- Latest available (Revised)
- Point in Time (01/09/2005)
- Original (As enacted)
Version Superseded: 01/09/2003
Point in time view as at 01/09/2005.
School Standards and Framework Act 1998, Chapter V is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Schedule 16 has effect in relation to the staffing of community, voluntary controlled and community special schools.
(2)If at any time a community, voluntary controlled or community special school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15—
(a)Schedule 16 shall not apply; and
(b)subsections (3) to (5) below shall apply instead.
(3)The number of teachers and non-teaching staff to be employed at the school shall be determined by the local education authority.
(4)The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.
(5)The authority shall, in connection with the exercise of their functions under subsection (4), consult the governing body to such extent as the authority think fit.
(6)In relation to reserved teachers at a voluntary controlled school, Schedule 16 or (as the case may be) subsection (4) above has effect subject to section 58.
Modifications etc. (not altering text)
C1S. 54(3)-(5) applied (1.9.1999) by S.I. 1999/2243, reg. 51(2).
S. 54(3)-(5) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(2).
C2S. 54(4) modified (1.9.1999) by S.I. 1999/2243, reg. 51(4).
S. 54(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 51(4).
C3S. 54(4)(5) modified (1.9.1999) by S.I. 1999/2243, reg. 52(3)
Commencement Information
I1S. 54 wholly in force at 1.9.1999; s. 54 not in force at Royal Assent see s. 145(3); s. 54 in force for certain purposes at 1.2.1999 by S.I. 1999/120, art. 2(1), Sch. 1; s. 54 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
(1)Schedule 17 has effect in relation to the staffing of foundation, voluntary aided and foundation special schools.
(2)If at any time a foundation, voluntary aided or foundation special school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, Schedule 17 shall apply to the school subject to subsections (3) to (7) below.
(3)The number of teachers and non-teaching staff to be employed at the school shall be determined by the local education authority.
(4)Except with the consent of the authority, the governing body shall not—
(a)appoint any teacher to be employed at the school or engage, or make arrangements for the engagement of, any person to provide his services as a teacher at the school, or
(b)dismiss any teacher at the school.
(5)The authority may give the governing body directions—
(a)as to the educational qualifications of the teachers to be employed for giving secular education; or
(b)requiring them to dismiss any teacher at the school;
but the authority shall not give any directions under paragraph (a) except after consulting the governing body.
(6)The authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.
(7)Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement under Schedule 13) the use of those premises is or would be under the control of any such person, the reference in subsection (6) to the governing body shall be read as a reference to that person.
(8)Schedule 17 or (as the case may be) subsections (4) and (5) above have effect subject to section 58.
Modifications etc. (not altering text)
C4S. 55(3)-(7) applied (1.9.1999) by S.I. 1999/2243, reg. 52(2).
S. 55(3)-(7) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(2).
C5S. 55(4)(5) modified (1.9.1999) by S.I. 1999/2243, reg. 52(3).
S. 55(4)(5) modified (1.9.1999) by S.I. 1999/2243, reg. 52(4).
S. 55(4)(5) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(3).
S. 55(4)(5) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).
Commencement Information
I2S. 55 wholly in force at 1.9.1999; s. 55 not in force at Royal Assent see s. 145(3); s. 55 in force for certain purposes at 1.2.1999 by S.I. 1999/120, art. 2(1), Sch. 1; s. 55 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
(1)This section applies to a maintained school if—
(a)activities other than school activities (“non-school activities”) are carried on on the school premises, and
(b)all non-school activities which are so carried on are carried on under the management or control of the school’s governing body.
(2)The relevant staffing provisions shall, to such extent as the local education authority may determine, apply in relation to persons employed to work—
(a)partly for the purposes of school activities and partly for the purposes of non-school activities carried on on the school premises, or
(b)solely for the purposes of non-school activities so carried on,
as if all activities so carried on were school activities.
(3)The local education authority shall give the governing body notice in writing of any determination by the authority under subsection (2).
(4)In subsection (2) “the relevant staffing provisions” means—
(a)in relation to a community, voluntary controlled or community special school, the provisions of Schedule 16 and section 57; and
(b)in relation to a foundation, voluntary aided or foundation special school, the provisions of Schedule 17 and section 57.
(5)Nothing in this section applies to a school within subsection (1) at any time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15.
Modifications etc. (not altering text)
C6S. 56 applied (1.9.1999) by S.I. 1999/2243, reg. 49(2).
S. 56 applied (1.9.1999) by S.I. 1999/2243, reg. 50(2).
S. 56 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(2).
S. 56 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 50(2).
[F1(1)It shall be for the governing body of a maintained school to determine—
(a)whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and
(b)the amount of any such payment.
(2)Subsection (1) does not, however, apply in relation to a payment which the local education authority are required to make—
(a)by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or
(b)under any statutory provision.
(3)The local education authority—
(a)shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and
(b)shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.
(4)Costs incurred by the local education authority in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school’s budget share for one or more financial years except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met.
(5)Costs incurred by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school’s budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
(6)The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5); and in this subsection the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the M1Employment Rights Act 1996.
(7)Nothing in this section applies to a maintained school at any time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15.]
Textual Amendments
F1Ss. 54-57 repealed (1.10.2002 for E. for repeal of s. 57, 1.9.2003 for E for repeal of ss. 54-56) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1667, art. 4
Modifications etc. (not altering text)
C7S. 57 modified (temp.) (1.4.1999) by S.I. 1999/638, reg.6.
C8S. 57(3)(4)(5) excluded (1.4.1999) by S.I. 1999/638, reg.7.
C9S. 57(3) excluded (1.4.1999) by S.I. 1999/638, reg.8.
Marginal Citations
(1)In this section—
(a)subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and
(b)subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;
and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 69(3).
(2)Where the number of [F2the teaching staff of] [F2teachers at] a school to which this subsection applies is more than two, [F3the teaching staff shall] [F3the teachers shall] include persons who—
(a)are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and
(b)are specifically appointed to do so.
(3)The number of reserved teachers in such a school shall not exceed one-fifth of [F4the number of the teaching staff] [F4the total number of teachers], including the head teacher (and for this purpose, where [F4the number of the teaching staff] [F4the total number of teachers] is not a multiple of five, it shall be treated as if it were the next higher multiple of five).
(4)The head teacher of such a school shall not, [F5while holding the post of] [F5while he remains] head teacher of the school, be a reserved teacher.
(5)Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—
(a)shall consult the foundation governors, and
(b)shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).
(6)If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they [F6may require the appropriate body to dismiss him from employment as a reserved teacher in the school.] [F6may—
(a)in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and
(b)in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.]
(7)If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local education authority.
(8)Subsection (7) does not apply—
(a)where the school has a delegated budget, or
(b)to religious education in accordance with an agreed syllabus.
(9)In this section—
“the appropriate body” means—
in relation to a foundation school, the governing body, and
in relation to a voluntary controlled school, the local education authority;
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed [F7or engaged] at the school in pursuance of subsection (2).
Textual Amendments
F2Words in s. 58(2) substituted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(2)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F3Words in s. 58(2) substituted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(2)(b) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F4Words in s. 58(3) substituted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F5Words in s. 58(4) substituted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F6Words in s. 58(6) substituted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(5) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F7Words in s. 58(9) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(6) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
Modifications etc. (not altering text)
C10S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 49(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 50(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 51(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 52(3).
S. 58(2)-(6)(9) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(3).
C11S. 58(7) applied (1.9.1999) by S.I. 1999/2243, reg. 52(4).
S. 58(7) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).
(1)This section applies to—
(a)a community school or a community or foundation special school, or
(b)a foundation or voluntary school which does not have a religious character.
(2)No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
(a)from being a teacher at the school, or
(b)from being employed [F8or engaged] for the purposes of the school otherwise than as a teacher.
(3)No teacher at the school shall be required to give religious education.
(4)No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage—
(a)by reason of the fact that he does or does not give religious education, or
(b)by reason of his religious opinions or of his attending or omitting to attend religious worship.
Textual Amendments
F8Words in s. 59(2)(b) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 7 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
Modifications etc. (not altering text)
C12S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 49(2).
S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 50(4).
S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 51(2).
S. 59 applied with modifications (1.9.1999) by S.I. 1999/2243, reg. 52(5).
S. 59 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(2).
S. 59 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(4).
S. 59 applied with modifications (1.9.1999) by S.I. 1999/2262, regs. 48, 51(2).
S. 59 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).
C13S. 59(2)-(4) modified (1.9.1999) by S.I. 1999/2243, reg. 50(5).
S. 59(2)-(4) applied (with modifications) by S.I. 1999/2243, reg. 52(6).
S. 59(2)-(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 50(5).
S. 59(2)-(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(6).
(1)This section applies to a foundation or voluntary school which has a religious character.
(2)If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.
(3)Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.
(4)In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) regard may be had to that person’s ability and fitness to preserve and develop the religious character of the school.
(5)If the school is a voluntary aided school—
(a)preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—
(i)whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
(ii)who attend religious worship in accordance with those tenets, or
(iii)who give, or are willing to give, religious education at the school in accordance with those tenets; and
(b)regard may be had, in connection with the termination of the employment [F9or engagement] of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.
(6)If the school is a voluntary aided school, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed [F10or engaged] for the purposes of the school otherwise than as a teacher.
(7)Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the M2Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.
(8)In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).
Textual Amendments
F9Words in s. 60(5)(b) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 8(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F10Words in s. 60(6) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 8(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
Modifications etc. (not altering text)
C14S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 49(3).
S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 50(5).
S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 51(3).
S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 52(6).
S. 60 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(3).
S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(5).
S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(3).
S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(6).
Marginal Citations
(1)The governing body of a maintained school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.
(2)In particular, the governing body—
(a)shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and
(b)where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—
(i)shall notify him of those measures or matters, and
(ii)may give him such guidance as they consider appropriate;
and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.
(3)Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—
(a)the head teacher; and
(b)parents of registered pupils at the school.
(4)The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—
(a)promoting, among pupils, self-discipline and proper regard for authority;
(b)encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils;
(c)securing that the standard of behaviour of pupils is acceptable; and
(d)otherwise regulating the conduct of pupils.
(5)The head teacher shall in determining such measures—
(a)act in accordance with the current statement made by the governing body under subsection (2)(a); and
(b)have regard to any notification or guidance given to him under subsection (2)(b).
(6)The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.
(7)The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—
(a)he shall make the measures generally known within the school and to parents of registered pupils at the school; and
(b)he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed, or otherwise engaged to provide their services, at the school.
[F11(8)In this section “maintained school” includes a maintained nursery school.]
Textual Amendments
F11S. 61(8) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 102 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
Modifications etc. (not altering text)
C15S. 61 applied with modifications (1.9.1999) by S.I. 1999/2262, reg. 59.
C16S. 61 applied (with modifications) (10.7.2003) by New Schools (General) (England) Regulations 2003 (S.I. 2003/1558), regs. 1, 31
C17S. 61 modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(d)
C18S. 61 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 5
C19S. 61 extended (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 59.
(1)The local education authority may, in the circumstances mentioned in subsection (2) or where subsection (3) applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.
(2)The circumstances are that—
(a)in the opinion of the authority—
(i)the behaviour of registered pupils at the school, or
(ii)any action taken by such pupils or their parents,
is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and
(b)the governing body have been informed in writing of the authority’s opinion.
(3)This subsection applies where—
(a)a warning notice has been given in accordance with section 15(2) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,
(b)the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period, and
(c)the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under either or both of sections 16 and 17);
and a notice under paragraph (c) of this subsection may be combined with a notice under section 15(1)(c).
(4)Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.
[F12(5)In this section “maintained school” includes a maintained nursery school.]
Textual Amendments
F12S. 62(5) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 103 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
Modifications etc. (not altering text)
C20S. 62 modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(d)
C21S. 62(1)(2) applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 6
C22S. 62(4) applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 6
(1)Regulations may make provision for and in connection with—
(a)requiring, or
(b)enabling the Secretary of State to require,
governing bodies of maintained schools to secure that annual targets are set for reducing the level of [F13unauthorised] absences on the part of relevant day pupils at their schools.
(2)Regulations under this section may, in particular, make provision—
(a)for the Secretary of State to impose such a requirement on the governing body of a maintained school where—
(i)the specified condition is for the time being satisfied in relation to the school, and
(ii)he considers it appropriate to impose the requirement;
(b)for such a requirement to be imposed by the Secretary of State in such manner, and for such period, as may be specified in or determined in accordance with the regulations;
(c)for the Secretary of State, where he considers it appropriate to do so, to exempt the governing body of a maintained school, in relation to any school year, from a requirement imposed by virtue of subsection (1)(a) or (b).
(3)For the purposes of subsection (2)(a)(i) the specified condition is for the time being satisfied in relation to a maintained school if in the previous school year the level of [F14unauthorised] absences on the part of relevant day pupils at the school (as determined in accordance with the regulations) exceeded such level as may for that year be specified in or determined in accordance with the regulations.
[F15(3A)Provision made by regulations under this section may relate to—
(a)absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or
(b)absences which are not so authorised, or
(c)both.]
(4)In this section—
“relevant day pupil” means a pupil registered at a maintained school who is of compulsory school age and is not a boarder;
[F16“unauthorised absence”, in relation to such a pupil, means any occasion on which the pupil is recorded as absent without authority pursuant to regulations under section 434 of the M3Education Act 1996 (registration of pupils).]
Textual Amendments
F13Words in s. 63(1) repealed (1.6.2004 for E.) by Education Act 2002 (c. 32), ss. 53(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2004/1318, art. 2
F14Words in s. 63(3) repealed (1.6.2004 for E.) by Education Act 2002 (c. 32), ss. 53(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2004/1318, art. 2
F15S. 63(3A) inserted (1.6.2004 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 53(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2004/1318, art. 2; S.I. 2005/2910, art. 4, Sch.
F16Words in s. 63(4) repealed (1.6.2004 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 53(4), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2004/1318, art. 2; S.I. 2005/2910, art. 4, Sch.
Modifications etc. (not altering text)
C23S. 63 extended (temp.) (16.2.1999) by S.I. 1999/129, reg.2.
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Ss. 64-68 repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Ss. 64-68 repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Ss. 64-68 repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Ss. 64-68 repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Ss. 64-68 repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2003/2961, art. 7, Sch. Pt. IV
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: