Law

Education Reform Act 1988

United Kingdom · statute

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In force since 2026-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 272 provisions
  1. Title and introductory text
  2. 1 Duties with respect to the curriculum.
  3. 2 The National Curriculum.
  4. 3 Foundation subjects and key stages.
  5. 4 Duty to establish the National Curriculum by order.
  6. 5 Courses leading to external qualifications.
  7. 6 Collective worship.
  8. 7 Special provisions as to collective worship in county schools.
  9. 8 Religious education required in the basic curriculum: further provisions.
  10. 9 Exceptions, special arrangements and supplementary and consequential provisions.
  11. 10 Duties with respect to certain requirements.
  12. 11 Standing advisory councils on religious education.
  13. 12 Determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply.
  14. 12A Power of Secretary of State to direct advisory council to revoke determination or discharge duty.
  15. 13 Advisory councils: supplementary provisions.
  16. 14 Establishment of Councils.
  17. 15 Transfers of property and staff to Councils.
  18. 16 Development work and experiments.
  19. 17 Exceptions by regulations.
  20. 17A Exemption from sex education.
  21. 18 Pupils with statements of special educational needs.
  22. 19 Temporary exceptions for individual pupils.
  23. 20 Procedure for making certain orders: England.
  24. 21 Procedure for making certain orders: Wales.
  25. 22 Provision of information.
  26. 23 Complaints and enforcement.
  27. 24 Extension of certain provisions.
  28. 25 Interpretation of Chapter I.
  29. 26 Admissions to county and voluntary schools.
  30. 27 Standard numbers for admissions.
  31. 28 Procedure for reduction of standard number.
  32. 29 Special provisions in relation to admissions to primary schools.
  33. 30 Special arrangements in respect of admissions to aided or special agreement schools.
  34. 31 Consequential provisions.
  35. 32 Interpretation of Chapter II.
  36. 33 Schemes for financing county and voluntary schools.
  37. 34 Preparation and imposition of schemes.
  38. 35 Revision of schemes.
  39. 36 Delegation to governing body of management of school’s budget share.
  40. 37 Withdrawal of delegation.
  41. 38 Schemes: determination of budget shares.
  42. 39 Schemes: provision for financial delegation.
  43. 40 Initial implementation of delegation requirements under schemes.
  44. 41 Extension of delegation requirement under schemes in the case of primary schools.
  45. 42 Publication of schemes and financial statements, etc.
  46. 42A Certification of statements by Audit Commission.
  47. 43 Application of schemes to special schools.
  48. 44 Staff employed by the local education authority.
  49. 45 Staff at aided schools.
  50. 46 Staff: further provisions.
  51. 47 Community Schools.
  52. 48 New schools.
  53. 49 Required financial delegation apart from schemes.
  54. 50 Financial statements in respect of schools not covered by statements under section 42.
  55. 51 Interpretation of Chapter III and supplementary and consequential provisions.
  56. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  57. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  58. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  59. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  60. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  62. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  63. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  64. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  65. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  67. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  78. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  79. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  81. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  83. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  84. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  85. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  86. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  89. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  91. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  92. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  93. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  94. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  95. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  96. 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  97. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  98. 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  99. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  100. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  101. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  103. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  104. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  105. 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  106. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  107. 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  108. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  109. 105 Agreements for establishment, etc., of city technology colleges and city colleges for the technology of the arts.
  110. 106 Prohibition of charges, etc., in maintained schools.
  111. 107 Provision for cases where education is provided partly during and partly outside school hours.
  112. 108 Recovery of wasted examination fees.
  113. 109 Permitted charges.
  114. 110 Charges and remissions policies.
  115. 111 Charges for board and lodging at boarding schools.
  116. 112 Extension of powers as to trusts for religious education.
  117. 113 Schemes under the Endowed Schools Acts.
  118. 114 Extension of power to require local education authority to defray expenses of establishing controlled school.
  119. 115 Power to determine times of school sessions, etc.
  120. 116 Provision for delegation of functions by governing bodies of county, voluntary and maintained special schools.
  121. 117 Obligation to enter pupils for prescribed public examinations.
  122. 118 General and supplementary provisions relating to charges.
  123. 119 Interpretation of Part I.
  124. 120
  125. 121 Initial incorporation of higher education institutions maintained by local authorities.
  126. 122 Orders incorporating higher education institutions maintained by local authorities in Wales.
  127. 122ZA Orders for further education corporations in England to become higher education corporations
  128. 122A Orders transferring further education corporations in Wales to higher education sector.
  129. 123 Provisions supplementary to sections 121 to 122A.
  130. 123A Principal powers of a higher education corporation in England
  131. 123B Supplementary powers of a higher education corporation in England
  132. 124 Powers of a higher education corporation in Wales.
  133. 124ZA Instrument of government of higher education corporations in England
  134. 124ZB Proceedings etc. of higher education corporations in England
  135. 124A Constitution and conduct of higher education corporations in Wales.
  136. 124B Accounts.
  137. 124C Initial and transitional arrangements : Wales.
  138. 124D Exercise of Powers by Privy Council.
  139. 124E Articles of government: higher education corporations in England
  140. 125 Articles of government : higher education corporations in Wales.
  141. 125A Charitable status of a higher education corporation.
  142. 126 Transfer of property, etc., to higher education corporations.
  143. 127 Transfer of staff to higher education corporations.
  144. 128 Dissolution of higher education corporations in Wales.
  145. 127A Dissolution of higher education corporations in England
  146. 129 Designation of institutions.
  147. 129A Government and conduct of designated institutions.
  148. 129B Designated institutions conducted by companies.
  149. 130 Transfer of property, etc., to certain designated institutions.
  150. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  151. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  152. 133 Payments ...in respect of persons employed in the provision of higher or further education.
  153. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  154. 135 Inspection of accounts.
  155. 136 Transfer to Polytechnics and Colleges Funding Council of property and staff of NAB.
  156. 137 Control of disposals of land.
  157. 138 Construction of references to land held for the purposes of an institution.
  158. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  159. 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  160. 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  161. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  162. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  163. 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  164. 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  166. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  167. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  168. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  169. 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  170. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  171. 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  172. 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  173. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  174. 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  175. 156 Government and conduct of certain further and higher education institutions.
  176. 157 Variation of trust deeds, etc.
  177. 158 Reports and returns to Secretary of State.
  178. 159 Information with respect to educational provision in institutions providing further or higher education.
  179. 160 Adjustments of block grant in respect of expenditure on advanced further education.
  180. 161 Interpretation of Part II.
  181. 162 Abolition of ILEA.
  182. 163 New local education authorities for areas in inner London.
  183. 164 Extension of functions of London Residuary Body.
  184. 165 Development plans for education.
  185. 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  186. 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  187. 168 Transfers of property, rights and liabilities.
  188. 169 Approval of management structure and senior appointments in initial period.
  189. 170 Establishment and functions of staff commission.
  190. 171 Remuneration of employees.
  191. 172 Power to transfer staff.
  192. 173 Compensation for loss of employment or loss or diminution of emoluments.
  193. 174 Continuity of employment in certain cases of voluntary transfer.
  194. 175 Offers of employment by inner London councils.
  195. 176 Provision of services and facilities by London Residuary Body.
  196. 177 Repayment by London Residuary Body of loans to ILEA.
  197. 178 Liability of London Residuary Body for redundancy and compensation payments.
  198. 179 Payment of pensions and pensions increase by London Residuary Body.
  199. 180 Custody of residuary property, etc.
  200. 181 Power of London Residuary Body to pay compensation.
  201. 182 Preparation of ILEA’s final accounts.
  202. 183 Directions of Secretary of State.
  203. 184 Preparatory expenditure of inner London councils.
  204. 185 London Residuary Body: financial provisions.
  205. 186 Transitional functions of London Residuary Body in respect of block grant.
  206. 187 Winding-up of London Residuary Body.
  207. 188 Control of contracts.
  208. 189 Control of disposals.
  209. 190 Wrongful contracts or disposals.
  210. 191 Penalties for contravention of section 188 or 189.
  211. 192 Charities.
  212. 193 Information and access to documents.
  213. 194 Concurrent employment.
  214. 195 Continuity of exercise of functions.
  215. 196 Interpretation of Part III.
  216. 197 Education Assets Board.
  217. 198 Transfers under Parts I and II.
  218. 199 Loan liabilities excepted from transfer under Part II.
  219. 200 Grant-maintained schools: school property.
  220. 201 Wrongful disposals.
  221. 202 The University Commissioners.
  222. 203 Duty of Commissioners.
  223. 204 Powers of Commissioners.
  224. 205 Procedure for exercise of Commissioners’ powers.
  225. 206 Exclusion of visitor’s jurisdiction.
  226. 207 Power to make incidental, etc., provisions by Order in Council.
  227. 208 Corresponding provision for Northern Ireland.
  228. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  229. 210 Grants for the education of travellers and displaced persons.
  230. 211 Grants in respect of special provision for immigrants
  231. 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  232. 213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  233. 214 Unrecognised degrees.
  234. 215 Unrecognised degrees: enforcement.
  235. 216 Identification of bodies granting or providing courses for recognised awards etc.
  236. 217 Unrecognised degrees: Northern Ireland and Channel Islands.
  237. 218 School and further and higher education regulations.
  238. 218A Regulations under section 218(6): further provision.
  239. 219 Powers of the Secretary of State in relation to certain educational institutions.
  240. 220 Extension of functions of Audit Commission.
  241. 221 Avoidance of certain contractual terms.
  242. 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  243. 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  244. 224 Superannuation for staff of Further Education Unit.
  245. 225 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  246. 226 Services for schools in other member States providing education for British children.
  247. 227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  248. 228 Transfer of property to grant-aided institutions in Wales.
  249. 229 Power to make different provision for Wales in regulations under the 1944 and 1967 Acts.
  250. 230 Stamp duty.
  251. 231 Power to make incidental, consequential, transitional and supplementary provisions.
  252. 232 Orders and regulations.
  253. 233 Expenses.
  254. 234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  255. 235 General interpretation.
  256. 236 Commencement.
  257. 237 Amendments and repeals.
  258. 238 Citation, extent etc.
  259. SCHEDULE 1
  260. SCHEDULE 2
  261. SCHEDULE 3
  262. SCHEDULE 4
  263. SCHEDULE 5 Transition to Grant-Maintained Status
  264. SCHEDULE 6 Courses of Higher Education
  265. SCHEDULE 7 Higher education corporations in Wales established before the appointed day
  266. SCHEDULE 7A Higher education corporations in Wales established on or after the appointed day: instruments of government made by Privy Council
  267. SCHEDULE 8 The Funding Councils and the Assets Board
  268. SCHEDULE 9 Determination of Full-time Equivalent Enrolment Numbers
  269. SCHEDULE 10 Supplementary Provisions with respect to Transfers
  270. SCHEDULE 11 The University Commissioners
  271. SCHEDULE 12 Minor and Consequential Amendments
  272. SCHEDULE 13 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

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105 Agreements for establishment, etc., of city technology colleges and city colleges for the technology of the arts.

(1) The Secretary of State may enter into an agreement with any person under which— (a) that person undertakes to establish and maintain, and to carry on or provide for the carrying on of either— (i) an independent school to be known as a city technology college; or (ii) an independent school to be known as a city college for the technology of the arts; and having (in each case) such characteristics as are specified in the agreement and in subsection (2) below; and (b) the Secretary of State agrees to make payments to that person in consideration of those undertakings. (2) The characteristics mentioned above are that the school— (a) is situated in an urban area; (b) provides education for pupils of different abilities who have attained the age of eleven years . . . and who are wholly or mainly drawn from the area in which the school is situated; and (c) has a broad curriculum with an emphasis— (i) in the case of a school to be known as a city technology college, on science and technology; or (ii) in the case of a school to be known as a city college for the technology of the arts, on technology in its application to the performing and creative arts. (3) An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of— (a) conditions and requirements imposed for the purpose of securing that no charge is made in respect of admission to the school or, subject to such exceptions as may be specified in the agreement, in respect of education provided at the school; and (b) such other conditions and requirements with respect to the school as are specified in the agreement. (4) Payments under an agreement under this section may be in respect of capital or current expenditure and, in so far as they relate to the latter, the agreement shall provide for their continuance (subject to the fulfilment of the conditions and requirements mentioned in subsection (3) above) for a period of not less than seven years or for an indefinite period terminable by the Secretary of State by not less than seven years written notice. (5) Where such payments relate to capital expenditure, the agreement shall provide for the repayment to the Secretary of State, in the event at any time of the school discontinuing or ceasing to have the characteristics specified in the agreement and in subsection (2) above, of sums determined by reference to— (a) the value at that time of the school premises and other assets held for the purposes of the school; and (b) the extent to which expenditure incurred in providing those assets was met by payments under the agreement. (6) Without prejudice to subsection (4) above an agreement under this section may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure— (a) incurred by that person in carrying out the undertakings mentioned in subsection (1) above; or (b) incurred by that person (otherwise than by virtue of subsection (5) above) in consequence of the termination of the agreement.

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106 Prohibition of charges, etc., in maintained schools.

(1) No charge shall be made in respect of admission to any maintained school. (1A) Subsection (1) above shall not apply to the admission of any person to any maintained school for the purpose of— (a) part-time education suitable to the requirements of persons of any age over compulsory school age; or (b) full-time education suitable to the requirements of persons who have attained the age of nineteen years; or (c) teacher training. (2) Subject to subsection (3) below and section 107 of this Act, no charge shall be made in respect of the education provided for registered pupils at any such school during school hours. (3) Subsection (2) above shall not apply in relation to— (a) tuition in playing any musical instrument, where the tuition is provided either individually or to a group of no more than four pupils; or (b) any education provided at a grant-maintained school in pursuance of arrangements made under section 68(8) of the Education Act 1993. (4) No charge shall be made in respect of education provided for a registered pupil at any maintained school where the education is education to which subsection (2) above does not apply if it is— (a) required as part of any syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school; or (b) provided in pursuance of any of the duties imposed by section 10(1)(b) or (2)(a) of this Act; but this subsection shall not apply in relation to education provided at a grant-maintained school in pursuance of arrangements made under section 68(8) of the Education Act 1993. (5) No charge shall be made in respect of the entry of a registered pupil at any maintained school for any prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school. (6) Neither the parent of any such pupil nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with— (a) education provided for the pupil at the school in respect of which by virtue of this section no charge may be made; or (b) any syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school. (7) No charge shall be made in respect of transport provided for a registered pupil at any such school where the transport is either— (a) incidental to education provided for the pupil at the school in respect of which by virtue of this section no charge may be made; or (b) provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school. (8) For the purposes of subsection (7)(a) above, transport is incidental to education provided for registered pupils at any such school if it is provided for the purpose of carrying such pupils— (a) to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises; or (b) to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local education authority, from or to the school premises or any other such place. (9) Nothing in this section shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at any such school on a residential trip. (10) In this Chapter “residential trip ” means any trip— (a) which is arranged for registered pupils at any maintained school by or on behalf of the governing body or the local education authority; and (b) which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation. (11) For the purposes of this section, a pupil shall be regarded as having been prepared at a school for a syllabus for any prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

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107 Provision for cases where education is provided partly during and partly outside school hours.

(1) Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours— (a) if fifty per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 106(2) of this Act as provided during school hours; and (b) in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours. (2) In this section “school travelling time ” means time spent on travel during school hours; and for the purposes of subsection (1)(a) above, such time is connected school travelling time in relation to any educational activity if it is spent by the pupils taking part in the activity in getting to or from the place where the activity takes place. (3) Where any education provided at a maintained school is provided on a residential trip— (a) if the number of school sessions taken up by the trip is equal to or greater than fifty per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 106(2) of this Act as provided during school hours; and (b) in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours. (4) In this section a “half day ” means any period of twelve hours ending with noon or midnight on any day. (5) Where fifty per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated for the purposes of subsection (3) above as spent on the trip. (6) For the purposes of that subsection, a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip on which education is provided for registered pupils at the school if the time spent on the trip occupies fifty per cent. or more of the time allowed for that session at the school.

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108 Recovery of wasted examination fees.

(1) Notwithstanding section 106(5) of this Act, where— (a) the governing body of any maintained school or the local education authority have paid or are liable to pay any fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination; and (b) the pupil fails without good reason to meet any examination requirement for that syllabus; that body or authority may recover the amount of the fee from the pupil’s parent. (2) It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet any such examination requirement had good reason for the failure.

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109 Permitted charges.

(1) Subject to subsection (2) below, a charge may be made in respect of— (a) education or transport provided for a registered pupil at any maintained school other than education or transport in respect of which by virtue of section 106 of this Act or section 55(1) of the 1944 Act no charge may be made; (b) the entry of any such pupil for a public examination in any syllabus for that examination otherwise than in circumstances in which by virtue of section 106(5) of this Act no charge may be made; and (c) board and lodging provided for any such pupil on a residential trip. (2) A charge may not be made— (a) by virtue of subsection (1)(a) above in respect of the provision for a pupil of education or transport; or (b) by virtue of subsection (1)(b) above in respect of the entry of a pupil for an examination in any syllabus for that examination; unless the education or transport is provided or the pupil is entered for the examination in that syllabus by agreement with his parent; and any education, transport or examination entry in respect of which a charge may be made by virtue of either of those provisions is referred to below in this section as an “optional extra ”. (3) The following provisions of this section apply in relation to any charge permitted under this section, other than a charge in respect of education provided at a grant-maintained school in pursuance of arrangements made under section 57(5) of this Act; and any charge to which those provisions apply is referred to in those provisions as a regulated charge. (4) The amount of any regulated charge shall be payable by the parent of the pupil concerned. (5) A regulated charge shall not exceed the cost of the provision of the optional extra or the board and lodging in question. (6) Without prejudice to the generality of subsection (5) above, the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs— (a) incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra; (b) attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra; or (c) attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it. (7) Subject to subsection (8) below, the cost of the provision of an optional extra shall not be taken as including any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (6)(c) above. (8) Where the optional extra in question consists of tuition in playing any musical instrument the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition. (9) Where charging is permitted under this section and the charge would be a regulated charge, the question of whether any charge in respect of the optional extra or the board and lodging should be made, and the amount of any charge to be made, shall be determined— (a) in a case where the cost of the provision of the optional extra or board and lodging is met by, or from funds at the disposal of, the governing body, by the governing body; and (b) in any other case, by the local education authority. (10) The whole or any part of the amount of any charge the local education authority determine under subsection (9)(b) above to make— (a) shall, if the governing body so determine, be met by, or from funds at the disposal of, the governing body; and (b) shall not, to the extent that it is so met, be payable by the parent of the pupil concerned.

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110 Charges and remissions policies.

(1) Every governing body of a maintained school and every local education authority shall determine and keep under review a policy with respect to the provision of, and the classes or descriptions of case in which they propose to make charges for, any optional extra or board and lodging in respect of which charges are permitted by section 109 of this Act, other than education provided at a grant-maintained school in pursuance of arrangements made under section 68(8) of the Education Act 1993. (2) No such body or authority shall make such a charge unless they have both— (a) determined a policy under subsection (1) above with respect to the making of such charges (their “charging policy "); and (b) determined a policy (their “remissions policy ")— (i) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy; and (ii) in the case of such a policy determined by the governing body of any school other than a grant-maintained school, setting out also any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local education authority in accordance with the authority’s charging policy for any optional extra or board and lodging provided for a registered pupil at the school. (3) Any remissions policy determined by the governing body of a maintained school or by a local education authority shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if— (a) the education provided on the trip is education in respect of which by virtue of section 106 no charge may be made; and (b) his parents are in receipt of income support , family credit or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) or disability working allowance in respect of any period wholly or partly comprised in the time spent on the trip. (4) Any such body or authority shall keep under review any remissions policy determined by them under this section. (5) In this section “optional extra ” has the same meaning as in section 109 of this Act.

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111 Charges for board and lodging at boarding schools.

(1) Subject to the following provisions of this section, where any registered pupil at any maintained school is provided at the school with board and lodging there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging. (2) Where the board and lodging are provided for the pupil— (a) at a school maintained by a local education authority; and (b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him, then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school (3) Where the board and lodging are provided for the pupil— (a) at a grant-maintained school; and (b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him the whole of the charges payable under this section shall be payable by the authority instead of by the pupil’s parent. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where the local education authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority— (a) in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (6) below to be so remitted; and (b) in the case of charges payable to another local education authority or to the governing body of a grant-maintained school in respect of board and lodging . . ., shall pay so much of those charges as falls in accordance with that subsection to be so paid. (6) In the case of any such charges, the amount that falls to be remitted or paid by a local education authority by virtue of subsection (5) (a) or (b) above is— (a) such part of those charges as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in that subsection; or (b) if in their opinion such hardship cannot otherwise be avoided, the whole of those charges.

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112 Extension of powers as to trusts for religious education.

(1) Section 2 of the Education Act 1973 (special powers as to certain trusts for religious education) shall be amended as follows. (2) For subsection (1) there shall be substituted the following subsections— (1) Where the premises of a voluntary school or a grant-maintained school have ceased (whether before or after the passing of the Education Reform Act 1988) to be used for a voluntary school or, as the case may be, a grant-maintained school, or in the opinion of the Secretary of State it is likely they will cease to be so used, then subject to subsections (2) to (4) below, he may by order made by statutory instrument make new provision as to the use of any endowment if it is shown either— (a) that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religious denomination; or (b) that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (1C) below) the requirements of subsection (1A) below are fulfilled. (1A) The requirements of this subsection are— (a) that the school was or has been maintained as a voluntary school since 1st April 1945 (the coming into force of Part II of the Education Act 1944) or, in the case of a grant-maintained school, was so maintained from that date until immediately before it became a grant-maintained school; and (b) that religious education in accordance with the tenets of the denomination concerned— (i) is, and from that date has been, provided at the school; or (ii) where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used; in pursuance of section 27 or 28 of that Act (religious education in voluntary schools) or section 85 or 86 of the Education Reform Act 1988 (religious education in grant-maintained schools which were formerly voluntary schools). (1B) For the purposes of this section— “endowment ” includes property not subject to any restriction on the expenditure of capital; and “shown ” means shown to the satisfaction of the Secretary of State. (1C) For the purposes of this section— (a) where in the case of any school falling within subsection (1A)(a) above it is shown— (i) that religious education in accordance with the tenets of a particular denomination is provided at the school; or (ii) where the premises have ceased to be used for the purposes of the school, such religious education was so provided immediately before the premises ceased to be so used; such religious education shall be taken to have been provided at the school from 1st April 1945; and (b) where religious education in accordance with such tenets is shown to have been given to any pupils at a controlled school or a grant-maintained school which was a controlled school immediately before it became a grant-maintained school, the religious education shall be taken to have been given to them at the request of their parents; unless the contrary is shown. (3) In subsection (4) for the words from “in connection with voluntary schools or " to “such a school " there shall be substituted the following paragraphs— (a) in connection with schools which are voluntary schools or grant-maintained schools; or (b) partly in connection with such schools (or either description of such schools) and partly in other ways related to the locality served by the voluntary school or grant-maintained school at the premises that have gone or are to go out of use for such a school; .

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113 Schemes under the Endowed Schools Acts.

(1) Where under any provision (however expressed) of a scheme made under the Endowed Schools Acts 1869 to 1948 the power of the trustees under the scheme to apply any property to which the scheme relates for purposes authorised by the scheme is subject to the approval or order of any other person— (a) the scheme shall have effect as if no such approval or order was required; and (b) no liability shall be deemed to have been incurred in respect of any failure before the passing of this Act to obtain any such approval or order. (2) The Secretary of State may, on the application of any person whose approval or order would but for this section be required under such a scheme, direct that that requirement shall continue to have effect notwithstanding subsection (1)(a) above; but no liability shall be deemed to have been incurred in respect of any failure before the making of such a direction to obtain any such approval or order.

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114 Extension of power to require local education authority to defray expenses of establishing controlled school.

In section 2 of the Education (Miscellaneous Provisions) Act 1953 (power to require local education authority to defray expenses of establishing controlled school), in paragraph (b) (which limits the power conferred by that section to cases where the new school is required for pupils for whom accommodation in some other voluntary or grant-maintained school has ceased to be available) after the words “for whom " there shall be inserted the words “or for a substantial proportion of whom ".

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115 Power to determine times of school sessions, etc.

The following section shall be substituted for section 21 of the 1986 Act— Terms, holidays and sessions. 21 (1) The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the local education authority to determine the dates at which the school terms and holidays are to begin and end. (2) The articles of government for every such school shall provide for it to be the duty of the governing body to determine the times at which the school session or, if there is more than one, each school session is to begin and end on any day and, where the governing body propose to make any change in those times, for it to be their duty— (a) to consult the local education authority and the head teacher before taking any of the actions mentioned in paragraphs (b) to (g) below; (b) to include a statement in the report they are required to prepare by virtue of section 30 of this Act— (i) indicating that they propose to make a change in those times; (ii) specifying the proposed change and when they propose that it should take effect; and (iii) drawing attention to any comment on the proposal included as an annex to the report by virtue of paragraph (c) below and including such response to the comment as they may consider appropriate; (c) if so required by the local education authority, to include as an annex to that report such written comment on the proposal as the authority may provide for that purpose; (d) to provide an opportunity for discussion of the proposal at a parents’ meeting held by virtue of section 31 of this Act; (e) to consider any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification; (f) not to effect any change in those times except at the beginning of a school year; and (g) not less than three months before any change in those times is to take effect— (i) to inform the local education authority; and (ii) to take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are informed; of the change and of when it is to take effect. (3) For the purposes of any provision included in the articles of government for any such school by virtue of subsection (2) above, the times determined by the local education authority immediately before the coming into force of section 115 of the Education Reform Act 1988 as the times at which the school session or, if there is more than one, each school session is to begin and end on any day shall be taken to have been determined by the governing body. (4) The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body to determine— (a) the dates and times at which the school terms and holidays are to begin and end; and (b) the times at which the school session or, if there is more than one, each school session is to begin and end on any day. (5) The articles of government for every county, voluntary and maintained special school shall provide for the governing body to have power to require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.

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116 Provision for delegation of functions by governing bodies of county, voluntary and maintained special schools.

In section 8 of the 1986 Act (proceedings and tenure of office of governors of county, voluntary or maintained special school), in subsection (7) (provision that may be included in regulations made by the Secretary of State as to meetings and proceedings of governing bodies, etc.) the following paragraphs shall be inserted after paragraph (a)— (aa) for the establishment of committees by the governing bodies of such schools (whether or not including persons who are not members of the governing body concerned) and for the constitution, meetings and proceedings of such committees; (ab) for the delegation of functions of the governing body of any such school in prescribed circumstances to committees established by that body, to any member of that body or to the head teacher; .

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