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Education Act 1996 (c. 56)

(The document as of February, 2008)

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Education Act 1996

1996 CHAPTER 56

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    General

    1. Chapter I

      The statutory system of education

      1. General

        1. 1. The stages of education.

        2. 2. Definition of primary, secondary and further education.

        3. 3. Definition of pupil etc.

      2. Educational institutions

        1. 4. Schools: general.

        2. 5. Primary schools, secondary schools and middle schools.

        3. 6. Nursery schools and special schools.

      3. Compulsory education

        1. 7. Duty of parents to secure education of children of compulsory school age.

        2. 8. Compulsory school age.

      4. Education in accordance with parental wishes

        1. 9. Pupils to be educated in accordance with parents' wishes.

    2. Chapter II

      Functions of the Secretary of State

      1. 10. General duty of Secretary of State.

      2. 11. Duty in the case of primary, secondary and further education.

    3. Chapter III

      Local education authorities

      1. The authorities

        1. 12. Local education authorities and their areas.

      2. General functions

        1. 13. General responsibility for education.

        2. 14. Functions in respect of provision of primary and secondary schools.

        3. 15. Functions in respect of provision of further education.

      3. Establishment etc. of schools

        1. 16. Power to establish, maintain and assist primary and secondary schools.

        2. 17. Powers in respect of nursery education.

      4. Other arrangements for provision of education

        1. 18. Power to arrange provision of education at non-maintained schools.

        2. 19. Exceptional provision of education in pupil referral units or elsewhere.

    4. Chapter IV

      The Funding Authorities

      1. The Authorities

        1. 20. The Funding Agency for Schools.

        2. 21. The Schools Funding Council for Wales.

      2. Functions

        1. 22. Functions of funding authorities.

        2. 23. Value-for-money studies of grant-maintained schools.

        3. 24. Supervision of funding authorities by the Secretary of State.

      3. Supplemental

        1. 25. Grants to funding authorities.

        2. 26. Meaning of "funding authority".

    5. Chapter V

      Allocation of responsibility for education at school between LEA and funding authority

      1. 27. Responsibility for providing sufficient school places.

    6. Chapter VI

      Supplemental

      1. Allocation of functions

        1. 28. Resolution of disputes as to allocation of functions.

      2. Provision of information

        1. 29. Provision of information by local education authorities.

        2. 30. Provision of information by funding authorities.

  2. Part II

    Schools maintained by local education authorities

    1. Chapter I

      Preliminary

      1. 31. County schools and voluntary schools.

      2. 32. Categories of voluntary schools: controlled, aided and special agreement schools.

      3. 33. Maintained nursery schools and maintained special schools.

      4. 34. Meaning of "maintain" etc.

    2. Chapter II

      Establishment, alteration etc. of county and voluntary schools

      1. County schools: establishment, alteration or change of site

        1. 35. County school: proposals for establishment, alteration or new site.

        2. 36. Objections to proposals under section 35.

        3. 37. Approval or rejection by Secretary of State of proposals under section 35.

        4. 38. Determination by LEA whether to implement proposals under section 35.

        5. 39. Approval of school premises.

        6. 40. Implementation of proposals under section 35, etc.

      2. Voluntary schools: establishment, alteration or change of site

        1. 41. Voluntary school: proposals for establishment, alteration or new site.

        2. 42. Objections to proposals under section 41.

        3. 43. Approval or rejection by Secretary of State of proposals under section 41.

        4. 44. Approval of school premises.

        5. 45. Implementation of proposals under section 41, etc.

        6. 46. Establishment of a new voluntary school in substitution for an old one.

        7. 47. Order authorising transfer of voluntary school to new site.

      3. Status of new voluntary school

        1. 48. Order that school is to be controlled or aided school.

      4. Proposals for a middle school

        1. 49. Proposals under section 35 or 41 for a middle school.

      5. Division of a single school into two or more schools

        1. 50. Division of a county school.

        2. 51. Division of a voluntary school.

      6. Change of status from controlled school to aided school

        1. 52. Proposals for changing a controlled school to an aided school.

        2. 53. Objections to proposals.

        3. 54. Order by Secretary of State.

        4. 55. Variation of order under section 54.

        5. 56. Compensation payable by governing body to local education authority.

      7. Change of status from aided or special agreement school to controlled or aided school

        1. 57. Change to controlled school where governing body unable or unwilling to carry out financial obligations.

        2. 58. Change to controlled or aided school on repayment of gran

    3. Chapter III

      Funding of voluntary schools

      1. Obligations of governing bodies

        1. 59. Obligations of governing bodies of voluntary schools.

      2. Obligations of LEAs as regards new sites and buildings

        1. 60. Obligation of LEAs to provide new sites and buildings for controlled schools.

        2. 61. Obligation of LEAs to provide new sites for aided and special agreement schools.

        3. 62. Provisions supplementary to sections 60 and 61.

      3. Financial assistance for controlled schools

        1. 63. Payment by LEA of expenses of establishing controlled school.

        2. 64. Payment by LEA of expenses of enlarging controlled school.

      4. Financial assistance by Secretary of State for aided and special agreement schools

        1. 65. Grants in respect of expenditure on premises or equipment.

        2. 66. Grants in respect of preliminary expenditure.

        3. 67. Loans in respect of initial expenses.

      5. Assistance by LEAs for governing bodies of aided and special agreement schools

        1. 68. Assistance in respect of maintenance and other obligations of governing body.

      6. Assistance by LEAs for promoters of new voluntary schools

        1. 69. Assistance for promoters of new voluntary school.

      7. Miscellaneous and supplemental

        1. 70. Duty to convey interest in premises provided under section 68 or 69.

        2. 71. Powers of Secretary of State where LEA make default in maintaining voluntary school.

        3. 72. Endowments for maintenance of voluntary schools.

        4. 73. Sums paid for letting or hiring of premises of voluntary schools.

        5. 74. Execution by LEA of certain works in case of controlled schools.

        6. 75. Disapplication of restriction on local authority disposals.

    4. Chapter IV

      Government of county, voluntary and maintained special schools

      1. Instruments of government

        1. 76. Instruments of government.

        2. 77. Procedure for making and altering instruments of government.

      2. Categories of governor

        1. 78. Categories of governor.

      3. Governing bodies of county, controlled and maintained special schools

        1. 79. Constitution of the governing body of a county, controlled or maintained special school.

        2. 80. Appointment of representative governors in place of co-opted governors.

        3. 81. Appointment of parent governors by governing bodies.

        4. 82. Review of the constitution of governing bodies.

        5. 83. Adjustment in number of governors.

      4. Governing bodies of aided and special agreement schools

        1. 84. Constitution of the governing body of an aided or special agreement school.

        2. 85. Sponsor governors for aided secondary schools.

      5. Governing bodies: general

        1. 86. Instrument of government to reflect current circumstances of school.

        2. 87. Effect of change in circumstances of school.

        3. 88. Incorporation, membership and proceedings etc. of governing bodies.

      6. Grouping of schools under a single governing body

        1. 89. Grouping of schools under a single governing body.

        2. 90. Consent of Secretary of State as to grouping.

        3. 91. Consent of, or consultation with, governing body as to grouping.

        4. 92. Procedure for making or altering the instrument of government for a group.

        5. 93. Election of parent and teacher governors for a group.

        6. 94. Review of grouping.

        7. 95. Termination of grouping.

      7. Government of new schools

        1. 96. Temporary governing bodies for new county or maintained special schools.

        2. 97. Temporary governing bodies for new voluntary schools.

        3. 98. Constitution, membership and proceedings etc. of temporary governing bodies.

        4. 99. Transition from temporary governing body to governing body constituted under an instrument of g

    5. Chapter V

      Financial delegation to governing bodies of county, voluntary and maintained special schools

      1. Introductory

        1. 101. Local education authority schemes for financing schools.

        2. 102. Schools required to be covered by a scheme.

      2. Schemes for purposes of Chapter V

        1. 103. Local education authority required to have scheme for purposes of Chapter V.

        2. 104. Preparation and imposition of schemes.

      3. Provision by a scheme for determination of budget shares

        1. 105. Calculation of local education authority's aggregated budget.

        2. 106. Application of the allocation formula.

      4. Provision by a scheme for financial delegation

        1. 107. The delegation requirement.

        2. 108. Optional delegation.

        3. 109. Conditions as to delegation.

        4. 110. Initial implementation of the delegation requirement.

      5. Revision of schemes

        1. 111. Revision of scheme by LEA: general.

        2. 112. Revision of scheme by LEA: significant variations.

        3. 113. Revision of scheme by LEA: minor revisions.

        4. 114. Revision of schemes by Secretary of State.

      6. Financial delegation under a scheme

        1. 115. Financial delegation: introductory.

        2. 116. Effect of financial delegation.

      7. Suspension of financial delegation

        1. 117. Suspension of financial delegation for mismanagement etc.

        2. 118. Review of suspension.

        3. 119. Appeal against suspension or refusal to revoke it.

      8. Extension of schemes

        1. 120. Application of schemes to maintained special schools.

      9. Information

        1. 121. Publication of schemes.

        2. 122. Financial statements.

        3. 123. Certification of statements by Audit Commission.

        4. 124. Financial statements in respect of special schools not covered by statements under section 122.

      10. Financial delegation apart from schemes

        1. 125. Required financial delegation apart from schemes.

      11. Financial delegation and new schools

        1. 126. Financial delegation and new schools.

    6. Chapter VI

      Conduct and staffing of county, voluntary and maintained special schools

      1. Articles of government

        1. 127. Articles of government.

        2. 128. Procedure for making and altering articles of government.

        3. 129. Overriding, and amendment, of articles where school has a delegated budget.

      2. Conduct of schools: general

        1. 130. Governing body to have general responsibility for conduct of school.

        2. 131. Consultation with governing body not required in urgent cases.

        3. 132. Separate departments of school to be treated as separate schools.

      3. Staffing of schools without delegated budgets

        1. 133. Staffing of county, controlled, special agreement and maintained special schools without delegated budgets.

        2. 134. Staffing of aided schools without delegated budgets.

        3. 135. Appointment etc. of clerk to governing body of school other than aided school.

      4. Staffing of schools with delegated budgets

        1. 136. Staffing of county, controlled and special agreement schools with delegated budgets.

        2. 137. Staffing of aided schools with delegated budgets.

        3. 138. Staffing of aided schools with delegated budgets: advisory rights of chief education officer.

        4. 139. Staffing of schools with delegated budgets: payments in respect of dismissal, etc.

        5. 140. Staffing for non-school activities in community schools.

        6. 141. Amendment of articles of government relating to staffing.

        7. 142. Application of provisions to maintained special schools.

      5. Appointment and dismissal of teachers of religious education

        1. 143. Appointment etc. of reserved teachers in controlled schools.

        2. 144. Appointment etc. of reserved teachers in special agreement schools.

        3. 145. Dismissal of teachers of religious education in aided schools.

      6. Religious opinions of staff etc.

        1. 146. Religious opinions of staff etc.

      7. School terms, holidays and sessions

        1. 147. Responsibility for determining dates of terms and holidays and times of sessions.

          1. 154. Responsibility of governing body and head teacher for discipline.

          2. 155. LEA's reserve power to prevent a breakdown of discipline.

          3. 156. Power of head teacher to exclude pupils.

          4. 157. Exclusion of pupils: duty to inform parents etc.

          5. 158. Reinstatement of excluded pupils.

          6. 159. Appeals against exclusion or reinstatement of pupils.

          7. 160. Additional provision for appeals against exclusion of pupils.

        2. Reports, meetings and information

          1. 161. Governors' annual reports.

          2. 162. Annual parents' meetings.

          3. 163. No annual parents' meeting required in case of certain special and boarding schools.

          4. 164. Governors' reports and annual parents' meetings for grouped schools.

          5. 165. Provision of information by governing body and head teacher.

        3. New schools

          1. 166. Conduct and staffing of new schools.

      8. Chapter VII

        Discontinuance of local education authority schools

        1. Procedure for discontinuance of county, voluntary or maintained nursery school by local education authority

          1. 167. Proposals for discontinuance of a county, voluntary or nursery school.

          2. 168. Objections to proposals.

          3. 169. Approval or rejection by Secretary of State of proposals under section 167.

          4. 170. Determination by local education authority whether to implement proposals.

          5. 171. Duty to implement proposals.

          6. 172. Restriction on taking steps before sections 167 and 169 have been complied with.

        2. Discontinuance of voluntary school by governing body

          1. 173. Discontinuance of a voluntary school by its governing body.

          2. 174. Conduct by local education authority of a voluntary school which is subject to notice of discontinuance.

          3. 175. Discontinuance of voluntary school in consequence of proposal to establish a further education corporation.

      9. Chapter VIII

        Miscellaneous and supplementary provisions

        1. Further education

          1. 176. Provision of further education.

        2. Teacher training

          1. 177. Provision of courses of initial teacher training.

        3. Modification of employment law

          1. 178. Application of employment law during financial delegation.

        4. Modification of trust deeds and other instruments

          1. 179. Variation of trust deeds etc. by order.

          2. 180. Modification of provisions whereby governors of voluntary schools are ex officio trustees.

        5. Interpretation of Part II

          1. 181. Meaning of expressions relating to new schools.

          2. 182. Meaning of "governing body" and "governor" in Chapters IV to VI.

    7. Part III

      Grant-maintained schools

      1. Chapter I

        Preliminary

        1. 183. "Grant-maintained schools".

      2. Chapter II

        Procedure for acquisition of grant-maintained status

        1. Eligibility

          1. 184. Schools eligible for grant-maintained status.

          2. 185. Duty of governing body to consider ballot on grant-maintained status.

        2. Initiation of procedure

          1. 186. Initiation of procedure by governing body.

          2. 187. Initiation of procedure by parents.

        3. Information

          1. 188. Information as to parents of registered pupils.

        4. Ballot of parents

          1. 189. Ballot of parents.

          2. 190. Persons eligible to vote in ballot.

          3. 191. Second ballot to be held if insufficient votes cast.

          4. 192. Power to declare ballot void for irregularity.

          5. 193. Publication of proposals.

        5. Approval and implementation of proposals

          1. 194. Withdrawal, approval or rejection of proposals.

          2. 195. Incorporation of governing body.

          3. 196. Exercise of powers before proposed date of implementation.

        6. Expenses in connection with proposals

          1. 197. Expenses in connection with proposals for acquisition of grant-maintained status.

        7. Alteration of county school proposed for grant-maintained status

          1. 198. Proposals by governing body for alteration of county school proposed for grant-maintained status.

          2. 199. Approval or rejection by Secretary of State of proposals under section 198.

        8. Supplementary

          1. 200. Chapter II: interpretation, etc.

      3. Chapter III

        Property, staff and contracts

        1. Transfer of property and staff, etc.

          1. 201. Transfer of property etc.

          2. 202. Transfer of staff.

        2. Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.

          1. 203. "Pending" procedure for acquisition of grant-maintained status.

          2. 204. Control of disposals of land.

          3. 205. Wrongful disposals of land.

          4. 206. Control of contracts.

          5. 207. Wrongful contracts.

          6. 208. Restriction on change of purpose for which property used or held.

          7. 209. Restriction on staff changes.

        3. Supplementary

          1. 210. Supplementary provisions about transfers.

      4. Chapter IV

        Establishing new grant-maintained schools

        1. Proposals for establishment of new grant-maintained school

          1. 211. Proposals by funding authority.

          2. 212. Proposals by promoters.

          3. 213. Provisions supplementary to sections 211 and 212.

        2. Approval and implementation of proposals

          1. 214. Approval, adoption or rejection of proposals.

          2. 215. Implementation of proposals.

          3. 216. Exercise of powers before proposed date of implementation, and payment of grant.

        3. Supplementary

          1. 217. Chapter IV: interpretation.

      5. Chapter V

        Government, conduct etc. of grant-maintained schools

        1. The governing instruments

          1. 218. Constitution of governing body and conduct of school.

          2. 219. Initial instruments and articles of government.

          3. 220. Subsequent instruments of government.

          4. 221. Subsequent articles of government.

        2. Governors

          1. 222. Categories of governors.

          2. 223. Parent governors.

          3. 224. Teacher governors.

          4. 225. Head teacher.

          5. 226. First governors.

          6. 227. Power of the Secretary of State to replace first governors.

          7. 228. Foundation governors.

          8. 229. Sponsor governors.

          9. 230. Additional governors.

        3. Powers

          1. 231. Powers of governing body.

          2. 232. Joint schemes.

          3. 233. Making and varying joint schemes.

        4. Schools acquiring grant-maintained status: determination etc. of initial governors

          1. 234. Determination of initial parent and teacher governors.

          2. 235. Section 234: supplementary provisions.

          3. 236. Determination of initial first or foundation governors.

          4. 237. Replacement of proposed initial parent and teacher governors before incorporation.

          5. 238. Replacement of proposed initial first or foundation governors before incorporation.

          6. 239. Elections and appointments required for determining initial governors of an elected category: supplementary provisions.

          7. 240. Initial sponsor governors.

        5. New grant-maintained schools: determination etc. of initial governors

          1. 241. Initial governors for new grant-maintained schools.

        6. General and supplementary

          1. 242. Saving for defects in selection or nomination.

          2. 243. Chapter V: interpretation.

      6. Chapter VI

        Funding of grant-maintained schools

        1. Grants: general

          1. 244. Maintenance grants.

          2. 245. Special purpose grants.

          3. 246. Capital grants.

          4. 247. Imposition of requirements on governing body in receipt of grant.

          5. 248. Grants: further provisions.

        2. Grants: Wales (until establishment of the SFCW)

          1. 249. Application of sections 250 to 254.

          2. 250. Maintenance grants.

          3. 251. Special purpose grants.

          4. 252. Capital grants.

          5. 253. Imposition of requirements on governing body in receipt of grant.

          6. 254. Grants: further provisions.

        3. Loans

          1. 255. Loans to governing bodies.

        4. Recovery from local funds

          1. 256. Recovery from local funds of sums in respect of maintenance grant.

          2. 257. Determination of total amount recoverable under section 256.

          3. 258. Provisions consequential on section 256.

      7. Chapter VII

        Alteration etc. of grant-maintained schools

        1. 259. Proposals for change of character etc. by governing body.

        2. 260. Proposals for change of character etc. by funding authority.

        3. 261. Approval, adoption or rejection of proposals.

        4. 262. Approval of school premises.

        5. 263. Implementation of proposals, etc.

        6. 264. Power to transfer functions under preceding provisions etc.

        7. 265. Proposals for change of character approved before school becomes grant-maintained.

        8. 266. Chapter VII: interpretation.

      8. Chapter VIII

        Discontinuance of grant-maintained schools

        1. Proposals for discontinuance

          1. 267. Proposals by governing body for discontinuance.

          2. 268. Proposals by funding authority for discontinuance.

          3. 269. Approval, adoption or rejection of proposals.

          4. 270. Implementation of proposals.

          5. 271. Power to transfer functions under preceding provisions.

        2. Withdrawal of grant

          1. 272. Withdrawal of grant where school is unsuitable to continue as grant-maintained school.

          2. 273. Withdrawal or variation of notice under section 272.

        3. Winding up and disposal of property

          1. 274. Power to provide by order for winding-up and disposal of property.

          2. 275. Winding up.

          3. 276. Grants to governing body in liquidation.

          4. 277. Disposal of school property.

          5. 278. Disposal of school property: supplementary.

          6. 279. Surplus money and investments.

      9. Chapter IX

        Groups of grant-maintained schools

        1. 280. Nature of group.

        2. 281. Instruments and articles of government for group.

        3. 282. Parent governors.

        4. 283. Teacher governors.

        5. 284. Head teacher governors.

        6. 285. Core governors.

        7. 286. Power of the Secretary of State to replace core governors.

        8. 287. Additional governors.

        9. 288. Powers.

        10. 289. Application of maintenance grants in the case of groups.

        11. 290. School acquiring grant-maintained status as a member of a group, etc.

      10. Chapter X

        General and Miscellaneous

        1. Middle schools

          1. 291. Grant-maintained middle schools.

        2. Nursery education

          1. 292. Nursery education in grant-maintained schools.

        3. Further education

          1. 293. Provision of further education in grant-maintained schools.

        4. Teacher training

          1. 294. Provision of courses of initial teacher training.

        5. Provision of benefits and services by local education authority

          1. 295. Provision of benefits and services for pupils etc. by local education authority.

        6. Transfer and disposal of premises

          1. 296. Transfer of premises to trustees.

          2. 297. Disposal of premises on transfer of school to new site.

          3. 298. Disposal of premises transferred under section 201.

          4. 299. Disposal of premises held by trustees.

          5. 300. Disposal of premises provided, etc. by the funding authority.

          6. 301. Interpretation of sections 296 to 300.

        7. Modification of instruments

          1. 302. Variation of trust deeds etc. by order.

          2. 303. Modification of instruments relating to land held for purposes of voluntary schools.

        8. Religious opinions etc. of staff

          1. 304. Former county schools and certain schools established as grant-maintained schools.

          2. 305. Former voluntary schools and certain schools established as grant-maintained schools.

          3. 306. Changes in religious character of schools.

        9. Exclusion of pupils

          1. 307. Restrictions on power to exclude pupils.

        10. Appeal committees

          1. 308. Duties of governing body in relation to appeal committees.

        11. Supplementary

          1. 309. Manner of giving notification to governing body.

          2. 310. Inspection of accounts and reports to Parliament.

        12. Interpretation

          1. 311. Interpretation of Part III.

    8. Part IV

      Special educational needs

      1. Chapter I

        Children with special educational needs

        1. Introductory

          1. 312. Meaning of "special educational needs" and "special educational provision" etc.

        2. Code of Practice

          1. 313. Code of Practice.

          2. 314. Making and approval of code.

        3. Special educational provision: general

          1. 315. Review of arrangements.

          2. 316. Children with special educational needs normally to be educated in mainstream schools.

          3. 317. Duties of governing body or LEA in relation to pupils with special educational needs.

          4. 318. Provision of goods and services in connection with special educational needs.

          5. 319. Special educational provision otherwise than in schools.

          6. 320. Provision outside England and Wales for certain children.

        4. Identification and assessment of children with special educational needs

          1. 321. General duty of local education authority towards children for whom they are responsible.

          2. 322. Duty of Health Authority or local authority to help local education authority.

          3. 323. Assessment of educational needs.

          4. 324. Statement of special educational needs.

          5. 325. Appeal against decision not to make statement.

          6. 326. Appeal against contents of statement.

          7. 327. Access for local education authority to certain schools.

          8. 328. Reviews of educational needs.

          9. 329. Assessment of educational needs at request of child's parent.

          10. 330. Assessment of educational needs at request of governing body of grant-maintained school.

          11. 331. Assessment of educational needs of children under two.

          12. 332. Duty of Health Authority or National Health Service trust to notify parent etc.

        5. Special Educational Needs Tribunal

          1. 333. Constitution of Tribunal.

          2. 334. The President and members of the panels.

          3. 335. Remuneration and expenses.

          4. 336. Tribunal procedure.

      2. Chapter II

        Schools providing for special educational needs

        1. Special schools

          1. 337. Special schools.

        2. Establishment etc. of special schools

          1. 338. Power of funding authority to establish grant-maintained special school.

          2. 339. Establishment, etc. of maintained or grant-maintained special schools.

          3. 340. Procedure for dealing with proposals.

          4. 341. Approval of premises of maintained or grant-maintained special schools.

          5. 342. Approval of special schools.

          6. 343. Nursery education in grant-maintained special schools.

        3. Government etc. of special schools

          1. 344. Government etc. of special schools.

        4. Maintained special school becoming grant-maintained

          1. 345. Maintained special school becoming grant-maintained special school.

        5. Grouping of grant-maintained special schools

          1. 346. Groups including grant-maintained special schools.

        6. Independent schools providing special education

          1. 347. Approval of independent schools.

          2. 348. Provision of special education at non-maintained schools.

        7. Variation of deeds

          1. 349. Variation of trust deeds etc. by order.

    9. Part V

      The Curriculum

      1. Chapter I

        Preliminary

        1. 350. Meaning of "maintained school" etc. in Part V.

        2. 351. General duties in respect of the curriculum.

        3. 352. Basic curriculum for every maintained school.

      2. Chapter II

        Secular education

        1. The National Curriculum: general

          1. 353. The National Curriculum.

          2. 354. The core subjects and other foundation subjects.

          3. 355. The key stages.

          4. 356. Establishment of the National Curriculum by order.

          5. 357. Implementation of the National Curriculum in schools.

        2. The School Curriculum and Assessment Authority

          1. 358. The School Curriculum and Assessment Authority.

          2. 359. Functions.

        3. The Curriculum and Assessment Authority for Wales

          1. 360. The Curriculum and Assessment Authority for Wales.

          2. 361. Functions.

        4. The National Curriculum: special cases

          1. 362. Development work and experiments.

          2. 363. Exceptions by regulations.

          3. 364. Pupils with statements of special educational needs.

          4. 365. Temporary exceptions for individual pupils.

          5. 366. Information concerning directions under section 365.

          6. 367. Appeals against directions under section 365 etc.

        5. The National Curriculum: supplementary provisions

          1. 368. Procedure for making certain orders and regulations.

          2. 369. Programmes of research etc. in relation to Wales.

        6. General functions of LEA, governing body and head teacher in relation to curriculum

          1. 370. Duty of local education authority to state policy.

          2. 371. Functions of governing body: county, controlled and maintained special schools.

          3. 372. Functions of head teacher: county, controlled and maintained special schools.

          4. 373. Functions of governing body and head teacher: aided and special agreement schools.

          5. 374. Functions of governing body and head teacher: grant-maintained schools.

      3. Chapter III

        Religious education and worship

        1. Agreed syllabuses

          1. 375. Agreed syllabuses of religious education.

        2. Required provision for religious education

          1. 376. Religious education: county schools.

          2. 377. Religious education: controlled schools.

          3. 378. Religious education: aided and special agreement schools.

          4. 379. Religious education: grant-maintained schools (former county schools and certain new schools).

          5. 380. Religious education: grant-maintained schools (former controlled schools).

          6. 381. Religious education: grant-maintained schools (former aided or special agreement schools and certain new schools).

          7. 382. Meaning of "the appropriate agreed syllabus" in sections 379 and 380.

          8. 383. Changes in religious education and worship.

          9. 384. Duty to secure religious education is given in accordance with required provision in curriculum.

        3. Religious worship

          1. 385. Collective worship.

          2. 386. Collective worship in county schools and certain grant-maintained schools to be broadly Christian.

          3. 387. Disapplication of requirement for Christian collective worship.

          4. 388. Duty to secure participation in collective worship.

        4. Exceptions and special arrangements

          1. 389. Exceptions and special arrangements.

        5. Constitution of standing advisory councils on religious education

          1. 390. Constitution of advisory councils.

          2. 391. Functions of advisory councils.

          3. 392. Advisory councils: supplementary provisions.

          4. 393. Duty to constitute new standing advisory council.

        6. Determinations by standing advisory councils

          1. 394. Determination of cases in which requirement for Christian collective worship is not to apply.

          2. 395. Review of determinations under section 394.

          3. 396. Power of Secretary of State to direct advisory council to revoke determination or discharge duty.

        7. Access to meetings and documents

          1. 397. Religious

      4. Chapter IV

        Miscellaneous and supplementary provisions

        1. Courses leading to external qualifications

          1. 400. Courses leading to external qualifications.

          2. 401. Power to extend section 400 to senior pupils and FE students.

        2. Obligation to enter pupils for public examinations

          1. 402. Obligation to enter pupils for public examinations.

        3. Sex education

          1. 403. Sex education: manner of provision.

          2. 404. Sex education: statements of policy.

          3. 405. Exemption from sex education.

        4. Politics

          1. 406. Political indoctrination.

          2. 407. Duty to secure balanced treatment of political issues.

        5. Information

          1. 408. Provision of information.

        6. Complaints and enforcement

          1. 409. Complaints and enforcement: county, voluntary and maintained special schools.

        7. Nursery education

          1. 410. Application of Part V in relation to nursery education.

    10. Part VI

      School admissions, attendance and charges

      1. Chapter I

        School admissions

        1. Parental preferences

          1. 411. Parental preferences.

        2. Admission arrangements for county and voluntary schools

          1. 412. Consultation as to admission arrangements.

          2. 413. Admission arrangements to preserve character of aided or special agreement school.

          3. 414. Information as to schools and admission arrangements.

        3. Admission numbers for county and voluntary schools

          1. 415. Meaning of "the admission authority".

          2. 416. Fixing admission numbers.

          3. 417. Standard numbers for admissions to secondary schools.

          4. 418. Standard numbers for admissions to primary schools.

          5. 419. Special provisions supplementary to section 418.

          6. 420. Variation of standard numbers.

          7. 421. Review of standard numbers.

        4. New county and voluntary schools

          1. 422. Admission of pupils to new schools.

        5. Admissions appeals relating to county and voluntary schools

          1. 423. Appeal arrangements.

        6. Nursery and special schools, etc.

          1. 424. Admission of pupils to nursery schools and special schools, etc.

        7. Admission arrangements for grant-maintained schools

          1. 425. Admission arrangements and information about them.

        8. Admission numbers for grant-maintained schools

          1. 426. Minimum number for admission.

          2. 427. Alteration of minimum number by Secretary of State.

          3. 428. Alteration of minimum number by funding authority.

        9. Admissions appeals relating to grant-maintained schools

          1. 429. Appeal arrangements.

        10. Co-ordinated arrangements for admissions

          1. 430. Co-ordinated arrangements for admissions.

        11. Power to direct admission of child to school

          1. 431. Direction to admit child to specified school.

          2. 432. Procedure for giving direction under section 431.

        12. Time for admission of pupils

          1. 433. Time for admission of pupils.

        13. Registration of pupils

          1. 434. Registration of pupils.

        14. Withdrawal of pupils from primary school for secondary education

          1. 435. Withdrawal of pupils from a primary school for secondary education.

        15. Suppleme

    11. Chapter II

      School attendance

      1. School attendance orders

        1. 437. School attendance orders.

        2. 438. Choice of school: child without statement of special educational needs.

        3. 439. Specification of schools in notices under section 438(2).

        4. 440. Amendment of order at request of parent: child without statement of special educational needs.

        5. 441. Choice of school: child with statement of special educational needs.

        6. 442. Revocation of order at request of parent.

      2. School attendance: offences and education supervision orders

        1. 443. Offence: failure to comply with school attendance order.

        2. 444. Offence: failure to secure regular attendance at school of registered pupil.

        3. 445. Presumption of age.

        4. 446. Institution of proceedings.

        5. 447. Education supervision orders.

      3. Exemption

        1. 448. Exemption where child becomes five during term.

    12. Chapter III

      Charges in connection with education at LEA or grant-maintained schools

      1. Preliminary

        1. 449. Meaning of "maintained school" in Chapter III.

      2. Prohibition of charges

        1. 450. Prohibition of charges for admission.

        2. 451. Prohibition of charges for provision of education.

        3. 452. Application of section 451 where education is provided partly during and partly outside school hours etc.

        4. 453. Examinations: prohibition of charges and recovery of wasted fees.

        5. 454. Prohibition of incidental charges.

      3. Permitted charges

        1. 455. Permitted charges.

        2. 456. Regulation of permitted charges.

        3. 457. Charges and remissions policies.

        4. 458. Charges for board and lodging at boarding schools.

      4. Supplementary

        1. 459. Provision of information.

        2. 460. Contributions and charges unaffected by Chapter III.

        3. 461. Recovery of sums as civil debt.

        4. 462. Interpretation of Chapter III.

  3. Part VII

    Independent Schools

    1. Chapter I

      Preliminary

      1. 463. Meaning of "independent school".

    2. Chapter II

      Registration of independent schools

      1. Registration

        1. 464. Separate registration for England and for Wales.

        2. 465. Provisional and final registration of a school.

        3. 466. Enforcement of registration: offences.

        4. 467. Provision of information about registered and provisionally registered schools.

        5. 468. School may be struck off for contravention of regulations about employment of teachers.

      2. Complaints about registered and provisionally registered schools

        1. 469. Notice of complaint by Secretary of State.

        2. 470. Determination of complaint by an Independent Schools Tribunal.

        3. 471. Determination of complaint by Secretary of State.

        4. 472. Effect of personal disqualification.

        5. 473. Enforcement of disqualification.

        6. 474. Removal of disqualification.

        7. 475. Duty of Registrar to comply with order for the deletion of a school from the register.

      3. Independent Schools Tribunals

        1. 476. Constitution and proceedings of Independent Schools Tribunals.

      4. Supplementary

        1. 477. Disqualification in Scotland.

        2. 478. Offences: institution of proceedings and punishment.

    3. Chapter III

      Assisted places at independent schools

      1. 479. The assisted places scheme.

      2. 480. Assisted places: further provision by regulations.

      3. 481. Incidental expenses of pupils holding assisted places.

    4. Chapter IV

      City colleges

      1. 482. City technology colleges and city colleges for the technology of the arts.

      2. 483. City colleges: financial provisions.

  4. Part VIII

    Grants and other financial matters

    1. Grants

      1. 484. Grants for education support and training.

      2. 485. Grants in aid of educational services or research.

      3. 486. Grants to bodies whose objects are promotion of learning or research.

      4. 487. Grants for education in Welsh.

      5. 488. Grants for education of travellers and displaced persons.

      6. 489. Conditions as to payment of grants under sections 484 to 488.

      7. 490. Grants in respect of special provision for ethnic minorities.

    2. Payment of fees etc.

      1. 491. Payment of school fees and expenses.

    3. Recoupment

      1. 492. Recoupment: adjustment between local education authorities.

      2. 493. Recoupment: cross-border provisions.

      3. 494. Recoupment: excluded pupils.

  5. Part IX

    Ancillary functions

    1. Chapter I

      Ancillary functions of Secretary of State

      1. General functions

        1. 495. Determination of disputes.

        2. 496. Power to prevent unreasonable exercise of functions.

        3. 497. General default powers.

      2. Appointment of governors, etc.

        1. 498. Powers where no properly constituted governing body.

      3. Membership of education committees

        1. 499. Power to direct appointment of members of education committees.

      4. Rationalisation of school places

        1. 500. Directions to bring forward proposals to remedy excessive provision.

        2. 501. Directions to bring forward proposals for additional provision in maintained schools.

        3. 502. Publication of proposals by Secretary of State.

        4. 503. Public inquiry into proposals.

        5. 504. Adoption of proposals and approval of related proposals.

        6. 505. Supplementary provisions.

      5. Medical examinations

        1. 506. Power to require medical examination of pupils.

      6. Local inquiries

        1. 507. Power to direct local inquiries.

    2. Chapter II

      Ancillary functions of local education authorities

      1. Provision of services

        1. 508. Functions in respect of facilities for recreation and social and physical training.

        2. 509. Provision of transport etc.

        3. 510. Provision of clothing.

        4. 511. Provisions supplementary to section 510.

        5. 512. Provision of meals etc. at schools maintained by local education authorities.

        6. 513. Provision of meals etc. at schools not maintained by local education authorities.

        7. 514. Provision of board and lodging otherwise than at school.

        8. 515. Provision of teaching services for day nurseries.

        9. 516. Supply by LEA of goods and services to grant-maintained and grant-maintained special schools.

      2. Payment of fees

        1. 517. Payment of fees at schools not maintained by a local education authority.

        2. 518. Payment of school fees and expenses; grant of scholarships etc.

      3. Allowances for governors

        1. 519. Travelling and subsistence allowances for governors of schools and further or higher education institutions.

      4. Medical arrangements

        1. 520. Medical inspection and treatment of pupils.

      5. Cleanliness of pupils

        1. 521. Examination of pupils for cleanliness.

        2. 522. Compulsory cleansing of a pupil.

        3. 523. Arrangements for cleansing of pupils.

        4. 524. Exclusion of a pupil pending examination or cleansing.

        5. 525. Offence of neglecting the cleanliness of a pupil.

      6. Educational research and conferences

        1. 526. Powers as to educational research.

        2. 527. Powers as to educational conferences.

      7. Disability statements relating to further education

        1. 528. Duty of LEA to publish disability statements relating to further education.

      8. Acquisition and holding of property

        1. 529. Power to accept gifts on trust for educational purposes.

        2. 530. Compulsory purchase of land.

        3. 531. Acquisition of land by agreement.

      9. Appointment of chief education officer

        1. Chapter III

          Ancillary functions of governing bodies

          1. Provision of services

            1. 533. Duties of governing bodies of maintained schools with respect to provision of school meals etc.

            2. 534. Duties of governing bodies of grant-maintained schools with respect to provision of school meals etc.

            3. 535. Provision of teaching services for day nurseries.

          2. Medical arrangements

            1. 536. Medical inspection and treatment of pupils at grant-maintained schools.

        2. Chapter IV

          Provision of information by governing bodies etc.

          1. 537. Power of Secretary of State to require information from governing bodies etc.

          2. 538. Provision of information to Secretary of State by governing bodies of maintained schools.

          3. 539. Provision of information by governing body of grant-maintained schools.

          4. 540. Distribution of information about schools providing secondary education.

          5. 541. Distribution of information about further education institutions.

      10. Part X

        Miscellaneous and general

        1. Chapter I

          Educational premises

          1. Required standards for educational premises

            1. 542. Prescribed standards for school premises.

            2. 543. Relaxation of prescribed standards in special cases.

            3. 544. Approval etc. of school premises and boarding hostels.

            4. 545. Exemption from building byelaws of approved buildings.

          2. Control of potentially harmful materials and apparatus

            1. 546. Control of potentially harmful materials and apparatus in schools.

          3. Nuisance or disturbance on school premises

            1. 547. Nuisance or disturbance on school premises.

        2. Chapter II

          Corporal Punishment

          1. 548. No right to give corporal punishment.

          2. 549. Interpretation of section 548.

          3. 550. No avoidance of section 548 by refusing admission to school etc.

        3. Chapter III

          Other provisions about schools

          1. Duration of school day etc.

            1. 551. Regulations as to duration of school day etc.

          2. Single-sex schools

            1. 552. Transitional exemption orders for purposes of Sex Discrimination Act 19751975.

          3. Educational trusts

            1. 553. Schemes under the Endowed Schools Acts.

          4. Religious educational trusts

            1. 554. Power to make new provision as to use of endowments.

            2. 555. Procedure applicable to orders under section 554.

            3. 556. Content of orders under section 554.

            4. 557. Adoption of statutory trusts.

        4. Chapter IV

          Employment of children and young persons

          1. 558. Meaning of "child" for purposes of enactments relating to employment of children or young persons.

          2. 559. Power of local education authorities to prohibit or restrict employment of children.

          3. 560. Work experience in last year of compulsory schooling.

        5. Chapter V

          Persons not covered by Act

          1. 561. Act not to apply to persons in service of the Crown.

          2. 562. Act not to apply to persons detained under order of a court.

        6. Chapter VI

          General

          1. Documents and evidence

            1. 563. Educational records.

            2. 564. Certificates of birth and registrars' returns.

            3. 565. Evidence: presumption as to age.

            4. 566. Evidence: documents.

          2. Stamp duty

            1. 567. Stamp duty.

          3. Orders, regulations and directions

            1. 568. Orders.

            2. 569. Regulations.

            3. 570. Revocation and variation of certain orders and directions.

          4. Guidance

            1. 571. Publication of guidance.

          5. Service of documents

            1. 572. Service of notices and other documents.

          6. Construction

            1. 573. Meaning of expressions relating to alteration etc. of premises or character of schools.

            2. 574. Changes to school not amounting to discontinuance etc.

            3. 575. Meaning, for certain purposes, of expressions relating to employment.

            4. 576. Meaning of "parent".

            5. 577. Minor authorities.

            6. 578. Meaning of "the Education Acts".

            7. 579. General interpretation.

            8. 580. Index.

          7. Final provisions

            1. 581. Application to Isles of Scilly.

            2. 582. Consequential amendments, repeals, transitional provisions etc.

            3. 583. Short title, commencement and extent.

      11. Schedules:

        1. Schedule 1

          Pupil referral units.

        2. Schedule 2

          The Funding Authorities.

        3. Schedule 3

          Transfer to funding authority of functions of Secretary of State.

        4. Schedule 4

          Distribution of functions where order made under section 27.

          1. Part I

            Introductory.

          2. Part II

            Functions where responsibility for providing sufficient school places is shared.

          3. Part III

            Functions where responsibility for providing sufficient school places is transferred.

          4. Part IV

            Functions where responsibility either shared or transferred.

        5. Schedule 5

          Special agreements.

        6. Schedule 6

          Transfer of premises where voluntary school changes to county school.

        7. Schedule 7

          Incorporation of governing bodies of county, voluntary and maintained special schools.

        8. Schedule 8

          Membership and proceedings etc. of governing bodies of county, voluntary and maintained special schools.

        9. Schedule 9

          Temporary governing bodies of county, voluntary and maintained special schools.

        10. Schedule 10

          Transition from temporary governing body to governing body constituted under an instrument of government.

        11. Schedule 11

          Contents of statements under section 122(2) and section 124(1).

          1. Part I

            Statements under section 122(2).

          2. Part II

            Statements under section 124(1).

        12. Schedule 12

          Financial delegation and new schools.

        13. Schedule 13

          Staffing of county, controlled, special agreement and maintained special schools.

        14. Schedule 14

          Staffing of county, controlled and special agreement schools with delegated budgets.

        15. Schedule 15

          Reinstatement of pupils excluded from county, voluntary or maintained special schools.

          1. Part I

            County, controlled and maintained special schools.

          2. Part II

            Aided and special agreement schools.

          3. Part III

            General.

        16. Schedule 16

          Appeals against exclusion or reinstatement of pupils.

        17. Schedule 17

          Governors' annual reports.

        18. Schedule 18

          Annual parents' meetings.

        19. Schedule 19

          Conduct and staffing of new county, voluntary and maintained special schools.

          1. Part I

            General.

          2. Part II

            Staffing of new schools: financial delegation not proposed.

          3. Part III

            Staffing of new schools: financial delegation proposed.

          4. Part IV

            Other matters relating to conduct etc. of new schools.

        20. Schedule 20

          Proposals for schools to become, or be established as, grant-maintained schools.

          1. Part I

            Proposals for acquisition of grant-maintained status.

          2. Part II

            Proposals for establishment of new grant-maintained school.

        21. Schedule 21

          Acquisition of grant-maintained status: exercise of powers before date of implementation.

        22. Schedule 22

          Governing bodies of grant-maintained schools.

        23. Schedule 23

          Content of articles of government for grant-maintained schools.

        24. Schedule 24

          Categories of governors.

          1. Part I

            Introductory.

          2. Part II

            Initial governors.

          3. Part III

            Governors other than initial governors.

        25. Schedule 25

          Core governors for groups.

        26. Schedule 26

          Making of assessments under section 323.

        27. Schedule 27

          Making and maintenance of statements under section 324.

        28. Schedule 28

          Government and conduct of grant-maintained special schools.

        29. Schedule 29

          The School Curriculum and Assessment Authority.

        30. Schedule 30

          The Curriculum and Assessment Authority for Wales.

        31. Schedule 31

          Agreed syllabuses of religious education.

        32. Schedule 32

          Reduction of standard number for admission of pupils.

        33. Schedule 33

          Admission appeals.

          1. Part I

            Constitution of appeal committees.

          2. Part II

            Procedure.

        34. Schedule 34

          Independent Schools Tribunals.

        35. Schedule 35

          Termination of participation agreements.

        36. Schedule 36

          Uniform statutory trusts for educational endowments.

        37. Schedule 37

          Consequential amendments.

          1. Part I

            Amendments coming into force on 1st November 1996.

          2. Part II

            Amendments coming into force on appointed day.

        38. Schedule 38

          Repeals and revocations.

          1. Part I

            Repeals coming into force on 1st November 1996.

          2. Part II

            Repeals coming into force on appointed day.

          3. Part III

            Revocations.

        39. Schedule 39

          Transitional provisions and savings.

          1. Part I

            General.

          2. Part II

            Specific provisions.

          3. Part III

            Miscellaneous savings etc.

          4. Part IV

            Interpretation.

        40. Schedule 40

          Transitory provisions.

An Act to consolidate the Education Act 1944 and certain other enactments relating to education, with amendments to give effect to recommendations of the Law Commission.

[24th July 1996]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I General

Chapter I The statutory system of education

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General

1 The stages of education

(1) The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.

(2) This Part--

(a) confers functions on the Secretary of State and local education authorities with respect to primary, secondary and further education; and

(b) provides for functions with respect to primary and secondary education to be conferred on the funding authorities constituted under Chapter IV.

(3) Part I of the [1992 c. 13.] Further and Higher Education Act 1992 confers functions with respect to further education on the further education funding councils established under section 1 of that Act.

(4) Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

2 Definition of primary, secondary and further education

(1) In this Act "primary education" means --

(a) full-time education suitable to the requirements of junior pupils who have not attained the age of 10 years and six months; and

(b) full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils within paragraph (a).

(2) In this Act "secondary education" means--

(a) full-time education suitable to the requirements of pupils of compulsory school age who are either--

(i) senior pupils, or

(ii) junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b) (subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

(3) Subject to subsection (5), in this Act "further education" means--

(a) full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training), and

(b) organised leisure-time occupation provided in connection with the provision of such education,

except that it does not include secondary education or (in accordance with subsection (7)) higher education.

(4) Accordingly, unless it is education within subsection (2)(b), full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

(5) For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person--

(a) has begun a particular course of secondary education before attaining the age of 18, and

(b) continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

(6) In subsection (3)(b) "organised leisure-time occupation" means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

(7) References in this section to education do not include references to higher education.

3 Definition of pupil etc

(1) In this Act "pupil" means a person for whom education is being provided at a school, other than--

(a) a person who has attained the age of 19 for whom further education is being provided, or

(b) a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

(2) In this Act--

  • "junior pupil" means a child who has not attained the age of 12; and

  • "senior pupil" means a person who has attained the age of 12 but not the age of 19.

(3) The definition of "pupil" in subsection (1) also applies (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.



Educational institutions

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