).

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

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

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

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

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

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

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

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

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

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

(a) as not attaining that age, and

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

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