Part VII Miscellaneous and general

Construction

C1141 Minor authorities.

1

For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities if the area served by the school is—

a

a parish or community;

b

an area in England which is not within a parish and is not situated in—

i

a county for which there is no council, or

ii

a county in which there are no district councils; or

c

an area comprising two or more areas each of which falls within paragraph (a) or (b).

2

Where the area served by the school is a parish—

a

the parish council (if there is one), or

b

the parish meeting (if there is no parish council),

is the minor authority in relation to the school.

3

Where the area served by the school is a community, the community council is the minor authority in relation to the school.

4

Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.

5

Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a minor authority in relation to the school.

6

In subsection (5) “the relevant authorities” means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be minor authorities in relation to the school.

7

References in this section to the area served by a school are references to the area appearing to the F28local authority to be served by the school.

142 General interpretation.

1

In this Act, unless the context otherwise requires—

  • F1...

  • F20“the Assembly” means the National Assembly for Wales;

  • “Church in Wales school” means a F3foundation or voluntary school in the Province of Wales in relation to which the religion or religious denomination specified under F38section 68A is “Church in Wales” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the F39Welsh Ministers may by order designate in respect of that diocese;

  • “Church of England school” means a F3foundation or voluntary school in the Province of Canterbury or York in relation to which the religion or religious denomination specified under section 69(4) is “Church of England” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;

  • “community or foundation special school” means a community special school or a foundation special school;

  • “contract of employment”, “employee” and “employer” have the same meaning as in the M1Employment Rights Act 1996;

  • “employment” (except in section 92(4)) means employment under a contract of employment, and “employed” shall be construed accordingly;

  • F12“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);

  • “foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;

  • “maintained school” (except in Part III) has the meaning given by section 20(7);

  • “prescribed” F23(except in sections 89 to 90) means prescribed by regulations;

  • “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;

  • “regulations” F41(except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales) means regulations made by the Secretary of State under this Act;

  • “relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;

  • “Roman Catholic Church school” means a F3foundation or voluntary school in relation to which the religion or religious denomination specified under section F4068A or 69(4) is “Roman Catholic” and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;

  • “school maintained by a F28local authority”, in relation to any time on or after the appointed day, means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;

  • “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M2Interpretation Act 1978.

2

Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority” F42the Welsh Ministers shall consult the bishop for the diocese.

3

Any reference in this Act to the religion or religious denomination specified in relation to a school under F43section 68A, section 69(4) F4or 124B(2) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.

4

As a result of subsection (3), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act F15(or Part 4 of the Education and Inspections Act 2006) to “the appropriate diocesan authority” is—

a

in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or

b

in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context F34... F16or of section 64(4) or (6) of the Education and Inspections Act 2006, to both of them acting together).

F225

For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—

a

in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and

b

in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.

6

For the purposes of this Act references to disposing of land include references to—

a

granting or disposing of any interest in land;

b

entering into a contract to dispose of land or to grant or dispose of any such interest; and

c

granting an option to purchase any land or any such interest.

7

For the purposes of this Act—

a

a person employed by a F28local authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and

b

a person employed by a F28local authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.

8

This Act shall be construed as one with the M3Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.

9

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.

10

Subsection (1) of section 576 of that Act (meaning of “parent”) shall, in its application for the purposes of—

a

section 43 or 62(2) of this Act, or

b

paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,

be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.

C2143 Index.

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression

Relevant provision

ability (in Chapter II of Part III)

section 99(5)

adjudicator

section 25(3)

admission arrangements (in Part III in relation to a maintained school)

sections 88(2) and 99(5)

admission authority (in Chapter I of Part III in relation to a maintained school)

section 88(1)

admitted to a school for nursery education

section 142(5)

F29alteration (in Part II in the context of a prescribed alteration to a maintained school)

F29section 28(11)

appeal panel (in Chapter I of Part III)

section 84(6)

appointed day (except in Part I of Schedule 32)

section 20(7)

appropriate diocesan authority (in relation to a Church in Wales, Church of England or Roman Catholic Church school)

section 142(1) and (4)

appropriate further education funding council

section 142(1)

F30area (in Part II)

F30section 28(11)

F21Assembly

section 142(1)

budget share (in Part II)

section 47(1)

Chief Inspector (in Chapter IV of Part I)

section 14(4)

child (in Chapter I of Part III but not in sections 96 and 97)

section 84(6)

F14child looked after by a local authority (in Chapter 1 of Part 3)

section 84(7)

Church in Wales school

section 142(1)

Church of England school

section 142(1)

class (in Chapter I of Part I)

section 4

community or foundation special school

section 142(1)

“contract of employment” and other expressions relating to employment

section 142(1) and (7)

F31discontinuing, and implementing proposals to discontinue, a school (in Part II in relation to a F28local authority)

F31section 29(10)

disposing of land

section 142(6)

education action zone (in Chapter III of Part I)

section 10(1)

exclude, exclusion (in relation to the exclusion of a child from a school)

F9section 142(1)

foundation (in relation to a foundation or voluntary school) (and having a foundation)

section 21(3)

foundation body

section 21(4)

foundation governor

F10section 142(1)

governing body

(in Chapter III of Part I)

section 10(6)

(of a maintained school or of a school maintained by a F28local authority) (in Chapter IV of Part II)

section 45(3)

grammar school (in Chapter II of Part III)

section 104(7)

group (in relation to a foundation body)

section 21(4)

individual schools budget (in Part II)

F6section 45A(3)

infant class (in Chapter I of Part I)

section 4

land or other property held on trust, or by trustees, for the purposes of a school

section 21(3)(c)

F26. . .

F26. . .

F28local authority (in relation to a school maintained, or proposed to be maintained, by such an authority)

section 22(8)

F8local schools budget (in Part II)

section 46(1)

maintain (in relation to a maintained school or a maintained nursery school)

section 22(8)

maintained school

(generally)

section 20(7)

F35. . .

F35. . .

(in Chapter IV of Part II in a context referring to a F28local authority)

section 45(3)

(in Chapter I of Part III)

section 84(6)

(in Chapter II of Part III)

section 99(5)

maintained nursery school

section 22(9)

member of the Inspectorate (in Chapter IV of Part I)

section 14(4)

minor authority

section 141

new school (in Chapter IV of Part II)

section 45(4)

F27non-schools education budget (in Part 2)

Section 45A(1)

nursery education (in Part V)

section 117

ordinary teaching session (in Chapter I of Part I)

section 4

participating school (in Chapter III of Part I in relation to an education action zone)

section 10(6)

F24prescribed

(generally)

section 142(1)

(in sections 89 to 90)

section 90ZA

F32promoters (in Part II) F17in relation to Wales

F32section 28(2) F18...

F2school teacher(in Chapter I of Part I in relation to an infant class)

section 4

reception class

section 142(1)

F25regulations

(generally)

section 142(1)

(in sections 89 to 90)

section 90ZA

relevant age group

section 142(1)

F13relevant standard number (in Chapter I of Part III)

section 84(6)

right to a delegated budget (in Part II)

section 49(7)

Roman Catholic Church school

section 142(1)

scheme (in Part II in relation to a maintained school)

section 48(5)

school having a delegated budget (in Part II)

section 49(7)

school maintained by a F28local authority

(generally)

section 142(1)

(in Chapter IV of Part II)

section 45(3)

F33school opening date

F33F11section 33(6)

F19. . .

F19. . .

school requiring special measures (in Chapter IV of Part I)

section 14(4)

F5school which has a religious character F36in England

F5(in Part 2 in relation to a foundation or voluntary school)

section 69(3)

F5(in Part 5A in relation to an independent school)

sections 69(3) and 124B(1).

F37school in Wales which has a religious character

(in Part 2 in relation to a foundation or voluntary school)

section 68A(1)

(in Part 5A in relation to an independent school)

sections 68A(1) and 124B(A1)

school which has selective admission arrangements (in Chapter II of Part III)

section 104(2)

F7schools budget (in Part 2)

section 45A(2)

specified religion or religious denomination

section 142(3)

statutory provision

section 142(1)