B e 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:—
Provision for new legal frameworks
The purpose of this Chapter is to facilitate the implementation by qualifying bodies of innovative projects that may—
in the opinion of the Secretary of State, contribute to the raising of educational standards in England, or
in the opinion of the National Assembly for Wales, contribute to the raising of educational standards in Wales.
In forming an opinion as to whether a project may contribute to the raising of educational standards in England or Wales, the Secretary of State or the National Assembly for Wales shall—
have regard to the need for the curriculum for any school in England affected by the project to be a balanced and broadly based curriculum which promotes the spiritual, moral, cultural, mental and physical development of children and of society, ...
have regard to the need for the curriculum for pupils of compulsory school age, or below that age, at any maintained school affected by the project that is maintained by a local authority in Wales—
to enable pupils to develop in the ways described in the four purposes set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021,
to provide for appropriate progression,
to be suitable for pupils of differing ages, abilities and aptitudes, and
to be broad and balanced,
have regard to the need for—
the curriculum for pupils above compulsory school age at any maintained school affected by the project that is maintained by a local authority in Wales, and
the curriculum for pupils of any age at any other school in Wales affected by the project, to be a balanced and broadly based curriculum which promotes the spiritual, moral, cultural, mental and physical development of those pupils and of society, and
consider the likely effect of the project on all the pupils or students who may be affected by it.
In this Chapter—“the Chief Inspector” means—in relation to England, Her Majesty's Chief Inspector of Education, Children's Services and Skills , and in relation to Wales, Her Majesty’s Chief Inspector of Education and Training in Wales;“children” means persons under the age of nineteen;“education legislation” means—the Education Acts (as defined by section 578 of the Education Act 1996 (c. 56)), the Learning and Skills Act 2000 (c. 21), and any subordinate legislation made under any of those Acts;“maintained school” means—a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school;“qualifying body” means—a local authority, an Education Action Forum, a qualifying foundation, the governing body of a maintained school, the head teacher of a maintained school, the proprietor of an Academy, a city technology college or a city college for the technology of the arts, the proprietor of any special school that is not maintained by a local authority but is for the time being approved by the Secretary of State... under section 342 of the Education Act 1996, or the governing body of an institution within the further education sector;“qualifying foundation” means the foundation, as defined by subsection (3)(a) of section 21 of the School Standards and Framework Act 1998, of any foundation or foundation special school that for the purposes of that section has a foundation established otherwise than under that Act;...“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
On the application of one or more qualifying bodies (“the applicant”), the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may for the purpose of this Chapter by order make provision—
conferring on the applicant exemption from any requirement imposed by education legislation;
relaxing any such requirement in its application to the applicant;
enabling the applicant to exercise any function conferred by education legislation on any other qualifying body (either concurrently with or in place of that other body);
making such modifications of any provision of education legislation, in its application to the applicant or any other qualifying body, as are in the opinion of the Secretary of State or the Assembly consequential on any provision made by virtue of any of paragraphs (a) to (c).
Where the applicant is or includes a qualifying foundation, references in paragraphs (a) to (d) of subsection (1) to the applicant (so far as they would otherwise be read as references to the qualifying foundation) are to be read as references to the governing bodies of all or any of the foundation or foundation special schools in respect of which the applicant is the foundation.
An order under this section shall have effect during a period specified in the order which, subject to section 3(2), must not exceed three years.
Before making an order under this section, the Secretary of State or the National Assembly shall, if he or it considers it appropriate to do so, consult the Chief Inspector.
The Secretary of State or the National Assembly for Wales shall refuse an application for an order under this section if it appears to the Secretary of State or the Assembly that the proposed order would be likely to have a detrimental effect on the education of —
in relation to England, children with special educational needs, or
in relation to Wales, persons under 25 with special educational needs.
The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications for orders under this section.
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The power conferred on the Secretary of State and the National Assembly for Wales by section 2 includes—
power by a further order made under that section on an application made for the purposes of that section by one or more qualifying bodies, to amend any order previously made under that section so as to extend—
the requirements or functions in relation to which the order applies,
the qualifying bodies to which it applies, or
subject to subsection (2), the period during which it has effect, and
power by a further order under that section, which may be made without any application from a qualifying body, to revoke any order previously made under that section.
An order made under section 2 by virtue of subsection (1)(a)(iii) of this section may, on one occasion only, extend the period for which a previous order under that section has effect by a period of not more than three years from the end of the period originally specified in the previous order.
An application for the purposes of section 2 (“an application for an order”) must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.
No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.
Before making an application for an order , the qualifying body shall—
in the case of an Education Action Forum, consult each local authority by whom any participating school, as defined by section 10(6)(b) of the School Standards and Framework Act 1998 (c. 31), is maintained,
in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the local authority who maintain the school,
in the case of the governing body of a maintained school, consult—
the local authority who maintain the school, and
where the school is a foundation school with a qualifying foundation, that foundation, and
in any case, consult such persons (or other persons) as appear to the qualifying body to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.
The Secretary or State or the National Assembly for Wales may with the consent of the applicant include in an order under section 2 provisions different from those requested in the application.
Where the Secretary of State has made any order under section 2 in any academic year, he shall—
prepare a report on all the orders made by him under that section in that academic year, and
lay a copy of the report before each House of Parliament.
Where the National Assembly for Wales has made any order under section 2 in any academic year, the Assembly shall prepare and publish a report on all the orders made by the Assembly under that section in that academic year.
In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.
For the purposes of this Chapter a maintained school is a “qualifying school” at any time if it is a school of a prescribed description which satisfies prescribed criteria relating to one or more of the following—
the performance of the school,
the quality of the leadership in the school, and
the quality of the management of the school.
The criteria prescribed for the purposes of subsection (1) may include criteria referring to the opinion of the Chief Inspector, the Secretary of State or the National Assembly for Wales.
For the purposes of this Chapter a school teacher is “employed” at a school if he works at the school under a contract falling within paragraphs (b), (c) and (d) of section 122(3).
In this Chapter—“the Chief Inspector” has the meaning given by section 1(3);“curriculum provision” means—in relation to a maintained school maintained by a local authority in England, any provision of the National Curriculum for England, and in relation to a maintained school maintained by a local authority in Wales, any requirement imposed under or by virtue of Part 2 of the Curriculum and Assessment (Wales) Act 2021;“maintained school” means a community, foundation or voluntary school or a community or foundation special school;“pay and conditions provision” means any provision of an order under section 122;“school teacher” has the same meaning as in section 122.
Regulations may for the purposes of this section—
designate any curriculum provision or pay and conditions provision as attracting exemption as of right,
designate any curriculum provision or pay and conditions provision as attracting discretionary exemption,
designate modifications of any curriculum provision or pay and conditions provision as being available as of right, and
designate modifications of any curriculum provision or pay and conditions provision as being available on a discretionary basis.
On the application of the governing body of a qualifying school, the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may by order—
provide that any pay and conditions provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to school teachers employed at the school,
provide that any pay and conditions provision which is designated under subsection (1)(c) or (d) is to apply in relation to school teachers employed at the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis,
provide that any curriculum provision which is designated under subsection (1)(a) or (b) and specified in the order is not to apply in relation to the school,
provide that any curriculum provision which is designated under subsection (1)(c) or (d) is to apply in relation to the school with modifications which are specified in the order and fall within the modifications designated as being available as of right or available on a discretionary basis, or
revoke or vary any order previously made under this subsection.
Where an application under subsection (2) by a qualifying school—the Secretary of State or, as the case may be, the National Assembly for Wales shall make the order requested.
relates only to exemption from provisions that are designated under subsection (1)(a) as attracting exemption as of right or to modifications that fall within the modifications designated under subsection (1)(c) as being available as of right (or only to such exemption and such modifications), and
does not relate to the revocation or variation of an order previously made under subsection (2),
The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications under subsection (2) which relate to—
provisions which are designated under subsection (1)(b) as attracting discretionary exemption, or
modifications which fall within the modifications designated under subsection (1)(d) as being available on a discretionary basis.
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An application for the purposes of section 7(2) must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.
Before making such an application, the governing body shall—
consult the local authority,
where the application relates to a curriculum provision, consult the parents of registered pupils at the school,
where the application relates to a pay and conditions provision, consult each school teacher employed at the school, and
in any case, consult such other persons as appear to them to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.
The Secretary of State or the National Assembly for Wales may with the consent of the applicant include in an order under section 7(2) provisions different from those requested in the application.
Where—the Secretary of State or the Assembly may, without any application by the governing body, make an order under that subsection which revokes the exemption order or varies the exemption order so as to restrict any exemption conferred by it.
the Secretary of State or the National Assembly for Wales has made an order under subsection (2) of section 7 in relation to a school (“the exemption order”), and
since the making of the exemption order, the school has ceased to be a qualifying school,
Where an order under section 7(2) which relates to a pay and conditions provision is in force in relation to a school—
the governing body shall determine the remuneration and other conditions of employment of each school teacher employed at the school, to the extent that by virtue of the order the pay and conditions provisions do not apply to him,
the local authority shall do anything necessary to give effect to the governing body’s determination under paragraph (a), and
The governing body of a maintained school may form, or participate in forming, companies—
to provide services or facilities for any schools,
to exercise relevant local authority functions, or
to make, or facilitate the making of, arrangements under which facilities or services are provided for any schools by other persons.
The governing body of a maintained school may, with a view to securing or facilitating—invest in the company which is to provide the services or facilities or exercise the functions or by which the arrangements are to be made or facilitated.
the provision by a company of services or facilities for any schools,
the exercise by a company of relevant local authority functions, or
the making by any person of arrangements of the kind referred to in subsection (1)(c),
The governing body of a maintained school may form, or participate in forming, companies to purchase services or facilities for that school and other participating schools.
The governing body of a maintained school may, with a view to securing or facilitating the purchase by a company of services or facilities for that school and other participating schools, become a member of the company.
The governing body of a maintained school may provide staff to any company in relation to which they have exercised a power conferred by any of subsections (1) to (4).
Subsections (1) to (4) have effect subject to section 12.
In exercising the power conferred by subsection (5) the governing body of a maintained school shall have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
This section is without prejudice to any powers of the governing body of a maintained school exercisable otherwise than by virtue of this section.
In this section and section 12—“company” means a company registered under the Companies Act 2006 as a company limited by shares or a company limited by guarantee;“relevant local authority functions”, in relation to a company, means the education functions of any local authority that are or may become exercisable by the company in accordance with an authorisation given or direction made by virtue of any enactment;“facilities” includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus;“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;“participating school”, in relation to a company, means a school whose governing body is, or is to be, a member of the company.
References in this section and section 12 to investing in a company include references to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
The governing body of a maintained school may not exercise any power conferred by any of subsections (1) to (4) of section 11 except—
with the consent of the local authority, and
at a time when the school has a delegated budget (within the meaning of Part 2 of the School Standards and Framework Act 1998 (c. 31)).
A governing body—
may not exercise any of those powers in relation to a company unless the company satisfies any applicable requirements of regulations under subsection (3), and
may not, by virtue of section 11, remain a member of a company at any time when the company fails to satisfy any such requirements.
Regulations—
shall provide that, except in such cases as may be prescribed, the company must be prohibited by its constitution from admitting to its membership any person who is not of a prescribed description, and
may impose requirements with respect to—
the constitution of the company, and
any other matter connected with the company’s affairs.
Without prejudice to the generality of paragraph (b) of subsection (3), regulations under that paragraph may require that the company be prohibited by its constitution from borrowing money, except with the consent of a prescribed person.
Regulations shall—
provide that where one or more governing bodies have invested in a company by virtue of section 11, a local authority shall be designated as the supervising authority for the company,
specify the persons by whom and the manner in which the power of designation is, or is in specified circumstances, exercisable,
make provision about the duties of a local authority who are for the time being designated as the supervising authority for a company.
Regulations may also—
require that where a local authority are for the time being designated as the supervising authority for a company the company shall provide prescribed information relating to its financial affairs to them at such times and in such manner as may be prescribed,
provide that in prescribed circumstances a local authority who are for the time being so designated may direct any participating governing body to cease to be a member of the company or to take any other prescribed action in relation to the company, and
prescribe the procedure for making such a direction.
In subsection (6)(b) “participating governing body”, in relation to a company, means any governing body of a maintained school who are a member of the company.
Regulations may restrict the circumstances in which a local authority may refuse to give any consent applied for under subsection (1).
The Secretary of State may, if he considers it expedient to do so for purposes connected with any function of his relating to education—
form, or participate in forming, companies to carry on any activities which he considers likely to secure or facilitate the achievement of those purposes, or
invest in any company which is to carry on such activities.
In this section “education” includes—but does not include higher education.
vocational training (including the preparation of young people for employment in general), and
social and physical training (including the promotion of the development of young children),
In this section “company” means a company as defined in section 1(1) of the Companies Act 2006.
The reference in subsection (1) to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
This section is without prejudice to any powers of the Secretary of State exercisable otherwise than by virtue of this section.
Financial assistance for education and children etc
The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may give, or make arrangements for the giving of, financial assistance to any person for or in connection with any of the purposes mentioned in subsection (2).
Those purposes are—
the provision, or proposed provision, in the United Kingdom or elsewhere, of education or of educational services;
the provision, or proposed provision, in the United Kingdom or elsewhere, of childcare or of services related to childcare;
enabling any person to undertake any course of education, or any course of higher education provided by an institution within the further education sector;
enabling any person to receive any training for teachers or for non-teaching staff;
providing for a person’s maintenance while he undertakes such a course;
the promotion of learning or research;
the promotion of the use of educational buildings or facilities for purposes other than those of education;
the provision of any form of training for teachers or for non-teaching staff;
the promotion of the recruitment or retention of teachers or non-teaching staff;
the remuneration of, or provision of other benefits to, teachers or non-teaching staff.
the promotion of the welfare of children and their parents;
the provision of support for parenting (including support for prospective parents).
In subsection(2), “training for teachers or for non-teaching staff” includes—
any training or education (whether or not constituting higher education) with the object of fitting persons to be teachers or non-teaching staff, or better teachers or non-teaching staff, and
any assessment related to the award of a qualification or status to teachers or non-teaching staff, or prospective teachers or non-teaching staff.
In subsection (2)(j), “children” means persons under the age of twenty.
In this section—“education” includes—vocational training (including the preparation of young people for employment in general), and social and physical training (including the promotion of the development of young children), but , except in subsection (2ZA)(a), does not include higher education, and “educational” shall be construed accordingly;“educational services” includes administrative, advisory, organisational, training or information services related to education;“non-teaching staff” means persons who are not teachers but who—are employed at, or otherwise engaged to work at, a school or an institution within the further education sector, are employed by, or engaged to provide services for, a local authority for purposes connected with the authority’s education function, or are employed by any person in connection with the provision of education or childcare;“teacher” does not include a teacher at an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector.
Financial assistance under section 14 may be given in any form.
Assistance may, in particular, be given by way of—
grants,
loans,
guarantees,
incurring expenditure on the provision of equipment for the benefit of the person assisted, or
incurring other expenditure for the benefit of the person assisted.
Assistance given under section 14 to a local authority may not be given by way of loan or guarantee.
In subsection (3) “local authority” includes a non-metropolitan district council for an area for which there is a country council.
Financial assistance under section 14 may be given on such terms as the Secretary of State (or, as the case may be, the National Assembly for Wales) considers appropriate, subject to —
subsection (2B) (which relates to institutions within the higher education sector), and
section 175(3B) (which relates to institutions in England that provide further education).
The terms may, in particular, include provisions as to—
circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State (or the National Assembly for Wales), and the manner in which that is to be done;
the giving by the person receiving assistance of financial assistance to other persons on such terms as that person or the Secretary of State (or the Assembly) considers appropriate, subject to subsection (2B);
circumstances in which any payments made by virtue of terms included by virtue of paragraph (b) are to be repaid, or otherwise made good, to the person receiving assistance from the Secretary of State (or the Assembly), and the manner in which that is to be done;
the keeping, and making available for inspection, of accounts and other records.
Subsection (2B) applies to—
financial assistance given under section 14 to an institution within the wider higher education sector, unless the institution is also an institution within the further education sector, and
financial assistance required by virtue of subsection (2)(b) to be given to an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector.
The terms on which the assistance is given may not be framed by reference to criteria for the selection and appointment of staff or the admission of students.
The person receiving assistance must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State (or, as the case may be, the National Assembly for Wales).
Arrangements under section 14 may provide for assistance to be given, or other functions relating to assistance to be exercised, otherwise than by the Secretary of State or the National Assembly for Wales.
Arrangements under section 14 which so provide may make provision for the functions concerned to be so exercised—but shall not prevent the functions concerned from being exercised by the Secretary of State or, as the case may be, the National Assembly for Wales.
either wholly or to such extent as may be specified in the arrangements, and
either generally or in such cases or circumstances as may be so specified,
The following enactments (which confer on the Secretary of State or the National Assembly for Wales specific powers that are superseded by the power in section 14) shall cease to have effect—
section 4 of the Education Act 1967 (c. 3) (loans for capital expenditure for the purposes of colleges of education),
section 1(1)(b) of the Education Act 1986 (c. 40) (grants to Further Education Unit),
section 50(1)(b) of the Education (No. 2) Act 1986 (c. 61) (grants to facilitate training of persons other than teachers),
section 210 of the Education Reform Act 1988 (c. 40) (grants to further education institutions for education of travellers and displaced persons),
section 211 of that Act (grants in respect of special provision for immigrants),
section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 (c. 50) (arrangements for making grants in respect of nursery education),
sections 486 to 488 and section 490 of the Education Act 1996 (c. 56) (which confer miscellaneous grant-making powers),
section 491 of that Act (payment of school fees and expenses), and
section 3 of the School Standards and Framework Act 1998 (c. 31) (payment of grant in connection with reductions in infant class sizes).
The power to pay grants under section 484 of the Education Act 1996 (education standards grants) shall be exercisable only in relation to Wales.
Maintained schools
Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with regulations.
Regulations must provide for a governing body of a maintained school in England to consist of—
persons elected or appointed as parent governors,
the head teacher of the school,
a person elected as a staff governor,
a person appointed as a local authority governor,
in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and
such other persons as may be prescribed.
Regulations shall provide for a governing body of a maintained school in Wales to consist of—
persons elected or appointed as parent governors,
persons elected or appointed as staff governors,
persons appointed as local authority governors,
except in the case of a voluntary aided school, persons appointed as community governors,
in the case of a foundation school... or a voluntary school, persons appointed as foundation governors or partnership governors, and
such other persons as may be prescribed.
Regulations may make provision as to—
the number of governors, or of governors falling within any category,
the person or persons by whom, and the manner in which, governors are to be elected or appointed,
eligibility for election or appointment as governors of any category, or for voting in an election of such governors,
the term of office of governors,
resignation or removal from office of governors,
the payment of allowances to governors,
meetings and proceedings of governing bodies,
the election by the governors of a chairman and vice chairman of the governing body,
the establishment by a governing body of committees,
the appointment of persons other than governors to serve on committees of governing bodies,
the delegation of functions by governing bodies, and
other matters relating to the constitution or procedure of governing bodies.
Regulations made by virtue of subsection (3)(a) must secure that the majority of the governors of a voluntary aided school are persons appointed as foundation governors.
Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.
Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).
Subsection (3)(k) has effect subject to the provisions of any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( local authorities’ financial schemes) which relates to the school.
Schedule 1 (which contains general provisions relating to the governing body as a body corporate) shall have effect.
In discharging any function conferred by regulations under this section, a local authority or the governing body of a maintained school shall have regard to any guidance given from time to time—
in relation to England, by the Secretary of State, or
in relation to Wales, by the National Assembly for Wales.
In relation to maintained schools in England, subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.
In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under this section may include provision with respect to the governing bodies of federations (within the meaning of section 21(1) of that Measure).
For every maintained school there shall be an instrument (known as the instrument of government) which determines the constitution of the governing body and other matters relating to the school.
Regulations shall make provision with respect to the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments.
Regulations under subsection (2) may require any person responsible for the making, review or variation of an instrument of government to have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
In relation to maintained schools in England, subsection (1) has effect subject to section 24; and regulations under subsection (2) may include provision with respect to instruments of government for federations.
In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under subsection (2) may include provision with respect to instruments of government for federations (within the meaning of section 21(1) of that Measure).
The governing body of a maintained school shall not conduct the school under a name other than the one for the time being set out in the school’s instrument of government.
Subject to any other statutory provision, the conduct of a maintained school shall be under the direction of the school’s governing body.
The governing body shall conduct the school with a view to promoting high standards of educational achievement at the school.
Regulations may—
set out terms of reference for governing bodies of maintained schools,
define the respective roles and responsibilities in relation to the conduct of a maintained school (whether generally or with respect to particular matters) of—
the local authority,
the governing body, and
the head teacher, and
confer functions on governing bodies and head teachers of such schools.
The governing body of a maintained school shall, in discharging their functions, comply with—
the instrument of government, and
(subject to any other statutory provision) any trust deed relating to the school.
The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—
promote the well-being of pupils at the school, and
in the case of a school in England, promote community cohesion.
The governing body of a maintained school shall, in discharging those functions, have regard to any relevant children and young people's plan.
In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.
In this section “well-being”—
in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and
in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act.
In this section “relevant children and young people's plan” means—
in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England), and
in relation to a school in Wales, a local well-being plan published under section 39, 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which the local authority is a member.
In subsection (9)(a), “the relevant Children's Trust Board” means the Children's Trust Board established by arrangements made under section 10 of the Children Act 2004 by the local authority ...
The local authority in England shall—
(to the extent that they are not otherwise required to secure the provision of such information) secure that every governor is provided, free of charge, with such information as they consider appropriate in connection with the discharge of his functions as governor, and
secure that there is made available to every governor, free of charge, such training as they consider necessary for the effective discharge of those functions.
Regulations may make provision—
requiring the appointment of a clerk to the governing body of a maintained school and authorising or requiring the appointment of clerks to committees of the governing body;
prescribing the body by whom any such appointment is to be made and any restrictions or other requirements relating to any such appointment;
as to the dismissal of any such clerk and the procedure to be followed in connection with his dismissal;
authorising the governing body or a committee of the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of the meeting.
A school is for the purposes of this section a “qualifying school” if—
it is a foundation or foundation special school in England,
it has a foundation established otherwise than under the School Standards and Framework Act 1998, and
the instrument of government for the school provides that the majority of governors are to be foundation governors.
The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.
The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.
Regulations may make provision as to—
the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,
eligibility for election or appointment,
the duration of membership, and
meetings and proceedings of a parent council.
Regulations—
must require the majority of members of a parent council to be parent members, and
may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.
Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.
The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.
The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.
In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.
In prescribed cases, the governing bodies—may, after complying with prescribed conditions and in accordance with prescribed procedure, provide for their respective schools to be federated for the purposes of this Chapter.
of two or more maintained schools in England,
of an existing federation and of one or more maintained schools in England, or
of two or more existing federations,
In this Chapter “federation” means a group of schools in England that are federated by virtue of this section, and “federated school” means a school forming part of a federation.
Where any schools are federated by virtue of this section, they shall—
have a single governing body constituted under a single instrument of government, and
in prescribed cases, be treated as a single school for the purposes of such enactments as may be prescribed, other than any enactment contained in Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (establishment, alteration or discontinuance of schools) or in Part 3 of that Act (school admissions).
Regulations may make provision—
as to the dissolution of governing bodies on the formation of a federation,
enabling the governing body of a federation to continue in existence as a body corporate when one or more schools join or leave the federation,
as to the circumstances in which and manner in which a federation may be dissolved, or one or more schools may leave a federation,
enabling the governing body of a federation that is dissolved to be replaced either by governing bodies for each of the constituent schools or by governing bodies which include the governing body of a new federation,
as to the transition from one governing body to another,
as to the transfer of property, rights and liabilities between governing bodies, or between local authorities and governing bodies, and
as to such other matters relating to federations, federated schools or the formation or dissolution of federations as the Secretary of State... considers appropriate.
Regulations made by virtue of subsection (4)(f) in relation to the transfer of property, rights and liabilities may—
provide for prescribed matters to be determined by the Secretary of State...,
apply with modifications any provision of Schedule 10 to the Education Reform Act 1988 (c. 40) (supplementary provisions with respect to transfers under that Act), or
make provision equivalent to that made by any provision of that Schedule.
In any enactment—
any reference to the governing body or governors of a school is to be construed, in relation to a federated school, as a reference to the governing body or governors of the federation, and
any reference to the instrument of government of a school is to be construed, in relation to a federated school, as a reference to the instrument of government of the federation.
Regulations may make provision modifying any provision contained in—in the application of the provision to federated schools in England or their governing bodies.
Part 4 of the Education and Inspections Act 2006 (schools causing concern: England),
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The modifications that may be made by virtue of subsection (1) include, in particular, modifications—
enabling powers conferred by the provisions referred to in that subsection to be exercised in relation to all the schools in a federation even though the circumstances by reference to which the powers are exercisable exist only in relation to one or more of those schools, and
requiring the apportionment of any costs or expenses incurred by the governing body of a federation.
If regulations made by virtue of section 24 allow the formation of a federation comprising schools within different categories, the regulations may make provision modifying any enactment which relates to schools within a particular category, or to the governing bodies of schools within a particular category, in the application of the enactment to schools forming part of such a federation or to the governing bodies of such federations.
In subsection (3) references to categories of maintained schools are references to the categories set out in section 20(1) of the School Standards and Framework Act 1998.
Regulations may—
enable the governing bodies of two or more maintained schools in England to arrange for any of their functions to be discharged jointly or by a joint committee of theirs,
provide for the appointment by two or more governing bodies of a joint committee of those governing bodies for the purposes of discharging any functions in pursuance of any such arrangements, and
provide that any enactment relating to those functions or the governing bodies by whom they are to be discharged is to have effect subject to all necessary modifications in its application in relation to those functions and the governing bodies by whom they are to be discharged.
The governing body of a maintained school shall have power to provide any facilities or services whose provision furthers any charitable purpose for the benefit of—
pupils at the school or their families, or
people who live or work in the locality in which the school is situated.
The power under subsection (1) includes, in particular, power for a governing body to—
incur expenditure,
enter into arrangements or agreements with any person,
co-operate with, or facilitate or co-ordinate the activities of, any person, and
provide staff, goods, services and accommodation to any person.
Subject to the provisions of Chapter 3 of Part 6 of the Education Act 1996 (c. 56) (charges in connection with education), a governing body may charge for any services or facilities provided under this section.
This section has effect subject to section 28.
Section 27(1) does not enable a governing body to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in—
the school’s instrument of government, or
any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( local authorities’ financial schemes) which relates to the school.
Regulations may make provision preventing governing bodies from doing, by virtue of section 27(1), anything which is specified, or is of a description specified, in the regulations.
A governing body shall exercise the power conferred by section 27(1) only if and to the extent that they are satisfied that anything which they propose to do will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.
Before exercising the power under section 27(1) the governing body of a maintained school in Wales—
shall consult—
the local authority,
the staff of the school, and
the parents of registered pupils of the school,
where the proposed exercise of the power would affect registered pupils of the school and the governing body consider it appropriate in view of their age and understanding to consult all or some of them, shall consult the registered pupils or such of them as the governing body consider it appropriate to consult, and
shall consult such other persons as the governing body consider appropriate.
In exercising the power under section 27(1), the governing body of a maintained school shall have regard to any relevant children and young people's plan.
In subsection (4A) “relevant children and young people's plan” has the meaning given by section 21(9).
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In exercising the power under section 27(1) or consulting under subsection (4), the governing body of a maintained school in Wales shall have regard—
to any guidance given from time to time ... by the National Assembly for Wales, and
to any advice given to them from time to time by the local authority.
Subject to subsection (2), the governing body of a maintained school shall have power to arrange the provision to pupils at the school (whether by teachers at the school or other persons) of courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level).
A governing body may exercise the power under subsection (1) in relation to a particular pupil only if they are satisfied that the provision to that pupil of the course in question will not to any significant extent interfere with the other education with which he is being provided at the school.
The Commission for Tertiary Education and Research may give, or make arrangements for the giving of, financial assistance to any person in connection with the provision of courses mentioned in subsection (1) by the governing body of a maintained school in Wales.
This section has effect notwithstanding section 1(4) of the Education Act 1996 (functions not conferred with respect to higher education).
The governing body of a maintained school shall—
establish procedures for dealing with all complaints relating to the school or to the provision of facilities or services under section 27, other than complaints falling to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section, and
publicise the procedures so established.
In establishing or publicising procedures under subsection (1), the governing body shall have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
The governing body of a maintained school may require registered pupils to attend at any place outside the school premises for the purposes of receiving
any instruction or training included in the secular curriculum for the school (in the case of a school maintained by a local authority in England), or
any instruction or training included in a curriculum for those pupils by virtue of the Curriculum and Assessment (Wales) Act 2021 or the Learning and Skills (Wales) Measure 2009 (in the case of a school maintained by a local authority in Wales).
In subsection (3) “maintained school” does not include a maintained nursery school.
The governing body and head teacher of—shall comply with any direction given to them by the local authority concerning the health and safety of persons on the school’s premises or taking part in any school activities elsewhere.
a community or voluntary controlled school,
a community special school, or
a maintained nursery school,
The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.
In subsection (1) “maintained school” does not include a maintained nursery school.
Regulations must make provision—
requiring prescribed persons to be given prescribed information relating to the imposition of any requirement under subsection (1), and
requiring the governing body of the school to keep under review the imposition of any such requirement.
Regulations under this section may also make provision—
requiring a governing body exercising functions under subsection (1) or under the regulations to have regard to any guidance given from time to time by the Secretary of State,
prohibiting a governing body from exercising the power conferred by subsection (1) in such a way that any pupil is required to receive educational provision outside the school premises for a greater number of days in a school year than is specified in the regulations,
requiring the governing body to request prescribed persons to participate in any review of the imposition of a requirement under subsection (1),
about the time within which the first review must be held and the intervals at which subsequent reviews must be held, and
in relation to any other matter relating to the exercise of the power conferred by subsection (1).
Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academy schools.
Once in every school year the governing body of a maintained school in Wales shall prepare a report (a “governors’ report”) dealing with such matters, and otherwise complying with such requirements, as may be specified in regulations.
Regulations may—
impose requirements on the governing body of a maintained school in Wales with respect to—
the giving of copies of a governors’ report to such persons as may be prescribed, and
making such copies available for inspection at the school;
make provision for—
enabling the governing body to determine the language or languages in which a governors’ report is to be produced and the form or forms in which it is to be produced;
requiring them to comply with any direction given by the local authority with respect to any additional language to be used or with respect to any additional form in which the report is to be produced;
enable the governors’ report to be combined with any other document whose preparation by the governing body is required by or under any enactment.
The governing body of a maintained school in Wales must include in a governors' report information about the action taken to promote healthy eating and drinking by pupils of the school.
The governing body of a maintained school (in England or Wales) shall provide the local authority with such reports in connection with the discharge of the functions of the governing body as the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of the authority’s education functions.
The head teacher of a maintained school (in England or Wales) shall provide the governing body or (as the case may be) the local authority with such reports in connection with the discharge of his functions as may be required (either on a regular basis or from time to time)—
by the governing body for the purposes of the exercise of any of their functions;
by the authority for the purposes of the exercise of any of their education functions.
Where a requirement under subsection (4) is imposed on the head teacher by the authority—
the authority shall notify the governing body of that requirement, and
the head teacher shall give the governing body a copy of any report made by him in complying with it.
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Regulations may make provision relating to the control by the governing body of a maintained school of the occupation and use of school premises.
In the case of a community, voluntary controlled or community special school in England or a maintained nursery school in England—
the local authority shall determine the dates when the school terms and holidays are to begin and end, and
...the governing body shall determine the times of the school sessions.
In the case of a foundation, voluntary aided or foundation special school in England the governing body shall determine—
the dates and times when the school terms and holidays are to begin and end, and
... the times of the school sessions.
Regulations may make provision—
as to the procedure to be followed where the governing body of a school within subsection (1) propose to make any change in the time of the school sessions;
as to the implementation of any such proposal;
for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school.
In this section “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
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A local authority in Wales must determine the term dates for each community, voluntary controlled or community special school or maintained nursery school in its area.
A governing body of a foundation or voluntary aided school in Wales (a “relevant governing body”) must determine the term dates for its school.
In exercising its functions under subsection (1), a local authority must co-operate and co-ordinate with—to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.
each relevant governing body in its area, and
every other local authority in Wales,
In exercising its functions under subsection (2), a relevant governing body must co-operate and co-ordinate with—to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.
the local authority, and
every other relevant governing body in the local authority's area,
Each local authority in Wales must notify the Welsh Ministers of the term dates which have been determined for a school year in respect of all the maintained schools in its area.
The Welsh Ministers may by regulations make provision about the requirements of notification under subsection (5) including, in particular, provision about—
the form and content of notifications;
the period in which notification must be given;
the procedure for notification.
A local authority or a relevant governing body may alter the term dates which have been notified to the Welsh Ministers only if all the parties mentioned in subsection (8) agree to the alteration.
The parties are—
the local authority,
each relevant governing body in the local authority's area, and
the Welsh Ministers.
In this section—“maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;“term dates” means the dates on which the school terms and holidays are to begin and end.
The Welsh Ministers may direct a local authority in Wales or a relevant governing body to determine such term dates for a maintained school in Wales as may be specified in the direction.
A direction under subsection (1) may, in particular—
require different dates to be determined for different schools;
be made in respect of such descriptions of schools as may be specified in the direction (for example, all community schools or all schools within a specified area);
require the determination of different dates from those already determined or altered under section 32A.
Before making a direction under subsection (1) the Welsh Ministers must carry out such consultation as they consider appropriate.
The Welsh Ministers may, by regulations, make such further provision about such consultation as they consider necessary or expedient.
The Welsh Ministers must publish a direction under subsection (1) electronically.
In this section—“maintained school” has the same meaning as in section 32A(9);“relevant governing body” means the governing body of a foundation or voluntary aided school in Wales;“term dates” means the dates on which the school terms and holidays are to begin and end.
Except in the circumstances described in subsection (2), a governing body of a maintained school must determine the times of the school sessions for the school.
The circumstances are—
that the local authority in whose area the school is situated have given notice to the governing body that the times of the school sessions are to be determined in accordance with subsection (4), and
that the notice has not been withdrawn by the local authority.
A local authority must not give a notice under this section unless they consider that a change in the times of the school sessions is necessary or expedient in order to—
promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008 (nawm 2), or
improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure.
In the circumstances described in subsection (2)—
where there are 2 sessions on the relevant school day—
the local authority must determine the time each day at which the first school session starts and the second school session ends, and
the governing body must determine the time each day at which the first school session ends and the second school session starts,
where there is one school session on the relevant school day the local authority must determine the time each day at which the school session starts and ends.
The Welsh Ministers may by regulations make provision—
as to the procedure to be followed where the governing body of a community, voluntary controlled or community special school or maintained nursery school proposes to make any change in the time of the school sessions;
as to the implementation of any such proposal;
for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school;
as to the procedure to be followed where the local authority propose to give a notice under this section;
as to the form and content of such a notice;
as to the implementation of a determination made under subsection (4).
A local authority must have regard to any guidance given by the Welsh Ministers when giving a notice under subsection (2) or discharging any function conferred by this section or regulations made under it.
In this section—“maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;“the times of the school sessions” means the times at which each of the school sessions or, if there is only one, the school session, is to begin and end on any day.
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Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the local authority shall make arrangements providing for the constitution of a temporary governing body for the school.
Once constituted in accordance with arrangements made under subsection (1), the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government.
The local authority shall secure that the governing body are so constituted before such date as may be determined in accordance with regulations.
The requirement for there to be an instrument of government for a school (imposed by section 20) shall take effect in relation to a school falling within subsection (1) above as from the date determined under subsection (3).
Regulations may make provision with respect to—
the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1),
the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies,
the exercise by a temporary governing body before the school opening date of the powers conferred by section 27,
the transition from a temporary governing body to a governing body constituted under an instrument of government, and
such other matters relating to temporary governing bodies as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.
Regulations under subsection (5) may, in connection with any matters falling within that subsection—
apply any such provision with or without modifications;
make provision corresponding or similar to any such provision.
Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period—and for the purposes of section 30(3) of this Act and sections 495 to 498 of the Education Act 1996 (c. 56) (general default powers of the Secretary of State) and Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools in Wales) the temporary governing body of a school shall also be so treated at any time falling before the school opening date.
beginning with the school opening date, and
ending with the time when the governing body are constituted for the school under an instrument of government;
Despite subsection (7), nothing in any of the following provisions, namely—applies to any temporary governing body.
section 20(1),
(subject to any regulations made under subsection (5)) Schedule 1, or
In this section “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.
This section applies to—
community schools,
voluntary controlled schools,
community special schools, and
maintained nursery schools.
Any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the local authority.
The teaching staff of any school to which this section applies shall include—
a person appointed as head teacher, or
a person appointed to carry out the functions of the head teacher of the school—
pending the appointment of a head teacher, or
in the absence of the head teacher.
Regulations may make further provision with respect to the staffing of schools to which this section applies.
Regulations under subsection (4) may, in particular—
make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,
make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,
make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—
the provision of facilities and services under section 27, or
any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body, and
confer functions on local authorities, governing bodies and head teachers.
In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), regulations under subsection (4) shall have effect subject to the provisions of that section.
If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under... Schedule 15 to, the School Standards and Framework Act 1998, or section 66 of the Education and Inspections Act 2006, or section 8 of the School Standards and Organisation (Wales) Act 2013,—
regulations under subsection (4) shall not apply, and
the provisions of Part 1 of Schedule 2 shall apply instead.
In discharging any function conferred by regulations under subsection (4), a local authority in Wales or the governing body or head teacher of a maintained school in Wales shall have regard to any guidance given from time to time—
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...by the National Assembly for Wales.
This section applies to—
foundation schools,
voluntary aided schools, and
foundation special schools.
Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school.
The teaching staff of any school to which this section applies shall include—
a person appointed as head teacher, or
a person appointed to carry out the functions of the head teacher of the school—
pending the appointment of a head teacher, or
in the absence of the head teacher.
Regulations may make further provision with respect to the staffing of schools to which this section applies.
Regulations under subsection (4) may, in particular—
make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,
make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,
make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—
the provision of facilities and services under section 27, or
any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body,
enable teachers and other staff to be employed by the local authority in prescribed cases, and
confer functions on local authorities, governing bodies and head teachers.
Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).
If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under... Schedule 15 to, the School Standards and Framework Act 1998, or section 66 of the Education and Inspections Act 2006, or section 8 of the School Standards and Organisation (Wales) Act 2013, regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.
In discharging any function conferred by regulations under subsection (4), a local authority in Wales or the governing body or head teacher of a maintained school in Wales shall have regard to any guidance given from time to time—
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... by the National Assembly for Wales.
It shall be for the governing body of a maintained school to determine—
whether any payment should be made by the local authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and
the amount of any such payment.
Subsection (1) does not, however, apply in relation to a payment which the local authority are required to make—
by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or
under any statutory provision.
The local authority —
shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and
shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.
Subject to subsection (7), costs incurred by the local 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 funding periods 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.
Subject to subsection (7), costs incurred by the local 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 funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
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 Employment Rights Act 1996 (c. 18).
Where a local authority incur costs—they shall recover those costs from the governing body except in so far as the authority agree with the governing body in writing (whether before or after the retirement, dismissal or resignation occurs) that they shall not be so recoverable.
in respect of any premature retirement of any member of the staff of a maintained school who is employed for community purposes, or
in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school who is employed for those purposes,
Any amount payable by virtue of subsection (7) by the governing body of a maintained school in England to the local authority may be met by the governing body out of the school's budget share for any funding period if and to the extent that the condition in subsection (7B) is met.
The condition is that the governing body are satisfied that meeting the amount out of the school's budget share will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.
Any amount payable by virtue of subsection (7) by the governing body of a maintained school in Wales to the local authority shall not be met by the governing body out of the school’s budget share for any funding period.
Where a person is employed partly for community purposes and partly for other purposes, any payment or costs in respect of that person is to be apportioned between the two purposes; and the preceding provisions of this section shall apply separately to each part of the payment or costs.
Regulations may make provision with respect to the recovery from governing bodies of amounts payable by virtue of subsection (7).
Subsections (1) to (6) do not apply to a maintained school at any time when the school does not have a delegated budget by virtue of any suspension under ... Schedule 15 to, the School Standards and Framework Act 1998 (c. 31) or section 8 of the School Standards and Organisation (Wales) Act 2013.
In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to—
the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,
the benefits that are expected to result from the issue of the guidance or other circular, and
the desirability of avoiding—
the sending of excessive material to governing bodies or head teachers, and
the imposition of excessive administrative burdens on governing bodies or head teachers.
In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year—
prepare a report listing—
documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and
documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and
lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.
In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing—
documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and
documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.
The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales—
otherwise than in the exercise of functions relating to education, or
at the request of the person to whom it is sent.
Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.
Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.
In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.
In this Chapter—“budget share” has the same meaning as in Part 2 of the School Standards and Framework Act 1998 (c. 31);“federation” and “federated school” in relation to England have the meaning given by section 24;“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;“maintained nursery school” means a nursery school which is maintained by a local authority and is not a special school;“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).
In this Chapter—
references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share, and
where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.
Determination of budgets
After section 45 of the School Standards and Framework Act 1998 there is inserted—
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Section 46 of that Act (determination of local authority’s local schools budget and individual schools budget) shall cease to have effect.
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After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted—
Accounts and financial statements
Regulations may require the governing body of a maintained school—
to keep prescribed accounts and prescribed records in relation to the accounts,
to prepare prescribed financial statements or reports,
to comply with prescribed conditions with respect to audit, and
to send copies of the accounts, together with such financial statements or reports as may be prescribed, to the local authority.
The regulations may—
impose on the governing body requirements relating to—
resources held by the governing body, and
other resources whose application is controlled by the governing body, and
provide that for the purposes of the regulations any resources which, although not held by the governing body, appear to the local authority to be available for the purposes of the school or for the purposes of the maintenance of any part of the school premises are to be taken to fall within paragraph (a)(ii) unless the governing body satisfy the local authority that the governing body do not control the application of those resources.
For the purposes of subsection (2), any powers exercisable by the head teacher are to be taken to be exercisable by the governing body.
The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a local authority to give him or it copies of accounts or other documents received by the authority from a governing body in accordance with regulations under this section.
The regulations may prescribe the form or manner in which, the period by reference to which, and the time within which, anything required by the regulations must be done.
The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may—
publish information provided in accordance with regulations under this section in such form and manner as he or it considers appropriate,
make arrangements for such information to be published in such form and manner, and by such persons, as he or it may specify for the purposes of this section, and
make regulations requiring local authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.
In this section “maintained school” has the same meaning as in Chapter 1.
Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by local authority ) is amended as follows.
In subsection (2), the word “and” at the end of paragraph (b) is omitted and after paragraph (c) there is inserted
After subsection (2) there is inserted—
Admission arrangements
After section 85 of the School Standards and Framework Act 1998 there is inserted—
For section 86(5) of the School Standards and Framework Act 1998 (c. 31) (no prejudice for the purposes of subsection (3)(a) to be taken to arise from the admission of a number of pupils not exceeding the relevant standard number or the admission number, whichever is greater) there is substituted—
After section 89 of that Act there is inserted—
After section 89A of the School Standards and Framework Act 1998 (c. 31) there is inserted—
Section 91 of the School Standards and Framework Act 1998 (c. 31) (special arrangements to preserve religious character of foundation or voluntary aided school) shall cease to have effect.
In section 94 of the School Standards and Framework Act 1998 (appeal arrangements: general) for subsection (5) there is substituted—
Schedule 4 (which contains further amendments relating to admission arrangements) shall have effect.
Exclusion of pupils
The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently.
The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently.
Regulations must make provision—
requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2);
requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated;
requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil;
about the constitution of a review panel;
about the procedure to be followed on a review under paragraph (c).
On an application by virtue of subsection (3)(c), the review panel may—
uphold the decision of the responsible body,
recommend that the responsible body reconsiders the matter, or
if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter.
Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c).
In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period.
Regulations must make provision about—
how the amount of the adjustment is to be determined;
the effect of the adjustment on the budget shares of other maintained schools for the funding period.
Regulations under this section may also make provision—
for the payment by the local authority of allowances to members of the review panel;
requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State;
requiring local authorities to give prescribed information to the Secretary of State;
in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).
Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel.
In this section—“budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998;“exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly);“maintained school” has the same meaning as in Chapter 1;“the responsible body” means—in relation to exclusion from a maintained school, the governing body of the school; in relation to exclusion from a pupil referral unit, such person as may be prescribed.
In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if—
paragraph (b) were omitted, and
the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.
Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.
The head teacher of a maintained school in Wales may exclude a pupil from the school for a fixed period or permanently.
The teacher in charge of a pupil referral unit in Wales may exclude a pupil from the unit for a fixed period or permanently.
Regulations shall make provision—
requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2),
requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated,
requiring the local authority to make arrangements for enabling a prescribed person to appeal, in any prescribed case, to a panel constituted in accordance with the regulations against any decision of the responsible body not to reinstate a pupil, and
as to the procedure on appeals.
Regulations under this section may also make provision—
for the payment by the local authority of allowances to members of a panel constituted in accordance with the regulations,
requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time ... by the National Assembly for Wales,
requiring local authorities to give prescribed information to ... the Assembly, ... and
in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).
In subsection (3), “the responsible body” means—and, in relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) shall have effect in relation to such an exclusion with the omission of paragraph (b) and as if the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.
in relation to exclusion from a maintained school, the governing body of the school, and
in relation to exclusion from a pupil referral unit, such person as may be prescribed;
Regulations made by virtue of subsection (4)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a panel constituted in accordance with regulations under this section.
Regulations shall make provision enabling a prescribed person, in any prescribed case, to appeal to a panel constituted in accordance with the regulations against any decision made after 31st August 1994 under paragraph 7 of Schedule 1 to the Education Act 1996 (c. 56), or any enactment repealed by that Act, in relation to the permanent exclusion of a pupil from a pupil referral unit; and the provision that may be made by regulations made by virtue of this subsection in relation to any such decision includes any provision that could after the commencement of subsections (2) to (4) be made in relation to a decision falling within subsection (3)(c).
Regulations under this section which—may provide for any provision made by or under the existing enactments to have effect in relation to exclusions from pupil referral units with such modifications as may be prescribed.
relate to exclusions from pupil referral units (whether before or after the passing of this Act), and
are made before the repeal by this Act of the existing enactments is fully in force,
In this section “exclude”, in relation to the exclusion of a child from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly).
In this section “maintained school” has the same meaning as in Chapter 1.
Attendance targets
Section 63 of the School Standards and Framework Act 1998 (power to make regulations for targets relating to unauthorised absences) is amended as follows.
In subsections (1) and (3), the word “unauthorised” is omitted.
After subsection (3) there is inserted—
In subsection (4), the definition of “unauthorised absence” is omitted.
Powers of intervention
Schools causing concern
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Local authorities
Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of local authority) is amended as follows.
For subsection (1) there is substituted—
In subsection (2), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.
After subsection (2) there is inserted—
Subsection (3) is omitted.
For subsection (4) there is substituted—
After subsection (4) there is inserted—
For subsection (5) there is substituted—
In subsection (6), for paragraph (b) there is substituted—
In subsection (7), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.
After section 497A of the Education Act 1996 (c. 56) there is inserted—
Section 497B of the Education Act 1996 is amended as follows.
In subsection (1), for the words from “section 497A(4)” to “those directions” there is substituted “ section 497A(4) or (4A) to a local authority or to an officer of such an authority, the specified person ”.
After that subsection there is inserted—
This section applies where—
one or more schools maintained by a local authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—
section 61 (school requiring significant improvement), or
section 62 (school requiring special measures), and
it appears to the Secretary of State that the local authority—
have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,
are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or
maintain a disproportionate number of schools falling within that paragraph.
This section also applies where it appears to the Secretary of State that—
a local authority in England maintain a disproportionate number of low-performing schools, and
the authority—
have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or
are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.
In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.
For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—
the standards that the pupils might in all the circumstances reasonably be expected to attain;
where relevant, the standards previously attained by them;
the standards attained by pupils at comparable schools.
The Secretary of State may direct the local authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.
The direction may require the contract or other arrangement to contain specified terms and conditions.
Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.
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Where section 62A... applies in relation to a local authority and the Secretary of State ... has notified the authority that he ...is contemplating the giving of a direction under that section, the authority shall give the Secretary of State..., and any person authorised by the Secretary of State... for the purposes of this subsection, such assistance, in connection with the proposed contract or other arrangement, as the authority are reasonably able to give.
Where a direction under section 62A... is given to a local authority, the relevant person shall be entitled, for the purposes of providing the advisory services, to exercise the powers conferred by subsections (3) to (6).
The relevant person shall have at all reasonable times—
a right of entry to the premises of the authority, and
a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the provision of the advisory services.
Section 497B(3) of the Education Act 1996 (c. 56) (right of access to computers etc) applies in relation to the exercise by the relevant person of the right conferred by subsection (3) as it applies to the exercise by the specified person (within the meaning of that section) of the right conferred by section 497B(2) of that Act.
Without prejudice to subsection (3), the authority shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give.
Subsection (3) applies in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—
the governing body of any such school shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give, and
the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.
In this section—“the advisory services” means the services to be provided in pursuance of the direction under section 62A...;“documents” and “records” each include information recorded in any form;“the relevant person” means—the person specified under section 62A(2)..., or where the direction specifies a class of persons, the person with whom the local authority enter into the contract or other arrangement required by the direction, and includes any person assisting that person in the provision of the advisory services.
School organisation
Academies and city colleges
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Schedule 7 (which inserts a new Schedule into the Education Act 1996 (c. 56) to make provision about land in relation to Academies, and makes other supplementary provision about Academies) shall have effect.
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In section 557 of the Education Act 1996 (uniform statutory trusts), in the definition of “relevant school” in subsection (10), after “means a relevant school” there is inserted “ , Academy, city technology college or city college for the technology of the arts, ”.
Proposals to establish, alter or discontinue schools
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Schedule 10 (which makes amendments to the School Standards and Framework Act 1998 and the Learning and Skills Act 2000 in respect of the procedures for the establishment, alteration and discontinuance of certain maintained schools) shall have effect.
The curriculum in England
Preliminary
In this Part—“assess” includes ... test, and related expressions shall be construed accordingly;“assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage for the specified purposes;“attainment targets”, in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;...“the foundation stage” has the meaning given by section 81;“key stage”, or references to a particular key stage, shall be construed in accordance with section 82;“maintained school” means—any community, foundation or voluntary school maintained by a local authority in England, or except where otherwise stated, any community or foundation special school which is maintained by a local authority in England and is not established in a hospital;“maintained nursery school” means a nursery school which is maintained by a local authority in England and is not a special school;“programmes of study”, in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;...“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first school term to begin after the following July; ...
In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—
the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and
such other purposes as the Secretary of State may by order specify.
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General duties in respect of the curriculum
The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—
promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and
prepares pupils at the school for the opportunities, responsibilities and experiences of later life.
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The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78.
Every local authority in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.
The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.
The functions referred to in subsections (1) to (3) include in particular—
functions conferred by this Part in relation to the National Curriculum for England, and
except in relation to maintained nursery schools ..., functions relating to religious education and religious worship.
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In exercising any function which may affect the provision of sex education in maintained schools (whether or not as part of the education required to be provided under section 80(1)(d)), every local authority in England must have regard to relevant guidance issued by the Secretary of State under section 80A of this Act or section 403(1A) of the Education Act 1996.
Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local authority with regard to sex education.
The curriculum for every maintained school in England shall comprise a basic curriculum which includes—
provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),
a curriculum for all registered pupils at the school who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006 but are not over compulsory school age (known as “the National Curriculum for England”),
provision for relationships education for all registered pupils at the school who are provided with primary education,
provision for relationships and sex education for all registered pupils at the school who are provided with secondary education, and
provision for health education for all registered pupils at the school.
Subsection (1)(a) does not apply—
in relation to pupils who are under compulsory school age , or
in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).
Subsection (1)(c) and (e) do not apply in relation to pupils who are under compulsory school age.
The Secretary of State may by order—
amend subsection (1) so as to add further requirements (otherwise than in relation to religious education relationships education, relationships and sex education or health education),
amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and
amend any provision included in subsection (1) by virtue of paragraph (a) of this subsection.
the pupils learn about—
the nature of marriage and civil partnership and their importance for family life and the bringing up of children,
safety in forming and maintaining relationships,
the characteristics of healthy relationships, and
how relationships may affect physical and mental health and wellbeing, and
the education is appropriate having regard to the age and the religious background of the pupils.
The governing body of a maintained school must have regard to guidance under this section.
The Secretary of State must review guidance under this section from time to time.
In this section “maintained school” includes a community or foundation special school established in a hospital.
The governing body of a maintained school must—
make, and keep up to date, a separate written statement of their policy with regard to the provision of education under each of paragraphs (1)(c) and (d) of section 80, and
publish a copy of the statement on a website and provide a copy free of charge to anyone who asks for one.
A statement under subsection (1) must include a statement of the effect of section 405(3) of the Education Act 1996 (exemption from sex education: England).
The governing body must consult parents of registered pupils at the school before making or revising a statement under subsection (1).
In this section “maintained school” includes a community or foundation special school established in a hospital.
The National Curriculum for England
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For the purposes of this Part, the key stages in relation to a pupil are—
the period beginning at the same time as the school year in which he attains the age of six and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven (“the first key stage”),
the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven (“the second key stage”),
the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen (“the third key stage”), and
the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending at the same time as the school year in which the majority of pupils in his class cease to be of compulsory school age (“the fourth key stage”).
The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (1) shall have effect as if any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age.
If at any time, in the case of a pupil of compulsory school age, subsection (1) does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—
in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age, and
in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of fifteen and ending when he ceases to be of compulsory school age.
The Secretary of State may by order—
provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there specified there were substituted such other ages (less than eleven and twelve respectively) as may be specified in the order, or
amend subsections (1) to (3).
In this section “class”, in relation to a particular pupil and a particular subject, means—
the teaching group in which he is regularly taught in that subject, or
where there are two or more such groups, such one of them as may be designated by the head teacher of the school.
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For the first, second and third key stages, the National Curriculum for England shall comprise the core and other foundation subjects specified in subsections (2) and (3), and shall specify attainment targets, programmes of study and assessment arrangements in relation to each of those subjects for each of those stages.
The following are the core subjects for the first, second and third key stages—
mathematics,
English, and
science.
The following are the other foundation subjects for the first, second and third key stages—
design and technology,
computing,
physical education,
history,
geography,
art and design,
music,
in relation to the second key stage, a foreign language, and
in relation to the third key stage—
citizenship, and
a modern foreign language.
In paragraph (ga) of subsection (3) “foreign language” means –
a foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or
if the order provides that any foreign language is a foreign language for the purposes of this subsection, any foreign language;
In sub-paragraph (ii) of subsection (3)(h) “modern foreign language” means –
a modern foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or
if the order provides that any modern foreign language is a modern foreign language for the purposes of this subsection, any modern foreign language.
An order under subsection (A4) or (4) may—
specify circumstances in which a language is not to be treated as a foundation subject, and
provide for the determination under the order of any question arising as to whether a particular language is a foreign language or modern foreign language, as the case may be.
The Secretary of State may by order amend subsections (2) to (5).
For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).
The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.
The following are the core subjects for the fourth key stage—
mathematics,
English, and
science.
The following are the other foundation subjects for the fourth key stage—
computing,
physical education, and
citizenship.
The elements for the fourth key stage referred to in subsection (1) are—
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in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.
Those entitlement areas are—
arts, comprising—
art and design,
music,
dance,
drama, and
media arts,
design and technology (comprising only that subject),
humanities, comprising—
geography, and
history, and
modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.
An order under subsection (6)(d) may—
specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and
provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.
A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.
In the exercise of their functions under this Part by virtue of this section, a local authority, governing body or head teacher shall have regard to any guidance relating to... the entitlement areas which is issued from time to time by the Secretary of State.
The Secretary of State may by order—
amend any provision of section 85, or
provide that, while the order remains in force, that section is not to have effect.
The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.
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In respect of the first, second and third key stages and (subject to section 86) the fourth key stage, the Secretary of State may by order specify in relation to each of the foundation subjects—as he considers appropriate for that subject.
such attainment targets,
such programmes of study, and
such assessment arrangements,
An order under subsection ... (3) may not require—
the allocation of any particular period or periods of time during ... any key stage to the teaching of any ... programme of study or any matter, skill or process forming part of it, or
the making in school timetables ... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.
An order under subsection ... (3) may, instead of containing the provisions to be made, refer to provisions in a document published by a person, and in the manner, specified in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.
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Before making an order under subsection (3)(c) the Secretary of State—
shall consult the Office of Qualifications and Examinations Regulation, and
may consult such other persons as the Secretary of State considers appropriate.
An order under subsection (3)(c) may confer or impose such functions on—as appear to the Secretary of State to be required.
the governing body and head teacher, ...
the local authority,
... and
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,
An order under subsection ... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.
An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—
shall consult the Office of Qualifications and Examinations Regulation, and
may consult such other persons as that person considers appropriate.
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The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—
to enter premises of the school ...,
to observe implementation of the arrangements, and
to inspect, and take copies of, documents and other articles.
An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—
shall consult the Office of Qualifications and Examinations Regulation, and
may consult such other persons as that person considers appropriate.
An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.
In relation to any maintained school and any school year—that the National Curriculum for England as subsisting at the beginning of that year is implemented. This subsection does not apply in relation to assessment arrangements.
the local authority and the governing body shall exercise their functions with a view to securing, and
the head teacher shall secure,
In relation to any maintained school—that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.
the local authority and the governing body must exercise their functions with a view to securing, and
the head teacher must secure,
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The National Curriculum for England: special cases
For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct in respect of a particular maintained school ... that, for such period as may be specified in the direction, the National Curriculum for England—
shall not apply, or
shall apply with such modifications as may be specified in the direction.
A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.
In the case of a community, voluntary controlled or community special school ..., a direction shall not be given under subsection (1) except on an application—
by the governing body with the agreement of the local authority, or
by the local authority with the agreement of the governing body, ...
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In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing body....
The Secretary of State may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report on any matters specified by the Secretary of State to—
the Secretary of State, or
a person designated for the purposes of this subsection by the Secretary of State.
If required by the Secretary of State to do so a person designated for the purposes of this subsection by the Secretary of State shall keep under review development work or experiments carried out following a direction given under subsection (1).
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A designation under subsection (5)(b) or (5A) may make different provision for different purposes.
The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).
Regulations may provide that the National Curriculum for England, or such of the provisions of the National Curriculum for England as may be specified in the regulations—in such cases or circumstances as may be specified in the regulations.
shall not apply, or
shall apply with such modifications as may be specified in the regulations,
The special educational provision for any pupil specified in an EHC plan maintained for the pupil may include provision—
excluding the application of the National Curriculum for England, or
applying the National Curriculum for England with such modifications as may be specified in the plan.
The additional learning provision described in an individual development plan prepared or maintained by a local authority in Wales under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may include provision—
excluding the application of the National Curriculum for England, or
applying the National Curriculum for England with such modifications as may be specified in the plan.
Regulations may enable the head teacher of a maintained school ..., in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for England—
shall not apply, or
shall apply with such modifications as may be specified in the direction.
The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.
Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—
a fixed period not exceeding six months, or
a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.
Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—
immediately after the end of the operative period of a previous direction, or
within such period after the end of the operative period of a previous direction as may be specified in the regulations.
The regulations may enable the head teacher of a maintained school ..., in such cases or circumstances and subject to such conditions as may be prescribed—
to revoke any direction given by him under the regulations, and
to vary such a direction, except so as to extend its operative period.
Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.
Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.
to the governing body, and
to the local authority by whom the school is maintained,
That information is—
the fact that he has taken the action in question, its effect and his reasons for taking it,
the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and
either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).
That opinion is that the pupil has or probably has special educational needs and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).
Where—the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.
the head teacher of a maintained school ... includes an indication of any such opinion in information given under subsection (1), and
the local authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,
Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)).
In this section “the responsible authority”, in relation to a pupil, means the local authority responsible for him for the purposes of Part 3 of the Children and Families Act 2014 (see section 24 of that Act).
Where a head teacher—the parent of the pupil concerned may appeal to the governing body.
gives, revokes or varies a direction under regulations made under section 93,
refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or
following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,
On such an appeal, the governing body may—
confirm the head teacher’s action, or
direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.
The head teacher shall comply with any directions of the governing body given under subsection (2)(b).
The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.
Supplementary provisions
This section applies where the Secretary of State proposes to make—
regulations under section 91.
The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal—
associations of local authorities,
bodies representing the interests of school governing bodies, and
organisations representing school teachers.
The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable.
The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.
After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State's opinion, is likely to bring them to the notice of persons with a special interest in education—
a draft of the proposed order or regulations and any associated document, and
a summary of the views expressed during the consultation.
The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising.
When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.
An order made under any provision of this Part may (in addition to any provision that it may make by virtue of section 210(7)) make provision amending Schedule 1A to the Academies Act 2010(application of education legislation).
The curriculum in Wales
Preliminary
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General duties in respect of the curriculum
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The National Curriculum for Wales
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The National Curriculum for Wales: special cases
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The local curricula
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Supplementary provisions
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Teachers
Teachers’ pay and conditions
The body established under section 1 of the School Teachers’ Pay and Conditions Act 1991 (c. 49) (review body)—
shall continue to exist, and
shall be known as the School Teachers’ Review Body.
The Prime Minister shall appoint the chairman of the Review Body.
The Secretary of State shall appoint other members of the Review Body.
Schedule 11 (which makes provision about the Review Body) shall have effect.
The School Teachers’ Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—
the remuneration of school teachers, or
other conditions of employment of school teachers which relate to their professional duties or working time.
Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—
a consideration to which they are to have particular regard,
matter on which they are to make a recommendation, or
the time within which they are to report.
Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.
A direction under subsection (3) may be varied or revoked.
Before reporting on a matter referred to them under section 120(1) the School Teachers’ Review Body shall—
notify each relevant body,
give each relevant body an opportunity to submit evidence and make representations, and
give the Secretary of State an opportunity to submit evidence and make representations.
In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—
associations of local authorities,
local authorities,
bodies representing the interests of proprietors of Academies,
bodies representing the interests of governing bodies of schools, and
bodies representing the interests of teachers.
The Review Body may—
determine the manner in which each relevant body is permitted to submit evidence or make representations, and
may make different determinations in respect of different relevant bodies.
The Secretary of State may by order make provision for the determination of—
the remuneration of school teachers;
other conditions of employment of school teachers which relate to their professional duties or working time.
Where an order under this section applies to a school teacher—
his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,
a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and
a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.
A person is a school teacher for the purposes of this section if—
he is a qualified teacher,
he provides primary or secondary education under a contract of employment or for services,
the other party to the contract is a local authority or the governing body of a foundation, voluntary aided or foundation special school, and
the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).
A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local authority.
A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—
he possesses a prescribed qualification,
he provides education of a prescribed kind or in prescribed circumstances (or both),
he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,
he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or
he is within a prescribed class of persons awaiting the award of a qualification.
A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.
In the application of subsection (2)—
it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,
it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and
in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.
In this section “prescribed” means prescribed by an order under this section.
The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.
Subsection (3) applies where—
an order under this section applies to an Academy teacher, and
the contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.
Where this subsection applies—
the Academy teacher’s remuneration is to be determined and paid in accordance with any provision of the order that applies to the teacher;
any provision of the contract mentioned in subsection (2)(b) or of the Academy arrangements entered into with the Secretary of State by the relevant proprietor has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the order.
A person is an Academy teacher for the purposes of this section in any of the following cases.
The first case is where—
the person provides primary or secondary education under a contract of employment or for services,
the other party to the contract is the proprietor of an Academy,
the contract requires the person to carry out work of a kind which is specified by regulations under section 133(1), and
the person—
is not prevented by regulations under section 133(1) from carrying out that work, and
is not of a description specified in regulations made by the Secretary of State for the purposes of this paragraph.
The second case is where the person—
serves as the principal of an Academy, and
is not appointed by the proprietor of the Academy as an executive leader of the proprietor.
Regulations under subsection (5)(d) may, in particular, specify a description by reference to a person’s duties or to any provision for a person’s remuneration to be determined otherwise than under this section.
Where the proprietor of an Academy is also the proprietor of a 16 to 19 Academy, a person (“P”) is not an Academy teacher for the purposes of this section to the extent that a contract of employment or for services between P and the proprietor requires P to provide secondary education at the 16 to 19 Academy.
In the application of subsections (2) and (3)—
it is immaterial whether someone other than the relevant proprietor provides or is responsible for providing all or part of a teacher’s remuneration;
it is immaterial whether someone other than the relevant proprietor is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment.
In this section “the relevant proprietor”, in relation to an Academy teacher, means the proprietor mentioned in subsection (5)(b), (6)(b) or (7) (as the case may be).
An order under section 122 may, in particular—
confer discretion on a local authority or a governing body;
confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;
require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;
make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;
make provision for a right of appeal specified by or determined in accordance with the order;
limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;
set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;
set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;
provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;
provide for the determination of a question of the interpretation or application of a provision of the order.
the reference in paragraph (a) to a local authority or a governing body were to a proprietor of an Academy, and
paragraphs (f) to (h) were omitted.
Provision under subsection (1)(e) or (j) may—
confer jurisdiction on a court, tribunal, person or body;
provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and local authorities , teachers and proprietors of Academies or teachers and governing bodies.
reduce remuneration in respect of a period wholly or partly before the making of the order, or
alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.
The Secretary of State may by order provide—
that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);
that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;
that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers;
that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122A(1).
make provision which applies generally or only in a specified case or in specified circumstances;
make different provision for different cases or circumstances;
make transitional provision.
an order which makes provision by reference to a document must include provision about publication of the document, and
a reference in this section to an order includes a reference to a document referred to by an order.
referred the matter to the School Teachers’ Review Body under section 120, and
considered their report.
But subsection (1) shall not apply—
to subsidiary provision, or
in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.
Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—
concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,
concerns only the criteria for moving from one scale of remuneration to another,
concerns only the implementation or application of a system or principle on which the Review Body has reported,
prescribes a matter for the purpose of section 122(5),
is made under section 123(4), or
is minor, consequential, temporary, transitional or designed to resolve an anomaly.
The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—
shall be subsidiary for the purpose of subsection (2)(a), or
shall cease to be subsidiary for that purpose.
An order under subsection (4) may amend subsection (3).
associations of local authorities,
local authorities,
bodies representing the interests of proprietors of Academies,
bodies representing the interests of governing bodies of schools, and
bodies representing the interests of teachers.
The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.
The following shall have regard to guidance under subsection (1)—
a local authority, and
the governing body of a school.
The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.
The proprietor of an Academy must have regard to guidance under subsection (2A).
Where an employer fails to follow guidance under subsection (1) or (2A)—
the failure shall not give rise to civil liability, but
a court or tribunal may take the failure into account in any proceedings.
The Secretary of State may not issue guidance under subsection (1) or (2A) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—
associations of local authorities,
local authorities,
bodies representing the interests of proprietors of Academies,
bodies representing the interests of governing bodies of schools, and
bodies representing the interests of teachers.
includes a reference to a city technology college and a city college for the technology of the arts, and
does not include a reference to a 16 to 19 Academy.
A reference in any of those sections to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996(city colleges).
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Section 122(2) shall not apply to a person if—
a maintained school is established in place of an independent school in pursuance of proposals published under the relevant school organisation provisions (as defined by subsection (6)), and
the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.
But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—
a date specified in the notice,
if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or
if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.
Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local authority.
In this section “school teacher” has the same meaning as in section 122.
In subsection (1) “maintained school” means—
a community school,
a foundation school,
a voluntary school,
a community special school,
a foundation special school, ...
a maintained nursery school , or
a pupil referral unit.
In subsection (1)(a) “the relevant school organisation provisions” means—
The School Teachers’ Pay and Conditions Act 1991 (c. 49) shall cease to have effect.
School teachers’ appraisal
Regulations may require the appraisal of the performance of teachers—
in a manner specified by the regulations, and
at times specified by or determined in accordance with the regulations.
The regulations may impose a duty on—
a local authority;
the governing body of a school or institution;
the head teacher of a school or the principal of an institution.
The regulations may—
require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations;
permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.
The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations.
The results of an appraisal may be used in determining a teacher’s remuneration.
Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate—
associations of local authorities in England,
local authorities in England,
bodies representing the interests of governing bodies in England,
bodies representing the interests of teachers in England, ...
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Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate—
associations of local authorities in Wales,
local authorities in Wales,
bodies representing the interests of governing bodies in Wales, and
bodies representing the interests of teachers in Wales, ...
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Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.
School teachers’ qualifications
A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.
A requirement of regulations under this section may relate to—
the possession of a specified qualification or experience of a specified kind;
participation in or completion of a specified programme or course of training;
compliance with a specified condition;
an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.
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The National Assembly for Wales shall consult the Education Workforce Council before making regulations under this section which make provision by reference to—
the content of a course or programme, or
the standard of education or training provided through a course or programme.
Regulations may provide that specified work may not be carried out by a person in a school in England unless he—
is a qualified teacher, or
satisfies specified requirements.
Regulations specifying work for the purpose of this section may make provision by reference to—
one or more specified activities, or
the circumstances in which activities are carried out.
Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).
A requirement of regulations under this section may, in particular, relate to—
the possession of a specified qualification or experience of a specified kind;
participation in or completion of a specified programme or course of training;
compliance with a specified condition;
an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.
Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).
In this section “school” means—
a school maintained by a local authority, or
a special school not so maintained , or
Academies of a description specified by the Secretary of State in regulations under this section.
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Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.
Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).
A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.
Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—
pending the appointment of a head teacher, or
in the absence of the head teacher.
In this section “school” means—
a school maintained by a local authority, or
a special school not so maintained.
Induction periods: teachers in England
Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools in England, subject to such exceptions as may be provided by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in—
a relevant school,
in such circumstances as may be prescribed, a nursery school that—
is not maintained by a local authority, and
is not a special school,
in such circumstances as may be prescribed, an independent school or an alternative provision Academy that is not an independent school, or
in such circumstances as may be prescribed, an institution within the further education sector (or an institution within the further education sector of a prescribed description) or a 16 to 19 Academy.
Regulations under this section may, in particular, make provision—
as to the length of the induction period in any prescribed circumstances;
as to periods of employment which are to count towards the induction period;
as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period;
precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served;
as to supervision and training during a person's induction period;
authorising the Secretary of State to determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period;
requiring the appropriate body to decide whether a person—
has achieved those standards and has accordingly satisfactorily completed his or her induction period, or
should have his or her induction period extended by such period as may be determined by the appropriate body, or
has failed satisfactorily to complete his or her induction period;
requiring the head teacher of a school to make a recommendation to the appropriate body as to whether a person has achieved the standards mentioned in paragraph (f);
requiring the appropriate body to inform the Secretary of State of any decision under paragraph (g);
requiring the employer of a person employed as a teacher at a relevant school to secure—in such circumstances following a decision that the person has failed satisfactorily to complete his or her induction period as may be prescribed;
the termination of that person's employment as a teacher, or
that the person only undertakes such teaching duties as may be determined in accordance with the regulations,
authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools institutions within the further education sector or 16 to 19 Academies or of training for teachers);
authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine;
requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function.
Regulations under subsection (1)(d) may, in particular—
provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;
provide for approval to be general or specific;
make provision (including transitional provision) about the withdrawal of approval;
impose conditions or limitations on the appropriate body's power to give or withhold approval.
In this section—“the appropriate body” means such person or body (including a local authority) as may be prescribed by, or determined by the Secretary of State in accordance with, regulations under this section (and such regulations may provide for an appropriate body which is not a local authority to include a representative of such an authority);“relevant school” means a school maintained by a local authority or a special school not so maintained or Academies of a description specified by the Secretary of State in regulations under this section.
In the application of this section to an institution within the further education sector or a 16 to 19 Academy—
a reference to a school term is to be read as a reference to a term of the institution;
a reference to the head teacher of a school is to be read as a reference to the principal of the institution.
Regulations under section 135A must include provision conferring on a person aggrieved by a decision under subsection (2)(g) of that section a right to appeal against the decision to the Secretary of State.
A decision on an appeal made by virtue of subsection (1) is to be final.
Regulations under section 135A made in pursuance of subsection (1) may make provision for, or for the determination in accordance with the regulations of, such matters relating to appeals as the Secretary of State considers necessary or expedient.
Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii) of section 135A, a teacher employed at a school maintained by a local authority—any costs incurred by the local authority in respect of the teacher's emoluments are not to be met from the school's budget share for any funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share. Nothing in this subsection applies to a maintained school at any time when the school does not have a delegated budget.
continues to be employed at the school, but
is not undertaking his or her normal teaching duties there,
In subsection (2)—
the references to a school's budget share and to a school not having a delegated budget have the same meaning as in Part 2 of the School Standards and Framework Act 1998;
“funding period”, in relation to a school's budget share, has the same meaning as in that Part.
the governing body of a special school that is not maintained by a local authority;
the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of an institution within the further education sector;
the appropriate body (within the meaning of section 135A).
Further education
Regulations may—
prohibit the provision of education at a further education institution in Wales by a person who does not have a specified qualification;
prohibit the provision of education at a further education institution in Wales by a person unless he is serving or has served a probationary period;
specify conditions to be complied with by or in respect of persons providing education at a further education institution.
Regulations may provide that a person may serve as the principal of a further education institution in Wales only if he has a specified qualification.
Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—
is of a kind specified in the regulations, and
is designed to lead to the award of a qualification specified under subsection (1).
Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).
A provision of regulations made under subsection (1) by the Welsh Ministers in relation to Wales shall not apply to a person who has been appointed as the principal of an institution in England or Wales ”before the commencement of the provision.
Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—
pending the appointment of a principal, or
in the absence of the principal.
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The National Assembly for Wales may by regulations—
prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;
enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;
enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.
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a local authority, or
the governing body of a further or higher education institution.
In sections 136 to 139—“education” includes vocational, social, physical and recreational training,“further education institution” means an institution which—provides further education and is maintained by a local authority, or is within the further education sector, and“higher education institution” means an institution which—is within the higher education sector, and receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).
For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution.
“Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015.
Health and fitness
Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.
This section applies to an activity of a prescribed kind performed in the course of the provision of education at—
a school, or
a further education institution.
This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—
otherwise than in a school or a further education institution, and
under a contract of employment or for services where the other party is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority.
This section also applies to an activity of a prescribed kind (other than the provision of education) where—
the activity is carried out by a person under a contract of employment or for services,
the other party to the contract is—
a local authority which entered into the contract for purposes connected with any of their education functions,
the governing body of a school, or
a further education institution,
the activity regularly brings the person into contact with children.
In this section—“child” means a person who has not attained the age of 18 years,“education” includes vocational, social, physical and recreational training,“further education institution” has the meaning given by section 140, and“school” means—a school maintained by a local authority, or a special school not so maintained.
Teacher misconduct etc: England
a school in England,
a sixth form college in England,
a 16 to 19 Academy,
relevant youth accommodation in England, or
a children's home in England.
In subsection (1)—“children's home” has the same meaning as in the Care Standards Act 2000;“teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out).
An online education provider is an institution that meets the following conditions.
The first condition is that it is—
a company registered under the Companies Act 2006 which has its registered office for the purposes of that Act in England, or
a charity registered in accordance with section 30 of the Charities Act 2011 which has its address in England for the purposes of registration by the Charity Commission.
The second condition is that it provides education to at least one student who lives in England and who—
is of compulsory school age,
is over compulsory school age but is under the age of 19, or
is aged 19 or over and has an EHC plan that specifies that the student should be in full-time education.
The third condition is that at least one of the students mentioned in subsection (3) receives all or the majority of their education from the institution.
The fourth condition is that it is set up to deliver all or the majority of the education that it provides online.
The Secretary of State may by regulations amend this section so as to add a new condition or remove or change a condition for the time being specified.
The Secretary of State may investigate a case where an allegation is referred to the Secretary of State that a person to whom this section applies—
may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute, or
has been convicted (at any time) of a relevant offence.
Where the Secretary of State finds on an investigation of a case under subsection (1) that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of the person.
Schedule 11A (regulations about decisions under subsection (2)) has effect.
In this section—a “prohibition order” means an order prohibiting the person to whom it relates from carrying out teaching work;“teaching work” has the same meaning as in section 141A(1);“relevant offence”, in relation to a person, means—in the case of a conviction in England and Wales, a criminal offence other than one having no material relevance to the person's fitness to be a teacher, and in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (a).
The Secretary of State must keep a list containing—
the names of persons in relation to whom a prohibition order has effect, and
the names of persons who have begun, but have failed satisfactorily to complete, an induction period under section 135A in such circumstances as may be prescribed.
The Secretary of State may include on the list the name of any person who has been prohibited from teaching in Wales, Scotland or Northern Ireland that the Secretary of State thinks appropriate to include on the list.
The Secretary of State must secure that, where the name of a person is included on the list because an interim prohibition order has effect in respect of the person, there is an indication on the list to that effect.
The Secretary of State must secure that, where the name of a person is included on the list because the person has failed satisfactorily to complete an induction period under section 135A, there is an indication on the list to that effect.
The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate.
The list must be available for inspection by members of the public.
This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct.
This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services.
The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.
In this section—“relevant employer” means—a local authority; a person exercising a function relating to the provision of education on behalf of a local authority; the proprietor of a school or 16 to 19 Academy; a sixth form college corporation; a person who employs a person to teach in a children's home or in relevant youth accommodation;“education” includes vocational, social, physical and recreational training;“children's home” has the same meaning as in the Care Standards Act 2000;“services” includes professional and voluntary services;“teacher” means a person within section 141A(1).
This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct.
This section also applies where the agent—
might have terminated the arrangements as mentioned in subsection (1) had the teacher not terminated them, or
might have refrained from making new arrangements because of the teacher's serious misconduct had the teacher not ceased to be available for work.
The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.
In this section “relevant employer” and “teacher” have the same meanings as in section 141D.
Allegations of offences committed by teachers in England and Wales: reporting restrictions
This section applies where a person who is employed or engaged as a teacher at a school is the subject of an allegation falling within subsection (2).
An allegation falls within this subsection if—
it is an allegation that the person is or may be guilty of a relevant criminal offence, and
it is made by or on behalf of a registered pupil at the school.
No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation.
Any person may make an application to a magistrates' court for an order dispensing with the restrictions imposed by subsection (3).
The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of—
the person who is the subject of the allegation, and
the victim of the offence to which the allegation relates.
The power under subsection (5) may be exercised by a single justice.
In the case of a decision to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with Criminal Procedure Rules—
appeal to the Crown Court against the decision, or
appear or be represented at the hearing of such an appeal.
The persons referred to in subsection (7) are—
a person who was a party to the proceedings on the application for the order;
any other person with the leave of the Crown Court.
On an appeal under subsection (7), the Crown Court may—
make such order as is necessary to give effect to its determination of the appeal, and
make such incidental or consequential orders as appear to it to be just.
The restrictions in subsection (3) cease to apply once proceedings for the offence have been instituted.
The restrictions in subsection (3) also cease to apply if—
the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or
the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation.
The restrictions in subsection (3) also cease to apply if—and, in either case, the inclusion of the matter in the publication would otherwise be in breach of subsection (3).
the person who is the subject of the allegation includes a matter in a publication, or
another person includes a matter in a publication with the written consent of the person who is the subject of the allegation;
Written consent is to be ignored for the purposes of subsection (12)(b) if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it.
In this section—“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include—an indictment or other document prepared for use in particular legal proceedings, or a document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person;“relevant criminal offence”, in relation to a person employed or engaged as a teacher at a school, means an offence against the law of England and Wales where the victim of the offence is a registered pupil at the school;“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.
For the purposes of this section, proceedings for an offence are instituted at the earliest of the following times—
when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence;
when a relevant prosecutor issues a written charge and requisition or single justice procedure notice in respect of the offence;
when a person is charged with the offence after being taken into custody without a warrant;
when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933.
In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.
This section applies if a publication includes any matter in breach of section 141F (3).
Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.
Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence—
any body corporate engaged in providing the programme service in which the programme is included, and
any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
In the case of any other publication, any person publishing it is guilty of an offence.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
If an offence committed by a body corporate is proved—an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of,
In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body.
Schedule 11B contains supplementary provision relating to an offence under this section.
Where a person is charged with an offence under section 141G, it is a defence for the person to prove either of the matters mentioned in subsection (2).
The matters are—
that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question;
that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.
Misconduct etc.
The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person—
may not carry out work to which this section applies;
may carry out work to which this section applies only in circumstances specified in the direction;
may carry out work to which this section applies only if conditions specified in the direction are satisfied.
This section applies to—
providing education at a school,
providing education at a further education institution,
providing education under a contract of employment or for services where the other party to the contract is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority, and
taking part in the management of an independent school.
This section also applies to work of a kind which—
brings a person regularly into contact with children, and
is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).
A direction under this section may be given in respect of a person only—
on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children),
on the grounds that the person is unsuitable to work with children,
on grounds relating to the person’s misconduct,
on grounds relating to the person’s health, or
in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)).
The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).
The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where—
the direction was given on the grounds that a person is unsuitable to work with children, and
the person claims that he is no longer unsuitable to work with children.
The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6).
Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction.
In this section—“child” means a person who has not attained the age of 18 years,“education” includes vocational, social, physical and recreational training,“further education institution” has the meaning given by section 140,“relevant employer” means—local authority exercising an education function, a person exercising a function relating to the provision of education on behalf of a local authority, the proprietor of a school, or the governing body of a further education institution, and“school” includes an independent school.
A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.
If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.
If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.
A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.
A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.
A person in respect of whom a direction has been given under section 142 may appeal to the First-tier Tribunal—
against the decision to give the direction;
against a decision not to vary or revoke the direction.
In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.
This subsection applies to a case where—
the direction was given on the grounds that the applicant is unsuitable to work with children,
the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and
the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.
The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—
provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;
prescribe circumstances in which the Tribunal shall allow an appeal under this section;
prescribe the powers available to the Tribunal on allowing an appeal under this section;
prescribe circumstances in which the Tribunal shall grant an application for leave under this section;
prescribe circumstances in which the Tribunal shall grant an application for a review under this section;
prescribe the powers available to the Tribunal on revoking a direction.
Sections 132 to 140: general
by reference to a class or description of qualification, course or programme;
by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;
which confers discretion on the Secretary of State, ... ... the National Assembly for Wales, the Commission for Tertiary Education and Research, the General Teaching Council for Wales or another specified person.
A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.
Regulations made by virtue of subsection (1) may impose a duty on ... the Commission for Tertiary Education and Research.
Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.
1999 Pay Document
This section—
applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and
shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).
Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.
Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.
In paragraph 18.1.1 (good honours degree)—
paragraph (a) shall be ignored,
paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and
in paragraph (c) the words “before 1st September has been employed as a qualified teacher and who” shall be ignored.
General Teaching Councils for England and Wales
Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.
Childcare and nursery education
Childcare
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Early years development partnerships are renamed “early years development and childcare partnerships” ...; accordingly in Part 5 of that Act after “early years development” (in each place it occurs) there is inserted “ and childcare ”.
The Secretary of State may by order confer on Her Majesty's Chief Inspector of Education, Children's Services and Skills such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty’s Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit.
The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills .
Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.
Nursery education
This section applies where a local authority in Wales, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of local authority as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.
The local authority—
must, in making the arrangements, have regard to any guidance given from time to time by ... the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and
must make provision in the arrangements requiring the provider of the nursery education to have regard to any relevant guidance included in the code on additional learning needs issued under section 4 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and
must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.
Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.
In this section—“maintained school” means a community, foundation or voluntary school, a community ... special school or a maintained nursery school;“nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).
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Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.
In section 6(1) of the Education Act 1996 (c. 56) (meaning of “nursery school”), after “used” there is inserted “ wholly or ”.
For section 2(1) of that Act there is substituted—
Independent schools
Standards
This Chapter applies to alternative provision Academies that are not independent schools as it applies to independent schools in England.
Accordingly, references in this Chapter to independent schools (apart from those that are independent schools in Wales) are to be read as including references to alternative provision Academies that are not independent schools.
References in this Chapter to an independent school are to an independent school in Wales.
For provision regulating independent schools in England, see Chapter 1 of Part 4 of the Education and Skills Act 2008.
For the purposes of this Chapter, regulations shall prescribe standards about the following matters—
the quality of education provided at independent schools;
the spiritual, moral, social and cultural development of pupils at independent schools;
the welfare, health and safety of pupils at independent schools;
the suitability of proprietors of and staff at independent schools;
the premises of and accommodation at independent schools;
the provision of information by independent schools;
the manner in which independent schools handle complaints.
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In this Chapter “independent school standards” means—
the standards for the time being prescribed under this section,...
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Requirement of registration
There shall continue to be—
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a register of independent schools in Wales.
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The register of independent schools in Wales shall be kept by the Welsh Ministers.
The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time.
If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any).
A person who conducts an independent school which is not a registered school is guilty of an offence.
A person guilty of an offence under subsection (1) is liable on summary conviction to—or to both.
a fine not exceeding level 5 on the standard scale, or
imprisonment for a term not exceeding six months,
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Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time—
enter and inspect the premises, and
inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.
Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).
It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Registration procedure
An application to enter an independent school in the register must—
contain the prescribed information, and
be made to the registration authority by the proprietor of the school in the prescribed manner.
The information prescribed under subsection (1)(a) shall include information as to the following matters relating to the school—
the age range of pupils;
the maximum number of pupils;
whether the school is for male or female pupils or both;
whether the school provides accommodation for pupils;
the type or types of additional learning provision made by the school for pupils with additional learning needs (if any).
Where the proprietor of an independent school makes an application to the registration authority under this section, the authority shall notify the Chief Inspector.
The Chief Inspector shall then inspect the school and report to the registration authority on the extent to which the independent school standards are met, and are likely to continue to be met, in relation to the school.
Where a school has been inspected under section 160, the registration authority shall, taking into account—determine whether those standards are met, and are likely to continue to be met, in relation to the school.
the report of the Chief Inspector under that section, and
any other evidence relating to the independent school standards,
The registration authority shall notify the proprietor of a school of any determination made by the authority under this section in relation to the school.
If the registration authority determines under this section that the independent school standards are met, and are likely to continue to be met, in relation to a school, the authority shall enter the school in the register.
An entry in the register for a school shall include —
the name and address of the school,
the name of the proprietor of the school, and
Enforcement of standards after registration
The registration authority may remove a school from the register if—
there is a material change in relation to the school, and
the change has not been approved under this section or section 167.
For the purposes of subsection (1), “material change”, in relation to a school, means—
a change of proprietor,
a change of address, or
Applications for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.
Where an application for approval is made under this section, the registration authority may require the Chief Inspector to—
inspect the school, and
report to the authority on the extent to which, if the change is made, any relevant standard is likely to continue to be met in relation to the school.
In subsection (4), “relevant standard” means any of the independent schools standards specified by the authority for the purposes of that subsection.
The registration authority shall, where an application for approval is made under this section—
approve the change, if the condition in subsection (7) is satisfied, and
in any other case, refuse to approve it.
The condition in this subsection is that the authority is satisfied that, taking into account—those standards will continue to be met in relation to the school.
any report under subsection (4), and
any other evidence relating to the independent school standards,
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The registration authority may at any time—
require the Chief Inspector... to inspect any registered school..., or to secure its inspection by one or more registered inspectors, or
arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.
The inspection of a school under this section shall relate to—
such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or
if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school.
A person who conducts an inspection under this section shall—
make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and
if the registration authority so requires, arrange for the publication of the report in the prescribed manner.
A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection).
This section applies to the inspection of a school which is conducted by the Chief Inspector... or a registered inspector under section 163(1)(a).
If the inspection is conducted by a registered inspector—
he may, by agreement with the Chief Inspector..., be assisted by the Chief Inspector ..., and
he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.
If the Chief Inspector... so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—
who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and
whose primary function in the inspection is not that of providing financial or business expertise.
If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector....
The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times—
a right of entry to the premises of the school, and
a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.
Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).
It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection.
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The proprietor of the school shall pay the Chief Inspector..., in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.
Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.
The Chief Inspector... shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.
Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector...).
This section applies where, taking into account—the registration authority is satisfied that any one or more of the independent school standards is or are not being met in relation to the school.
a report under section ... 163 in respect of a registered school, or
any other evidence in respect of a registered school,
If the registration authority considers that there is a risk of serious harm to the welfare of pupils at the school, the authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.
Where the registration authority does not make a determination under subsection (2), it shall serve a notice on the proprietor of the school—
identifying the standard or standards in question, and
requiring the proprietor to submit an action plan to the authority before the date specified in the notice (or such later date as the authority may specify after service of the notice).
For the purposes of this section, an action plan is a plan specifying—
the steps that will be taken to meet a standard or standards, and
the time by which each step will be taken.
Where an action plan is submitted in accordance with subsection (3) the registration authority may—
reject it, or
approve it, with or without modifications.
Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may—
determine that the school is to be removed from the register on such date after the appeal period as the authority may determine, or
make an order under subsection (8).
Where an action plan has been approved under subsection (5), but any step specified in the plan is not taken by the date specified in the plan (whether as originally approved or as varied under paragraph (a)), the registration authority may—
substitute a later date for the taking of that step,
make an order under subsection (8), or
determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.
An order under this subsection is an order requiring the proprietor of the school to do one or more of the following no later than such date after the appeal period as may be specified in the order—
to cease using any part of the school premises for all purposes or purposes specified in the order;
to close any part of the school’s operation;
to cease to admit any new pupils, or new pupils of a description specified in the order.
If the proprietor of a school fails to comply with an order under subsection (8)—
he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and
e registration authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.
Where the proprietor of a school in respect of which an order is made under subsection (8) applies to the registration authority for the order to be varied or revoked, the authority shall—
vary or revoke the order as requested in the application, if it is satisfied that it is appropriate to do so because of any change of circumstance, and
in any other case, refuse to do so.
The variation or revocation of an order under subsection (10) shall take effect as from the date on which the proprietor of the school is notified of it.
Where the registration authority has made a determination under this section to remove a school from the register on a particular date and no appeal is made against the determination under section 166, the authority shall remove the school from the register on that date.
For the purposes of this Chapter, the “appeal period” in relation to a determination or order is the period within which an appeal against it may be made under section 166.
The proprietor of a registered school may appeal to the First-tier Tribunal against—
a refusal under section 162 to approve a material change,
a determination under section 165 to remove the school from the register,
an order under section 165(8) requiring the taking of specified action, or
a refusal under section 165(10) to vary or revoke such an order.
An appeal under subsection (1) must be made within the period of 28 days beginning with the day on which notice of the refusal, determination or order is served on the proprietor.
Where an appeal is made under subsection (1)(b) against a determination under section 165—
if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under section 167, the registration authority may remove the school from the register on such date after the appeal period as it may determine, and
in any other case the registration authority may only remove the school pursuant to the determination in accordance with section 167.
In the case of an appeal against a determination under section 165(2), if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of pupils before the determination of the appeal, it may by order provide that the school is to be regarded as not registered for the purposes of section 159 until the tribunal determines the appeal under section 167 (or revokes the order before so determining the appeal).
This section applies where an appeal is made under section 166 to the First-tier Tribunal.
In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may—
uphold the refusal to approve, or
itself approve the change.
In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may—
uphold the determination, or
revoke the determination.
Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.
Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order—
to cease using any part of the school premises for all purposes or purposes specified in the order;
to close any part of the school’s operation;
to cease to admit any new pupils, or new pupils of a description specified in the order.
In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may—
uphold the order,
vary the order, or
strike down the order.
uphold the refusal, or
if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order—
vary the order in such manner as it thinks fit, or
revoke the order.
The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.
If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)—
he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and
the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.
Prohibition on participation in management of independent schools
The appropriate authority may direct that a person—
may not take part in the management of an independent school;
may take part in the management of an independent school only in circumstances specified in the direction;
may take part in the management of an independent school only if conditions specified in the direction are satisfied.
A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.
Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).
The appropriate authority may vary or revoke a direction under this section in prescribed cases.
Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).
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... the registration authority or such other public authority as may be prescribed.
A person in respect of whom a direction has been given under section 167A may appeal to the First-tier Tribunal—
against the decision to give the direction;
against a decision not to vary or revoke the direction.
Regulations may—
provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence;
prescribe circumstances in which the Tribunal shall allow an appeal under this section;
prescribe the powers available to the Tribunal on allowing an appeal under this section.
Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter.
The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.
The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.
The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.
Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—
the registration authority (unless the appropriate authority is the registration authority), and
Supplementary
Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.
Regulations under this section may in particular—
require the provision of such information as is required for the purposes of determining whether the school is—
a children’s home in England (within the meaning of the Care Standards Act 2000), or
a provider of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016);
provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;
provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.
Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
any director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.
Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.
A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.
If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.
Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.
Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out any work to which section 142 applies—work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.
is carrying out that work in contravention of a direction under that section, or
The registration authority must serve on the proprietor of a registered school notice of—
any decision made by the authority under section 162 in relation to the school;
any determination or order made by the authority under section 165 in relation to the school;
any decision made by the authority under subsection (10) of that section in relation to the school.
For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.
In this Chapter—“appeal period” has the meaning given by section 165;“Chief Inspector” means—...... Her Majesty’s Chief Inspector of Education and Training in Wales;...“independent school standards” has the meaning given by section 157;“the register” means—...... the register of independent schools in Wales;“registered” means entered in the register;...“registration authority” means the Welsh Ministers.
For section 463 of the Education Act 1996 (c. 56) (meaning of “independent school”) there is substituted—
In section 327 of the Education Act 1996 (c. 56) ( local authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted “or at an independent school”.
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Miscellaneous and General
General duties of local authorities and governing bodies
A local authority shall make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children.
The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.
The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.
The proprietor of a 16 to 19 Academy must make arrangements to ensure that the proprietor's functions relating to the conduct of the Academy are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the Academy.
The Secretary of State may not—but this subsection does not restrict the Secretary of State's powers to enter into an agreement with, or give financial assistance to, an institution to which subsection (3) or (3A) applies.
enter into an agreement with the proprietor of an institution in England for the provision of further education, unless the agreement requires the proprietor to comply with the safeguarding duties, or
give financial assistance under section 14 to the proprietor of an institution in England for the provision of further education unless the assistance is given on terms requiring the proprietor to comply with the safeguarding duties,
“The safeguarding duties” are—
a duty to make arrangements to ensure that the proprietor's functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution, and
a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.
A person mentioned in any of subsections (1) to (3A) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
In this section—“child” means a person under the age of eighteen;“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.“proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution.
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Education and training outside schools
Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.
In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)—
in paragraph (b), after “another institution” there is inserted “ or any other establishment ”, and
after “other institution” there is inserted “ or establishment ”.
After subsection (6) there is inserted—
The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.
The power to make an order under subsection (4) is exercisable—
in relation to England, by the Secretary of State, and
in relation to Wales, by the National Assembly for Wales.
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For section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted—
Allowances in respect of education or training
Regulations may make provision authorising or requiring the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) to pay an allowance to or in respect of any eligible person who is over compulsory school age, in connection with his undertaking education or training of a prescribed description.
The relevant education or training must not be higher education.
Regulations may, in particular, make provision—
for determining whether a person is an eligible person in relation to any allowance,
prescribing information that must be supplied by or on behalf of any person before any allowance can be paid or continue to be paid to or in respect of him,
prescribing the period by reference to which any allowance of a periodic nature is to be paid,
prescribing the maximum allowance payable to or in respect of any person in respect of any period,
prescribing the maximum period during which an allowance may be payable to or in respect of any person,
where the amount of an allowance may vary to any extent according to a person’s circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him,
specifying whether any allowance in respect of any person is to be paid to him, to a parent of his or to any other person,
for any allowance under this section to be made available on such terms and conditions as may be prescribed, or determined under the regulations by the Secretary of State or the National Assembly for Wales, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined,
requiring the payment of an allowance to be suspended or terminated in any such circumstances,
for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals),
imposing obligations on the governing body of any maintained school or institution within the further education sector in relation to cases where the school or institution is providing the education or training referred to in subsection (1).
In this section and section 182—“governing body”—in relation to a pupil referral unit, means the local authority who maintain the unit, and in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a pupil referral unit.
For the purposes of this section, a “learning agreement” is a document which—
specifies conditions which—
relate to the attendance or conduct of, or completion of assigned tasks by, a person to whom an allowance is or may become payable (in this section referred to as “the student”), and
are either prescribed by regulations or, if regulations so provide, determined in accordance with any prescribed requirements by the person providing the relevant education or training,
contains a declaration by the student relating to compliance with those conditions, and
deals with such other matters as may be prescribed.
Regulations may require a learning agreement—
to be in the prescribed form, and
to be signed by the student and by or on behalf of such other persons as may be prescribed.
Without prejudice to the generality of section 181(3)(h), regulations may provide—
that a person is not eligible to receive an allowance unless the person providing the relevant education or training holds a learning agreement signed by him, and
that payment of an allowance is conditional on the person providing the relevant education or training from time to time determining that the student has complied with the learning agreement or has done so to a prescribed extent or in prescribed respects.
Regulations may—
enable or require a learning agreement to specify targets relating to the attendance, conduct or attainments of the student, and
enable or require the Secretary of State or the National Assembly for Wales, in any case where the person providing the relevant education or training determines that targets have been met, to make additional payments of allowance to or in respect of the student.
Without prejudice to the generality of section 181(3)(k), regulations may impose obligations relating to learning agreements on—
the governing body of a maintained school, or
the governing body of an institution within the further education sector.
Regulations may contain provision for determining the person by whom any relevant education or training is to be treated for the purposes of this section as being provided.
A learning agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.
In this section—“allowance” means an allowance under section 181;“relevant education or training” means the education or training referred to in that section.
If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by—
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... ...
local authority.
If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly’s determination, be exercisable instead by—
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a local authority.
A person or body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function.
Where any function is so exercisable by a local authority, the function shall be taken to be a function of that authority—
for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities),
for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and
subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities).
In this section “the 2000 Act” means the Local Government Act 2000 (c. 22).
The Secretary of State or the National Assembly for Wales may make arrangements for any person or body specified in the arrangements to exercise on his or its behalf, to such extent as is so specified, any function exercisable by him or the Assembly by virtue of regulations made by virtue of section 181 (including any such function in relation to appeals).
Any arrangements made under subsection (1) shall not prevent the Secretary of State, or as the case may be the National Assembly for Wales, from exercising the function in question himself or itself.
The Secretary of State or the National Assembly for Wales may make provision for enabling appeals—
to be so made to a person or body appointed for the purpose by the Secretary of State or the Assembly.
such amounts as the Secretary of State or the Assembly considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—in, or in connection with, the exercise of that function;
in paying allowances under section 181, or
by way of administrative expenses,
in a case where the function is exercisable by virtue of section 184(1), such remuneration as the Secretary of State or the Assembly may determine.
Any payment under subsection (2)(a) may be made subject to such terms and conditions as the Secretary of State or the National Assembly for Wales may determine; and any such conditions may in particular—
require the provision of returns or other information before any such payment is made;
relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.
The Secretary of State or the National Assembly for Wales may pay to any person or body appointed by him or it under subsection (1) such remuneration or administrative expenses (or both) as he or it may determine.
Student loans
Regulations may make provision for—
the repayment by the Secretary of State of amounts payable in respect of loans mentioned in paragraph (a), (b) or (c) of subsection (2);
reducing or extinguishing the amounts payable in respect of loans mentioned in paragraph (a) or (b) of subsection (2).
The loans are—
loans received under arrangements made under section 1 of the Education (Student Loans) Act 1990 (c. 6) by eligible persons who fulfil prescribed conditions;
loans received under arrangements made under section 22 of the Teaching and Higher Education Act 1998 (c. 30) by eligible persons who fulfil prescribed conditions;
loans received for educational purposes under such other arrangements as may be prescribed by the regulations, including arrangements made outside England and Wales, by eligible persons who fulfil prescribed conditions.
The regulations may, in particular, make provision—
for determining whether a person is eligible for the purposes of the regulations;
prescribing the circumstances and manner in which, and the times at which, payments are to be made, or amounts are to be reduced or extinguished;
allowing retrospective adjustments for the purposes of the regulations, including provision allowing the Secretary of State to require reimbursement of repayments, or to alter the amounts reduced or extinguished;
for imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to information to be given to the Secretary of State;
for the reimbursement by the Secretary of State of costs incurred by persons or bodies in complying with any such requirements;
for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of the procedure to be followed in connection with the appeals).
The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of the regulations (including any such function in relation to appeals).
Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.
The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (4) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body in, or in connection with, the exercise of that function.
Any payment under subsection (6) may be made subject to such terms and conditions as the Secretary of State may determine.
Such conditions may in particular—
require the provision of returns or other information before any such payment is made;
relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.
In this section—“prescribed” means prescribed by regulations;“regulations” means regulations made under this section by the Secretary of State.
Education action zones
Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.
School inspections
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Qualifications
Schedule 17 (which contains amendments of Part 5 of the Education Act 1997 (c. 44) relating to the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales) shall have effect.
A local authority may award or authenticate academic and vocational qualifications, and may in particular—
devise and administer a qualification or a course leading to a qualification,
register candidates,
set, administer and moderate examinations or other assessments, and
require the payment of fees in respect of the exercise of the power.
A local authority may secure the exercise by any other person of such of the authority’s powers under subsection (1) as the authority may specify.
A local authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate.
The powers under this section shall be regarded as always having been within the powers of a local authority; and this section is without prejudice to the generality of the powers of a local authority.
Special educational needs: Wales
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In section 14 of the Education Act 1996 (c. 56) (functions in respect of provision of primary and secondary schools), after subsection (4) there is inserted—
In section 318 of that Act (provision of goods and services in connection with special educational needs)—
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after subsection (3A) there is inserted—
Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.
Other provisions relating only to Wales
A local authority in Wales shall publish any qualifying material which the National Assembly for Wales provides to the authority for the purposes of this subsection.
A local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the authority for the purposes of this subsection.
The governing body of any school maintained by a local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the body for the purposes of this subsection.
For the purposes of this section, “qualifying material” is material the Assembly considers likely to—
assist parents in choosing schools for their children,
increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or
assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed.
No material published or provided under this section may name any individual to whom it relates.
The publication or provision of material by a local authority or governing body under this section shall be in such form and manner as may be prescribed.
The National Assembly for Wales may by regulations require any local authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.
For the purposes of this section, a partnership agreement is an agreement about how a local authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—
such matters as may be prescribed, and
such other matters as the authority and the governing body may agree.
Where a local authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).
Regulations under this section may—at such intervals, or in such circumstances, as may be prescribed.
require the parties to a partnership agreement to review the agreement, and
require a local authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,
Following a review of a partnership agreement, the parties may agree—but, where they fail to do so, subsection (3) applies as it applies where a local authority and governing body fail to reach agreement for the purposes of subsection (1).
not to change the agreement,
to amend the agreement in such a manner that it remains a partnership agreement, or
to replace the agreement with a new partnership agreement,
Following a review of a statement under subsection (3), the local authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).
Regulations under this section may make provision for the time by which a local authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.
In the discharge of their functions in relation to a school maintained by a local authority in Wales—must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.
the authority, and
the governing body and head teacher of the school,
The National Assembly for Wales may require—jointly, to draw up plans to facilitate the transition from primary school to secondary school of pupils at those primary schools who are admitted to the secondary school.
the governing body of each secondary school maintained by a local authority in Wales, or of each such secondary school belonging to a class specified in the requirement, and
the governing body of each of its feeder primary schools maintained by such an authority,
In determining whether, for the purposes of this section, a particular school is to be regarded as a feeder primary school, in relation to a particular secondary school, regard is to be had to any guidance given, from time to time, by the Assembly.
Regulations may—
provide for the Assembly to determine any disputes as to whether a particular school is a feeder primary school of a particular secondary school for the purposes of this section; and
make provision about plans under this section, including provision which specifies the period within which such plans are to be drawn up and provision about the content, review and amendment of such plans.
In carrying out any functions conferred on them by or under this section, governing bodies must have regard to any guidance given, from time to time, by the Assembly.
In the discharge of their functions under any enactment, the governing body of a school maintained by a local authority in Wales, and the head teacher of that school, must have regard to any plans drawn up by the governing body under this section which for the time being have effect.
Provision of services
Schedule 19 (transport for persons over compulsory school age) shall have effect.
In section 457 of the Education Act 1996 (c. 56) (charges and remissions policies), in subsection (4) (entitlement to complete remission of charges in respect of board and lodging on a residential trip), for paragraph (b) there is substituted—
For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by local authorities) there is substituted—
In section 512A of that Act (transfer of functions under section 512 to governing bodies)—
in subsection (2)—
in paragraph (a) for “section 512(1A) and (1B)” there is substituted “ section 512(3) and (4) ”,
in paragraph (b) for “section 512(3)(a)” there is substituted “ section 512ZB(1) ”, and
in paragraph (c) for “section 512(3)(b)” there is substituted “ section 512ZB(3) ”, and
in subsection (6) for “section 512(2)(b)” there is substituted “ section 512ZA(2) ”.
In section 114 of the School Standards and Framework Act 1998 (c. 31) (nutritional standards for school lunches for pupils at schools maintained by local authorities)—
in subsection (1), after “lunches for” there is inserted “ (a) ” and after “authorities” there is inserted,
in subsection (2), after “a school” there is inserted “ or for such other persons who are provided with school lunches free of charge ”, and
in subsection (3)(b), at the beginning there is inserted “ in the case of lunches provided to registered pupils at schools maintained by local authorities, ”.
Miscellaneous
Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions.
The regulations may, in particular, impose a function on—
a local authority, or
the governing body of a further education institution.
The regulations may, in particular, make a duty to provide a copy of a record conditional on the payment of a charge which does not exceed the cost of providing the copy.
In this section “further education institution” has the same meaning as in section 140.
The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.
The Secretary of State may by regulations require the proprietor of a 16 to 19 Academy to prevent the use in the Academy of specified equipment or specified materials without the approval of the Secretary of State.
The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person’s health or safety.
The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.
The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person’s health or safety.
In this section “further education institution” means an institution within the further education sector and “proprietor” has the same meaning as in the Education Act 1996.
Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.
Section 410 of the Education Act 1996 (c. 56) (which excludes the application of Part 5 of that Act in relation to a nursery school or in relation to a nursery class at a primary school) shall cease to have effect.
Schedule 20 (nuisance or disturbance on educational premises) shall have effect.
Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a local authority (in this section referred to as “the providing authority”) in respect of a person who belongs to the area of another local authority, for requiring or authorising the other authority (in this section referred to as the “home authority”) to pay to the providing authority—
such amount as the authorities may agree, or
failing agreement, such amount as may be determined by or under the regulations.
This section applies to —
primary education;
secondary education;
education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).
The regulations may provide for the amounts payable by one authority to another—
to reflect the whole or any part of the average costs incurred by local authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and
to be based on figures for average costs determined by such body or bodies representing local authorities, or on such other figures relating to costs so incurred, as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.
Regulations made under this section in relation to Wales by the National Assembly for Wales may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined—
where the providing authority and the home authority are both in Wales, by the National Assembly for Wales, or
where the providing authority is in Wales and the home authority is in England, by the Assembly with the consent of the Secretary of State.
Any dispute between local authorities in Wales as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the National Assembly for Wales.
Any dispute between a providing authority in Wales and a home authority in England as to whether the providing authority is entitled to be paid any amount by the home authority under the regulations shall be determined by the National Assembly for Wales with the consent of the Secretary of State.
In this section references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.
In section 493 of the Education Act 1996 (c. 56) (recoupment: cross-border provisions) for subsection (2) there is substituted—
The function of making regulations under section 494 of the Education Act 1996 (recoupment: excluded pupils), so far as exercisable in relation to Wales, is hereby transferred to the National Assembly for Wales.
The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section.
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General
Subject to subsection (2), any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
Subsection (1) does not apply to any order under—
paragraph 3(6) or 5 of Schedule 1.
No order or regulations shall be made by the Secretary of State under—unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
section 80(3),
section 82(4)(b),
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section 84(6),
section 86, or
section 125(4), or
section 141AA(6),
Subject to subsections (5) and (6), a statutory instrument which contains any order or regulations made under this Act by the Secretary of State and is not subject to the requirement in subsection (3) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (4) does not apply to an order under—
section 7(2),
section 87(3)(c), or
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section 216.
the order shall contain a statement to that effect, and
subsection (4) shall not apply.
Any statutory instrument containing regulations... made under section 32C(5) ...... by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales....
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Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.
Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act includes power—
to make different provisions for different cases or areas,
to make provision generally or only in relation to specific cases, and
to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Welsh Ministers think fit.
Nothing in this Act shall be regarded as affecting the generality of subsection (7).
Subsection (2) applies where—
this Act confers a function (in this section referred to as “the new function”) on the Secretary of State by amendment of another Act, and
any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).
The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.
Subsection (2) does not apply in relation to the amendment made by section 208(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);“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);“the local authority”, in relation to a school maintained (or proposed to be maintained) by a 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).
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.
The provisions of this Act referred to in subsection (2) are—
Part 1 (provision for new legal frameworks),
Part 2 (financial assistance for education and childcare),
Part 3 (maintained schools),
Part 6 (the curriculum),
in Part 9, section 153,
Part 10 (independent schools), and
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.
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).
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State by virtue of this Act, and
any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament.
Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State, or as the case may be the National Assembly for Wales, to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.
Regulations under subsection (1) may, in particular, make provision—
for any provision of this Act which comes into force before—to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;
another such provision has come into force, or
anything falling to be done under another such provision has been done,
for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the passing of this Act, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.
The amendments that may be made under subsection (2)(b) shall be in addition (and without prejudice) to those made by any other provision of this Act.
Nothing in this Act shall be read as prejudicing the generality of subsection (1).
In this section “statutory provision” has the same meaning as in Chapter 1 of Part 3.
Schedule 21 (which contains minor and consequential amendments) shall have effect.
The enactments specified in the first column of Schedule 22 (which include spent provisions) are repealed to the extent specified in the second column.
The following provisions shall come into force in accordance with provision made by the Secretary of State by order—sections 65 to 69 and Schedule 7, section 70 and Schedule 8, section 71, section 73, Part 6, sections 119 to 130 and Schedule 11, section 209, paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs, paragraphs 14, 17, 18, 56, 91 and 119 of Schedule 21, and section 215(1) so far as relating to those paragraphs, and Part 1 of Schedule 22, and section 215(2) so far as relating to that Part.
The following provisions shall come into force in accordance with provision made by the National Assembly for Wales by order—... section 139, sections 191 to 198 and Schedule 18, paragraphs 5 to 8 of Schedule 17, and section 189 so far as relating to those paragraphs, and Part 2 of Schedule 22, and section 215(2) so far as relating to that Part.
Subject to subsections (1) to (3), this Act shall come into force—
except in relation to Wales, in accordance with provision made by the Secretary of State by order, and
in relation to Wales, in accordance with provision made by the National Assembly for Wales by order.
An order under this section may—
make provision generally or for specified purposes only,
make different provision for different purposes, and
contain such transitional provisions and savings as the person making the order thinks fit.
This Act may be cited as the Education Act 2002.
This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).
Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
Except as provided by subsection (3), this Act extends to England and Wales only.
Incorporation and powers of governing body
In the following paragraphs of this Schedule—“the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);“the governing body” means the governing body of a maintained school incorporated under section 19(1).
The governing body shall be known as “The governing body of....” with the addition of the name of the school as for the time being set out in the school’s instrument of government.
The application of the seal of the governing body must be authenticated by the signature—together with the signature of any other member.
of the chairman of the governing body, or
of some other member authorised either generally or specially by the governing body to act for that purpose,
Every document purporting to be an instrument made or issued by or on behalf of the governing body and—shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.
to be duly executed under the seal of the governing body, or
to be signed or executed by a person authorised by the governing body to act in that behalf,
The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—
the conduct of the school, or
the provision of facilities or services under section 27.
The governing body may provide advice or assistance to—
the governing body of any other maintained school, whether or not maintained by the same local authority, or
any local authority.
The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.
The governing body of a maintained school in England may be a member of the foundation of another maintained school in England. In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.
The powers conferred by sub-paragraphs (1) , (2) and (2A) include, in particular, power—
to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,
to acquire and dispose of land and other property,
to enter into contracts,
to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and
to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2) or (2A) , or the provision of facilities and services under section 27.
The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—and any such consent may be given for particular borrowing or for borrowing of a particular class.
of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or
if an order under sub-paragraph (5) so provides, of the local authority;
The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—by the local authorities by whom those schools are maintained.
in the case of all maintained schools, or
in the case of any class of such schools specified in the order,
In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.
Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.
Sub-paragraphs (1) to (3) have effect subject to—
any provisions of the school’s instrument of government, and
any provisions of a scheme under section 48 of the 1998 Act ( local authorities’ financial schemes) which relates to the school.
Regulations may make further provision—
as to the general powers of the governing body, and
as to other matters relating to it as a body corporate.
If the school is discontinued, the governing body are dissolved by virtue of this paragraph—
on the discontinuance date, or
on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.
Sub-paragraph (1) does not apply if—
the school is a federated school in Wales, and
immediately after the discontinuance date, there will be more than one other school remaining in the federation.
“Federation” in sub-paragraph (1A) means a group of schools that are federated by virtue of Chapter 1 of Part 2 of the Education (Wales) Measure 2011 or were federated by virtue of section 24 before the coming into force of that Chapter, and “federated school” means a school forming part of a federation.
Sub-paragraph (1) does not apply if—
the school is a federated school in England, and
immediately after the discontinuance date, there will be more than one other school remaining in the federation.
“Federation” and “federated school” have the meanings given by section 24(2).
In this paragraph “the discontinuance date” means—
in relation to a school in England, whichever of the following is relevant—
the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 ...,
the date on which the school is discontinued under section 30 of the 1998 Act, ...
the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;
in relation to a school in Wales, whichever of the following is relevant—
the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013,
the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or
the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013
Effect on staffing of suspension of delegated budget
Community, voluntary controlled, community special and maintained nursery schools
The arrangements for the staffing of the school shall be determined by the local authority.
The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.
The authority shall, in connection with the exercise of their functions under paragraph 2, consult the governing body to such extent as the authority think fit.
In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), paragraph 2 shall have effect subject to the provisions of that section.
Foundation, voluntary aided and foundation special schools
The arrangements for the staffing of the school shall be determined by the local authority.
Except with the consent of the authority, the governing body shall not—
appoint any teacher to work at the school, or
dismiss any teacher at the school.
The authority may give the governing body directions—but the authority shall not give any directions under paragraph (a) except after consulting the governing body.
as to the educational qualifications of the teachers to be appointed for giving secular education, or
requiring them to dismiss any teacher at the school;
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.
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 authorised by regulations under section 31) the use of those premises is or would be under the control of any such person, the reference in paragraph 8 to the governing body shall be read as a reference to that person.
Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).
Paragraph 8 has effect subject to—
any provision made by an order under section 233(2)(d) or 234(2)(b) or (4)(b) of that Act, where the order provides that it is to have effect for determining the conditions of employment of persons to whom it applies.
Amendments of Part 2 of School Standards and Framework Act 1998
In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.
Section 48 of the 1998 Act ( local authorities’ financial schemes) is amended as follows.
In subsection (1) after “by the authority” there is inserted “ or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) ”.
In subsection (2) after paragraph (d) there is inserted—.
In section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—.
After section 51 of the 1998 Act there is inserted—
In Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where local authority may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted
Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.
In subsection (2)—
for “the teaching staff of” there is substituted “ teachers at ”, and
for “the teaching staff shall” there is substituted “ the teachers shall ”.
In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “ the total number of teachers ”.
In subsection (4), for “while holding the post of” there is substituted “ while he remains ”.
In subsection (6), for the words from “may” to the end there is substituted.
In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “ or engaged ”.
In section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “ or engaged ”.
Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.
In subsection (5)(b), after “employment” there is inserted “ or engagement ”.
In subsection (6), after “employed” there is inserted “ or engaged ”.
Admission arrangements
In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).
Section 86 of the 1998 Act (parental preferences) is amended as follows.
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After subsection (2) there is inserted—
In subsection (3)—
at the end of paragraph (a) there is inserted “ or ”, and
paragraph (b) is omitted.
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Subsection (6) shall cease to have effect.
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In subsection (9), for “provide for all pupils admitted to the school” there is substituted “ , or arrangements such as are mentioned in subsection (3B), provide for all pupils selected under the arrangements ”.
In section 87 of the 1998 Act (no requirement to admit children permanently excluded from two or more schools) for subsection (4) there is substituted—
Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows.
For subsection (2) there is substituted—
In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”.
In subsection (8), after paragraph (f) there is inserted—.
After that subsection there is inserted—
For subsection (9) there is substituted—
After that subsection there is inserted—
In section 90(1)(b) of the 1998 Act (reference of objections to adjudicator or Secretary of State), for “consulted by the admission authority under section 89(2)” there is substituted “ who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section ”.
For section 92 of the 1998 Act (publication of information about admissions) there is substituted—
Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.
After subsection (1) there is inserted—
After subsection (2) there is inserted—
In subsection (3), after “(2)” there is inserted “ or (2A) ”.
In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.
In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.
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In section 96(1) of the 1998 Act (direction to admit child to specified school) after “section” there is inserted “ to the governing body of a school for which they are not the admission authority ”.
For subsection (4) there is substituted—
For subsection (6) there is substituted—
Section 98 of the 1998 Act (admission for nursery education etc) is amended as follows.
For subsection (2) there is substituted—
In subsection (3), after “Chapter” there is inserted “ apart from subsections (4A) and (4B) ”.
After subsection (4) there is inserted—
In subsection (8) after “this section” there is inserted “ , apart from subsections (4A) and (4B), ”.
For subsection (9) there is substituted—
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In section 439(2) of the Education Act 1996 (c. 56) (specification of school intended to be named in a school attendance order), for “fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers)” there is substituted “ determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers) ”.
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Governing bodies consisting of interim executive members - Schedule to be inserted in School Standards and Framework Act 1998 as Schedule 1A
Academies: supplementary
Land
In the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35—
Miscellaneous
In section 98 of the Environmental Protection Act 1990 (definitions), in subsection (2)(e), for the words from “city academy” to “1996” there is substituted “ Academy ”.
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In section 54 of the Further and Higher Education Act 1992 (duty to give information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.
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The Education Act 1996 has effect subject to the following amendments.
In section 2 (definition of “secondary education” etc), in subsection (2A)(a), after “local authority” there is inserted “ or is an Academy ”.
In section 316 (children with special educational needs), in subsection (4)(b)(iii), for “a city academy” there is substituted “ an Academy ”.
In section 483A (special educational needs)—
in subsection (2)(b), for “a city academy” there is substituted “ an Academy ”, and
subsection (7) shall cease to have effect.
In section 537 (power to require information), in subsection (7)(b), for “city academy” there is substituted “ Academy ”.
In section 541 (power to require provision of information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”.
In section 550B (detention), in subsection (2)(c), for “city academy” there is substituted “ Academy ”.
In section 580 (index), at the appropriate place in the table there is inserted—
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Proposals for additional secondary schools: supplementary
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Proposals relating to sixth forms: implementation
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Establishment etc of schools: procedural changes
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School Teachers’ Review Body
There shall be not less than five or more than nine members of the Body (including the chairman).
A member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule).
A member may resign by notice in writing to the Secretary of State.
The Secretary of State may by notice in writing dismiss a member if the member—
is made bankrupt or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),
enters into an arrangement with his creditors, or
is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his duties whether by reason of physical or mental illness or otherwise.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for the entry relating to the body established under the School Teachers’ Pay and Conditions Act 1991 (c. 49) there shall be substituted the following—
The chairman may by notice in writing to the Prime Minister—
resign as chairman, or
resign as chairman and as a member of the Body.
Paragraph 4 shall apply to the chairman and for that purpose—
a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and
the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body.
If the chairman ceases to be a member of the Body he also ceases to be chairman.
The Secretary of State may appoint a member of the Body to act as deputy chairman.
The deputy chairman may by notice in writing to the Secretary of State—
resign as deputy chairman, or
resign as deputy chairman and as a member of the Body.
If the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman.
This paragraph applies to—
a member of the Body;
the chairman;
the deputy chairman.
The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies.
The Secretary of State may make payments to or in respect of a person to whom this paragraph applies by way of or in connection with—
a pension;
an allowance or gratuity on retirement or death.
The Secretary of State may pay compensation to a person who ceases to be a member of the Body if the Secretary of State thinks it right by reason of special circumstances.
The Body shall determine their own proceedings (including any provision for a quorum).
The validity of proceedings of the Body shall not be affected by—
a vacancy in the membership,
a vacancy in the position of chairman, or
a defect in the appointment of a member.
An appointment made by the Prime Minister under section 1(1) of the School Teachers’ Pay and Conditions Act 1991 (c. 49) shall continue to have effect, subject to paragraphs 3, 4 and 6 to 11, after the commencement of this Schedule.
REGULATIONS ABOUT DECISIONS UNDER SECTION 141B
Regulations: general
The Secretary of State must make regulations in accordance with the following provisions of this Schedule.
Procedure for decisions under section 141B(2)
Regulations under paragraph 1 must make provision about the procedure to be followed by the Secretary of State in reaching a decision under section 141B(2).
The regulations must not require a person to give evidence or produce any document or other material evidence which the person could not be compelled to give or produce in civil proceedings in any court in England and Wales.
The regulations may make provision for any functions of the Secretary of State under section 141B to be excluded or restricted in such circumstances as may be specified in or determined under the regulations.
The circumstances include, in particular, where the Secretary of State considers this to be appropriate taking into account the powers of the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006.
Interim prohibition orders
Regulations under paragraph 1 may make provision for the Secretary of State to make an interim prohibition order, pending the Secretary of State's final decision under section 141B (2).
Regulations about interim prohibition orders must provide that an interim prohibition order may be made only if the Secretary of State considers that it is necessary in the public interest to do so.
Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order—if the person to whom the order relates makes an application to the Secretary of State for such a review.
within six months of the order being made, and
within each subsequent six month period,
Prohibition orders
Regulations under paragraph 1 may make provision—
about the service on a person to whom a prohibition order relates of notice of the order and of the right to appeal against the order under paragraph 5;
about the publication of information relating to the case of a person to whom a prohibition order relates;
prescribing circumstances in which a person to whom a prohibition order relates may nevertheless carry out teaching work (within the meaning of section 141A).
Regulations under paragraph 1 may also make provision—
as to the time when a prohibition order takes effect;
allowing a person to whom a prohibition order relates to apply to the Secretary of State for the order to be set aside;
as to the minimum period for which a prohibition order must be in effect before such an application may be made;
as to the procedure relating to such an application.
Appeals against prohibition orders
Regulations under paragraph 1 must make provision conferring on a person to whom a prohibition order relates a right to appeal against the order to the High Court.
The regulations must provide that an appeal must be brought within 28 days of the person being served with notice of the prohibition order.
No appeal is to lie from any decision of the Court on such an appeal.
In this paragraph, “prohibition order” does not include an interim prohibition order made by virtue of paragraph 3.
Supplementary provisions
Regulations under paragraph 1 may make incidental and supplementary provision, including provision—
where a prohibition order has effect in relation to a person, for the Secretary of State to serve notice of the order on the person's employer;
requiring the employer of such a person to take such steps in consequence of the order (which may include dismissing the person) as may be prescribed;
authorising the delegation of functions conferred by virtue of this Schedule and the determination of matters by any person or persons specified in the regulations.
Regulations under paragraph 1 may also make provision—
for the Secretary of State to make a decision in a particular case about the effect in England of an order prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland;
about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.
OFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS
Introduction
This Schedule makes supplementary provision relating to an offence under section 141G (breach of reporting restrictions relating to alleged offences committed by teachers).
In this Schedule “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market....
Domestic service providers: extension of liability
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Non-UK service providers: restriction on proceedings
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Exceptions for mere conduits
A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in—if the following condition is satisfied.
the provision of access to a communication network, or
the transmission in a communication network of information provided by a recipient of the service,
The condition is that the service provider does not—
initiate the transmission,
select the recipient of the transmission, or
select or modify the information contained in the transmission.
For the purposes of sub-paragraph (1)—includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
the provision of access to a communication network, and
the transmission of information in a communication network,
Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
The service provider is not guilty of an offence under section 141G in respect of the automatic, intermediate and temporary storage of information so provided, if—
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
the following conditions are satisfied.
The first condition is that the service provider does not modify the information.
The second condition is that the service provider complies with any conditions attached to having access to the information.
The third condition is that if the service provider obtains actual knowledge that—the service provider expeditiously removes the information or disables access to it.
the information at the initial source of the transmission has been removed from the network,
access to it has been disabled, or
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,
Exception for hosting
A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.
The condition is that—
the service provider had no actual knowledge when the information was provided that it contained offending material, or
on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.
“Offending material” means material the publication of which constitutes an offence under section 141G.
This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.
Interpretation
In this Schedule—“information society services”—has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;“recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;“service provider” means a person providing an information society service.
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The General Teaching Councils for England and Wales
Amendments of Teaching and Higher Education Act 1998
The Teaching and Higher Education Act 1998 (c. 30) is amended as follows.
In subsection (1) for “a register of teachers” there is substituted “ a register for the purposes of this Chapter ”.
In subsection (2), for “registration” there is substituted “ full or provisional registration ”.
In subsection (3) for “registration”, where first occurring and in paragraph (b), there is substituted “ full registration ”.
After subsection (3) there is inserted—
In subsection (4), for “registration” there is substituted “ full registration ”.
In subsection (2), after paragraph (b) there is inserted—.
After subsection (4) there is inserted—
After subsection (5) there is inserted—
After section 4 there is inserted—
After section 6 there is inserted—
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In section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—.
In section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.
In Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—
Schedule 2 (disciplinary powers of Council) is amended as follows.
For paragraph 4 (suspension orders) there is substituted—
In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—
Amendments of other enactments
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Regulation of child minding and day care
In section 79B of the Children Act 1989 (c. 41) (persons qualified for registration for child minding or day care), after subsection (5) there is inserted—
In section 79H of that Act (suspension of registration), after subsection (2) there is inserted—
Section 79M of that Act (appeals) is amended as follows.
In subsection (1), after paragraph (b) there is inserted.
In subsection (2)(a), after “order” there is inserted “ or determination ”.
Section 79Q of that Act (inspection of childminding and day care) is amended as follows.
In subsection (2), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any child minding provided in England by a registered person ”.
In subsection (3), for the words from “secure” to the end there is substituted “ at prescribed intervals inspect, or secure the inspection by a registered inspector of, any day care provided by a registered person on any premises in England ”.
Section 79U of that Act (rights of entry etc.) is amended as follows.
In subsection (1), for “An authorised inspector” there is substituted “ Any person authorised for the purposes of this subsection by the registration authority ”.
In subsection (2), for “an authorised inspector” there is substituted “ a person who is authorised for the purposes of this subsection by the registration authority ”.
After that subsection there is inserted—
In subsection (3), for the words from “An inspector” to “may-” there is substituted “ A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— ”.
Subsection (5) shall cease to have effect.
In subsection (9), the definition of “authorised inspector” shall cease to have effect.
In paragraph 4 of Schedule 9A to that Act (disqualification for registration for child minding and day care), after sub-paragraph (3) there is inserted—
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Inspection of nursery education
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Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.
In sub-paragraph (3), for “(5)(c)” there is substituted “ (5B) ”.
For sub-paragraphs (4) and (5) there is substituted—
In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “ (5B) ”.
Sub-paragraph (9) shall cease to have effect.
In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “ paragraph 8(5B) ”.
In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “ to (8) ”.
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Education action zones
Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31) is amended as follows.
In section 10, in subsection (1) for “maintained schools” there is substituted “ eligible schools ”.
After that subsection there is inserted—
Subsection (3) of that section is omitted.
In subsection (4) of that section, for “, (2) or (3)” there is substituted “ or (2) ”.
In subsection (6) of that section, for paragraphs (a) and (b) there is substituted—
Subsection (7) of that section is omitted.
In section 11, the following provisions are omitted—
in subsection (2) the words from “and” to the end, and
subsection (3).
After that section there is inserted—
After section 11A (inserted by paragraph 4) there is inserted—
After section 11C (inserted by paragraph 5) there is inserted—
After section 12(1) there is inserted—
Any provision of an order under section 10 of the School Standards and Framework Act 1998 (c. 31) having effect immediately before the commencement of this Schedule which requires the Forum to include one or two persons appointed by the Secretary of State shall be read as if it were a provision having the same effect as section 11A(1)(b) of that Act.
Any order under subsection (3) of section 10 of that Act which has effect immediately before the commencement of this Schedule shall continue to have effect on or after that time notwithstanding the repeal by this Act of that subsection.
Until such time as section 67 of this Act comes into force, the reference in section 10(6)(a)(i) of the School Standards and Framework Act 1998 (c. 31) to an Academy shall be read as a reference to a city academy.
Where before the commencement of this Schedule—the powers to alter the Forum’s membership conferred by section 11A of the School Standards and Framework Act 1998 are powers to alter the membership as so amended.
an education action zone has been established by an order under section 10(1) of that Act, and
the membership of the Forum set out in that order has been altered by virtue of section 14 of the Interpretation Act 1978 (c. 30),
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Amendments of Part 5 of Education Act 1997
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Section 29 of the Education Act 1997 (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows.
In subsection (1) for the words from “with respect to” to the end there is substituted
In subsection (2)—
in paragraph (a), for “such schools” there is substituted “ maintained schools or maintained nursery schools ”, and
paragraph (f) and the word “and” immediately preceding it are omitted.
After subsection (2) there is inserted—
Subsections (3) and (4) are omitted.
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In any order made before the commencement of this paragraph under section 30(1) of the Education Act 1997 (c. 44) (power to confer functions on Qualifications, Curriculum and Assessment Authority for Wales) any reference to functions falling within paragraph (f) of section 24(2) of that Act is to be taken to be a reference to those functions as extended by virtue of paragraph 2 of this Schedule.
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Special Educational Needs Tribunal for Wales
The Education Act 1996 (c. 56) is amended as follows.
In section 313 (code of practice), for subsection (5) there is substituted—
In section 326A (unopposed appeals), for subsection (6) there is substituted—
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In section 336A, for subsection (2) there is substituted—
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Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Education Tribunal for Wales under section 91(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place—
In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B—
the existing entry becomes sub-paragraph (a), and
after that sub-paragraph there is inserted—
The amendments made by any provision of this Schedule do not affect—before the coming into force of that provision.
appeals instituted under Part 4 of the Education Act 1996, or
claims made under section 28I of the Special Educational Needs and Disability Act 2001,
Regulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.
Transport for persons over compulsory school age
The Education Act 1996 is amended as follows.
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After section 509 there is inserted—
After section 509AA there is inserted—
After section 509AB there is inserted—
In section 509A (travel arrangements for children receiving nursery education otherwise than at school), after subsection (4) there is inserted—
Nuisance or disturbance on educational premises
Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a local authority) is amended in accordance with sub-paragraphs (2) to (6).
In subsection (2), after paragraph (a) there is inserted—
After that subsection there is inserted—
In subsection (3)(b) for “a local authority have” there is substituted “ the appropriate authority has ”.
For subsection (4) there is substituted—
For subsections (6) and (7) there is substituted—
After section 85 of the Further and Higher Education Act 1992 (c. 13) there is inserted—
Minor and consequential amendments
In section 25(5) of the Local Government Act 1974 (certain bodies to which Part 3 of that Act applies)—
for paragraph (c) there is substituted—, and
at the end of paragraph (d) there is inserted
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In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), for the definition of “free school transport” there is substituted—.
In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.
In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—.
In section 1(1) of the Education Act 1986 (payment of grant) for “either of them” there is substituted “ that body ”.
In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.
In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—.
In section 98(2) of the Environmental Protection Act 1990 (definition of “educational institution”), paragraph (c)(ii) is omitted.
In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for “to persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ suitable to the requirements of persons who have attained the age of fourteeen years ”.
Section 23(4)(b) of the Further and Higher Education Act 1992 (institutions maintained by local authorities: Secretary of State must approve exclusion of any property etc. from initial transfer to FE corporation) shall cease to have effect.
In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted.
In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—
subsection (1)(b) and the word “or” immediately preceding it,
subsection (8)(a), and
subsection (9).
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Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.
Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.
In subsection (1)—
for “persons who would, if they were pupils at a school, be in the fourth key stage” there is substituted “ persons of compulsory school age ”, and
in paragraph (a), for “in pursuance of arrangements falling within section 18(1)(aa) of this Act” there is substituted “ by virtue of section 18(1)(aa) or (ab) of this Act ”.
In subsection (2) for “such pupils” there is substituted “ persons of compulsory school age ”.
In section 54(1) of the Further and Higher Education Act 1992 (duty of certain bodies to give to the Learning and Skills Council for England or National Council for Education and Training for Wales information required for the purposes of the exercise of their functions under Part 1 of that Act), for “this Part of this Act” there is substituted “ any enactment ”.
Section 60 of the Further and Higher Education Act 1992 (saving as to persons detained by order of a court) shall cease to have effect.
In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which that Act applies) for paragraphs (b) and (c) there is substituted—.
In section 4 of the Education Act 1994 (qualifying activities and eligible institutions), subsection (4) shall cease to have effect.
In section 14 of the Education Act 1994 (qualification of teachers, etc.), subsections (1), (3) and (4) are omitted.
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In section 139 of the Employment Rights Act 1996 (redundancy), in subsection (3), for “governors” there is substituted “ governing bodies ”.
In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (7) for “governors” (in both places) there is substituted “ governing body ”.
In section 2 of the Education Act 1996 (definition of primary, secondary and further education), in subsection (4), after “subsection (2)(b)” there is inserted “ or (2A) ”.
Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.
After subsection (1) there is inserted—
In subsection (3) for “Subsection (1) also applies” there is substituted “ Subsections (1) and (1A) also apply ”.
In section 29 of the Education Act 1996 (provision of information by local authorities ), subsection (6) is omitted.
In section 313 of the Education Act 1996 (Code of Practice), in subsection (1), after “maintained schools” there is inserted “ and maintained nursery schools ”.
In section 315 of the Education Act 1996 (review of arrangements), in subsection (2) after “special schools” there is inserted “ and maintained nursery schools ”.
In section 316A of the Education Act 1996 (duty to educate children with special educational needs in mainstream school), in subsection (11)—
in paragraph (a), after “maintained school” there is inserted “ or maintained nursery school ”, and
in paragraph (b), the words “a maintained nursery school or” are omitted.
Section 317 of the Education Act 1996 (duties in relation to pupils with special educational needs) is amended as follows.
In subsection (1), for the words from the beginning to “shall” there is substituted “ The governing body of a community, foundation or voluntary school or a maintained nursery school shall ”.
For subsection (2) there is substituted—
In subsection (3)—
in paragraph (a), after “voluntary schools” there is inserted “ and maintained nursery schools ”, and
paragraph (b) and the word “and” preceding it are omitted.
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In section 317A(1) of the Education Act 1996 (duty to inform parent where special educational provision made), in paragraph (a)(i) after “school” there is inserted “ or a maintained nursery school ”.
Section 318 of the Education Act 1996 (provision of goods and services in connection with special educational needs) is amended as follows.
In subsection (1), after “voluntary schools” there is inserted “ or maintained nursery schools ”.
In subsection (2), after “voluntary schools” there is inserted “ , maintained nursery schools ”.
In section 321 of the Education Act 1996 (general duty of local authority towards children for whom they are responsible), in subsection (3), in paragraphs (a) and (b), after “maintained school” there is inserted “ or maintained nursery school ”.
In section 324 of the Education Act 1996 (statement of special educational needs), in subsection (5)(b) after “maintained school” there is inserted “ or maintained nursery school ”.
In section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body), in subsection (13)(a), the words “a maintained nursery school or” are omitted.
In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for “and” at the end of paragraph (a) there is substituted—
Section 408 of the Education Act 1996 (provision of information) is amended as follows.
In subsection (1)(a) after “the Learning and Skills Act 2000” there is inserted “ or the relevant provisions of the Education Act 2002 ”.
Subsection (4)(a) is omitted.
After subsection (4) there is inserted—
In subsection (6) for “this Part” there is substituted “ Part 6 ... of the Education Act 2002 ”.
After subsection (8) there is inserted—
Section 409 of the Education Act 1996 (complaints and enforcement: maintained schools) is amended as follows.
In subsection (1), the words “with the approval of the Secretary of State and” are omitted.
In subsection (2), after “by the authority” there is inserted “ , any maintained nursery school so maintained ”.
In subsection (3), before the “and” at the end of paragraph (a) there is inserted—.
Section 451 of the Education Act 1996 (prohibition of charges for provision of education) is amended as follows.
In subsection (3)(b) for “section 357(1) (implementation of National Curriculum)” there is substituted “ section 88 ... of the Education Act 2002 (implementation of National Curriculum for England ...) ”.
In subsection (4)(b) for “section 357(1)” there is substituted “ section 88 ... of the Education Act 2002 ”.
Section 484 of the Education Act 1996 (education standards grants) is amended as follows.
For any reference to the Secretary of State there is substituted a reference to the National Assembly for Wales.
In subsection (1), after “ local authorities ” there is inserted “ in Wales ”.
In subsection (2) the words “England and” are omitted.
Subsection (6) is omitted.
In section 499 of the Education Act 1996 (power to direct appointment of members of education committees) for subsection (9) there is substituted—
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In section 512A of the Education Act 1996 (transfer of functions under section 512 to governing bodies) in subsection (7) for the definitions of “delegated budget” and “maintained school” there is substituted—.
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In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words “or section 218(7) of the Education Reform Act 1988” are omitted.
In section 578 of the Education Act 1996 (meaning of “the Education Acts”), the reference to the School Teachers’ Pay and Conditions Act 1991 is omitted.
In section 579(1) of the Education Act 1996 (general interpretation)—
after the definition of “local government elector” there is inserted—,
after the definition of “modifications” there is inserted—and
after the definition of “regulations” there is inserted—.
In Schedule 27 to the Education Act 1996—
in paragraph 3A(1), after the words “maintained school”, in each place where they occur, there is inserted “ or maintained nursery school ”, and
in paragraph 8(1)(a), after “maintained school” there is inserted “ or maintained nursery school ”.
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In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for “section 351 of the Education Act 1996” there is substituted “ section 99 of the Education Act 2002 ”.
Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.
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In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.
In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for “by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)” there is substituted“ under section 142 of the Education Act 2002 (prohibition from teaching, &c.) ”.
In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—
the words “within the meaning of section 218(2) of the Education Reform Act 1988” are omitted, and
for paragraph (a) there is substituted—.
In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—.
In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from “the exercise” to the end there is substituted “ the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status) ”.
Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.
Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.
In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers’ salaries of fees for registration with General Teaching Council)—
for subsection (2)(b) there is substituted—, and
in subsection (4), for the definition of “schools” there is substituted—.
Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.
For section 15 of the Teaching and Higher Education Act 1998 (supply of information relating to dismissal or resignation of teachers, &c.) there is substituted—
Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.
In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—
in subsection (7), for “section 49 of the Education (No. 2) Act 1986” there is substituted “ section 131 of the Education Act 2002 ”,
in subsection (8), after “ local authorities ” there is inserted “ in Wales ”, and
for subsection (10)(b) there is substituted—.
Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.
In paragraph 1(4) for the words from “of any powers” to the end there is substituted
Paragraph 1(5) is omitted.
In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for “qualified teacher” there is substituted “ school teacher ”.
In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of “qualified teacher” there is substituted—.
In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.
In section 12 of the School Standards and Framework Act 1998 (functions of Education Action Forum), in subsection (4) for the words from “under sections” to “Schedule 17,” there is substituted “ under sections 35 to 37 of, or Schedule 2 to, the Education Act 2002 or under regulations made under those sections, ”.
Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers’ pay and conditions order) shall cease to have effect.
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Section 22 of the School Standards and Framework Act 1998 (maintenance of schools) is amended as follows.
In subsection (1)—
in paragraph (c), the words “under section 28” are omitted.
In subsection (4)(b), for the words from “under paragraph 2” to the end there is substituted “ under any enactment of providing new premises for the school ”.
In subsection (5)(b), for the words from “under paragraph 4” to the end there is substituted “ under any enactment of providing new premises for the school ”.
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Section 45 of the School Standards and Framework Act 1998 (budget shares of maintained schools) is amended as follows.
After subsection (1) there is inserted—
In subsection (3)—
in paragraph (a), for the words from “schools which” to “section 20(7)” there is substituted “ pupil referral units ”, and
Section 49 of the School Standards and Framework Act 1998 (maintained schools to have delegated budgets) is amended as follows.
In subsection (4) for “local schools budget” there is substituted “ local authority budget or schools budget ”.
In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from “under paragraph 6” onwards there is substituted “ under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act). ”
In section 61 of the School Standards and Framework Act 1998 (responsibility of governing body and head teacher for discipline) after subsection (7) there is inserted—
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Section 69 of the School Standards and Framework Act 1998 (duty to secure provision of religious education) is amended as follows.
In subsection (2), for “section 352(1)(a)” there is substituted “ section 80(1)(a) or 101(1)(a) ”.
In section 82 of the School Standards and Framework Act 1998 (modification of trust deeds), in subsection (1), after “provision of this Act” there is inserted “ , the Learning and Skills Act 2000 or the Education Act 2002 ”.
In section 101 of the School Standards and Framework Act 1998 (permitted selection), in subsection (4), for the words from “under” to the end there is substituted “ , and fallen to be implemented, under any enactment ”.
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In section 138 of the School Standards and Framework Act 1998 (orders and regulations) in subsection (4)(a), after “20(7)” there is inserted “ 45C(2), ”.
In section 142 of the School Standards and Framework Act 1998 (general interpretation) in subsection (1) after the definition of “employment” there is inserted—.
In section 143 of the School Standards and Framework Act 1998 (index)—
in the entry beginning “individual schools budget”, for “section 46(2)” there is substituted “ section 45A(3) ”,
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in the entry beginning “qualified teacher” for “qualified teacher” there is substituted “ school teacher ”,
in the entry beginning “school opening date” for “section 44(9)” there is substituted “ section 33(6) ”, and
after the entry beginning “school which has selective admission arrangements” there is inserted—.
In Schedule 3 to the School Standards and Framework Act 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 4(2)(a), for the words from “Part III” to “proposals)” there is substituted “ any enactment ”.
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Schedule 19 to the School Standards and Framework Act 1998 (required provision for religious education) is amended as follows.
In paragraph 1—
in sub-paragraph (2), for “that Act” there is substituted “ the Education Act 1996 ”.
Schedule 22 to the School Standards and Framework Act 1998 (disposal of land) is amended as follows.
In paragraph 1(1)(a) (disposals of land by governing body of foundation, voluntary or foundation special school), after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”.
In paragraph 2(1)(a) (disposals of land by foundation body)—
after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and
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In paragraph 3 (disposal of land by trustees)—
in sub-paragraph (1)(a)—
after “Schedule 6” there is inserted “ (including that provision as applied by any enactment) ”, and
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In paragraph 5 (discontinuance of schools)—
for sub-paragraph (1)(a) there is substituted—, and
In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.
Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.
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In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal)—
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at the end there is inserted.
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Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.
In subsection (1)(a) for “local schools budget” there is substituted “ schools budget ”.
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In Schedule 1 to the Freedom of Information Act 2000 (public authorities), for paragraph 52 there is substituted—
Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows.
For subsection (4)(b) there is substituted—.
Subsection (5) is omitted.
Repeals
Repeals coming into force in accordance with section 216(2)
Repeals coming into force in accordance with section 216(3)
Repeals coming into force in accordance with section 216(4)