Education Act 2002

212 General interpretation E+W

(1) In this Act, unless the context otherwise requires—

• “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);

• [F1 “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);]

• “the [F2 local authority]”, in relation to a school maintained (or proposed to be maintained) by a [F2 local authority], means that authority;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made under this Act by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).

(2) Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

(3) The provisions of this Act referred to in subsection (2) are—

(a) Part 1 (provision for new legal frameworks),

(b) Part 2 (financial assistance for education and childcare),

(c) Part 3 (maintained schools),

(d) Part 5 (school organisation), except section 72 and Schedule 9,

(e) [F3 Parts 6 and 7] [F3 Part 6] (the curriculum),

(f) in Part 8, sections 119 to 146,

(g) in Part 9, section 153,

(h) Part 10 (independent schools), and

(i) in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207.

(4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

(5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

Textual Amendments

F1 Words in s. 212(1) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(12)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F3 Words in s. 212(3)(e) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(6)