Law

Education Act 2002

United Kingdom · statute

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In force since 2026-09-01, 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: 250 provisions

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250 provisions

187 Education action zones

Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.

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188 School inspections

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189 Amendments of Part 5 of Education Act 1997

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.

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190 Local authority functions: qualifications

(1) A local authority may award or authenticate academic and vocational qualifications, and may in particular— (a) devise and administer a qualification or a course leading to a qualification, (b) register candidates, (c) set, administer and moderate examinations or other assessments, and (d) require the payment of fees in respect of the exercise of the power. (2) 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. (3) A local authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate. (4) 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.

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191 Regional provision for special educational needs in Wales

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192 Directions to bring forward proposals to secure regional provision

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193 Powers of Assembly to make proposals to secure regional provision

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194 Welsh local authorities' powers to make regional provision

(1) 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— (4A) A local authority for an area in Wales may secure that regional schools for providing— (a) primary education, and (b) education that is secondary education by virtue of section 2(2)(a), are available for Wales or any part of Wales that includes the area of the authority. (4B) For this purpose a “regional school”, in relation to a local authority, is a school maintained by that authority which provides education to meet both— (a) the needs of pupils with particular special educational needs in their area, and (b) the needs of such pupils in the rest, or any other part, of Wales, whether or not the institution also provides education suitable to the requirements of other pupils. (2) In section 318 of that Act (provision of goods and services in connection with special educational needs)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after subsection (3A) there is inserted— (3B) A local authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection (1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.

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195 The Special Educational Needs Tribunal for Wales

Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.

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196 Publication and provision of material

(1) 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. (2) 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. (3) 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. (4) For the purposes of this section, “qualifying material” is material the Assembly considers likely to— (a) assist parents in choosing schools for their children, (b) increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or (c) assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed. (5) No material published or provided under this section may name any individual to whom it relates. (6) 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.

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197 Partnership agreements and statements

(1) 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. (2) 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— (a) such matters as may be prescribed, and (b) such other matters as the authority and the governing body may agree. (3) 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). (4) Regulations under this section may— (a) require the parties to a partnership agreement to review the agreement, and (b) 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, at such intervals, or in such circumstances, as may be prescribed. (5) Following a review of a partnership agreement, the parties may agree— (a) not to change the agreement, (b) to amend the agreement in such a manner that it remains a partnership agreement, or (c) to replace the agreement with a new partnership agreement, 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). (6) 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)). (7) 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. (8) In the discharge of their functions in relation to a school maintained by a local authority in Wales— (a) the authority, and (b) the governing body and head teacher of the school, must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.

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198 Transition from primary to secondary school

(1) The National Assembly for Wales may require— (a) 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 (b) the governing body of each of its feeder primary schools maintained by such an authority, 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. (2) 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. (3) Regulations may— (a) 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 (b) 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. (4) 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. (5) 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.

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199 Transport for persons over compulsory school age

Schedule 19 (transport for persons over compulsory school age) shall have effect.

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200 Remission of charges relating to residential trips

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— (b) the pupil’s parent is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, in respect of any period wholly or partly comprised in the time spent on the trip.

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201 Local authority functions concerning school lunches, milk etc.

(1) For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by local authorities) there is substituted— Local authority functions concerning provision of meals, etc. 512 (1) A local authority may provide— (a) registered pupils at any school maintained by the authority, (b) other persons who receive education at such a school, and (c) children who receive relevant funded nursery education, with milk, meals and other refreshments. (2) Where provision is made under subsection (1), it shall be made— (a) in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and (b) in a case within paragraph (c) of that subsection, at any place where education is being provided. (3) A local authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if— (a) any prescribed requirements are met, (b) a request for the provision of school lunches has been made by or on behalf of that person to the authority, and (c) either— (i) that person is eligible for free lunches (within the meaning of section 512ZB(2)), or (ii) in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches. (4) Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by local authorities to meet nutritional standards), any school lunches provided by a local authority pursuant to subsection (3) may take such form as the authority think fit. (5) A local authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils. (6) In this section— “prescribed” means prescribed by the Secretary of State by order; “relevant funded nursery education”, in relation to a local authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school— under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), and in consideration of financial assistance provided by the authority under those arrangements; “school lunch”— in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education, whether involving a set meal or the selection of items by him or otherwise; and references, in relation to a local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority. Duty to charge for meals etc. 512ZA (1) A local authority shall charge for anything provided by them under subsection (1) or (3) of section 512. (2) A local authority shall charge every person the same price for the same quantity of the same item. (3) This section is subject to section 512ZB. Provision of free school lunches and milk 512ZB (1) Where the local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge. (2) For this purpose a person is eligible for free lunches if— (a) he is within subsection (4), and (b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority. (3) Where a local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if— (a) the person is within subsection (4), and (b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority. (4) A person is within this subsection if— (a) his parent is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)), (iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or (iv) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or (b) he, himself, is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance, or (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed. (5) In this section “prescribed” and “school lunch” have the same meaning as in section 512. (2) In section 512A of that Act (transfer of functions under section 512 to governing bodies)— (a) in subsection (2)— (i) in paragraph (a) for “section 512(1A) and (1B)” there is substituted “ section 512(3) and (4) ”, (ii) in paragraph (b) for “section 512(3)(a)” there is substituted “ section 512ZB(1) ”, and (iii) in paragraph (c) for “section 512(3)(b)” there is substituted “ section 512ZB(3) ”, and (b) in subsection (6) for “section 512(2)(b)” there is substituted “ section 512ZA(2) ”. (3) 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)— (a) in subsection (1), after “lunches for” there is inserted “ (a) ” and after “authorities” there is inserted , or (b) other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996; , (b) in subsection (2), after “a school” there is inserted “ or for such other persons who are provided with school lunches free of charge ”, and (c) 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, ”.

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202 Further education institutions: records

(1) Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions. (2) The regulations may, in particular, impose a function on— (a) a local authority, or (b) the governing body of a further education institution. (3) 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. (4) In this section “further education institution” has the same meaning as in section 140.

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203 Further education institutions: hazardous material, etc.

(1) 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. (1A) 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. (2) 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. (3) 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. (4) 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. (5) 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.

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204 Baseline assessments

Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.

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205 Application of Part 5 of Education Act 1996 to nursery education

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.

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206 Nuisance or disturbance on educational premises

Schedule 20 (nuisance or disturbance on educational premises) shall have effect.

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207 Recoupment: adjustment between local authorities

(1) 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— (a) such amount as the authorities may agree, or (b) failing agreement, such amount as may be determined by or under the regulations. (2) This section applies to — (a) primary education; (b) secondary education; (c) education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision). (3) The regulations may provide for the amounts payable by one authority to another— (a) 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 (b) 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. (4) 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— (a) where the providing authority and the home authority are both in Wales, by the National Assembly for Wales, or (b) 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. (5) 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. (6) 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. (7) 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.

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208 Recoupment: special cases

(1) In section 493 of the Education Act 1996 (c. 56) (recoupment: cross-border provisions) for subsection (2) there is substituted— (2) Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local authorities ) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales. (2A) The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State. (2) 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. (3) 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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208A Recoupment: adjustment between local authorities and the YPLA

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209 Paid chairmen for local learning and skills councils

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210 Orders and regulations

(1) 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. (2) Subsection (1) does not apply to any order under— (a) section 165 or 192, or (b) paragraph 3(6) or 5 of Schedule 1. (3) No order or regulations shall be made by the Secretary of State under— (a) section 80(3), (b) section 82(4)(b), (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) section 84(6), (e) section 86, or (f) section 125(4), or (g) section 141AA(6), unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. (4) 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. (5) Subsection (4) does not apply to an order under— (a) section 7(2), (b) section 87(3)(c), or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) section 216. (6) If an order under section 122 or 122A contains only provisions which in the opinion of the Secretary of State give effect without significant modification to recommendations of the School Teachers’ Review Body— (a) the order shall contain a statement to that effect, and (b) subsection (4) shall not apply. (6A) 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 .... (6AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6B) 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. (7) Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act includes power— (a) to make different provisions for different cases or areas, (b) to make provision generally or only in relation to specific cases, and (c) to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Welsh Ministers think fit. (8) Nothing in this Act shall be regarded as affecting the generality of subsection (7).

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211 Wales

(1) Subsection (2) applies where— (a) 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 (b) 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). (2) 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. (3) For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made by virtue of subsection (2) or section 208(3) is to be treated as if it were revoking or varying a previous Order in Council. (4) Subsection (2) does not apply in relation to the amendment made by section 208(1).

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212 General interpretation

(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). (2) Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act. (3) The provisions of this Act referred to in subsection (2) are— (a) Part 1 (provision for new legal frameworks), (b) Part 2 (financial assistance for education and childcare), (c) Part 3 (maintained schools), (d) Part 5 (school organisation), except section 72 and Schedule 9, (e) Part 6 (the curriculum), (f) in Part 8, sections 119 to 146, (g) in Part 9, section 153, (h) Part 10 (independent schools), and (i) in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207. (4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act. (5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

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213 Financial provisions

(1) There shall be paid out of money provided by Parliament— (a) any expenditure incurred by the Secretary of State by virtue of this Act, and (b) any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament. (2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

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214 Transitional provisions etc.

(1) 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. (2) Regulations under subsection (1) may, in particular, make provision— (a) for any provision of this Act which comes into force before— (i) another such provision has come into force, or (ii) anything falling to be done under another such provision has been done, 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; (b) 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. (3) 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. (4) Nothing in this Act shall be read as prejudicing the generality of subsection (1). (5) In this section “statutory provision” has the same meaning as in Chapter 1 of Part 3.

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215 Minor and consequential amendments and repeals

(1) Schedule 21 (which contains minor and consequential amendments) shall have effect. (2) The enactments specified in the first column of Schedule 22 (which include spent provisions) are repealed to the extent specified in the second column.

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216 Commencement

(1) The following provisions shall come into force on the day on which this Act is passed— section 13, section 52(7) to (10), section 147, section 186, section 190, sections 210 to 214, and this section and section 217. (2) 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. (3) 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. (4) Subject to subsections (1) to (3), this Act shall come into force— (a) except in relation to Wales, in accordance with provision made by the Secretary of State by order, and (b) in relation to Wales, in accordance with provision made by the National Assembly for Wales by order. (5) An order under this section may— (a) make provision generally or for specified purposes only, (b) make different provision for different purposes, and (c) contain such transitional provisions and savings as the person making the order thinks fit.

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217 Short title and extent

(1) This Act may be cited as the Education Act 2002. (2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56). (3) Any amendment or repeal in this Act has the same extent as the provision amended or repealed. (4) Except as provided by subsection (3), this Act extends to England and Wales only.

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SCHEDULE 1 Incorporation and powers of governing body

Section 19(6) Introductory 1 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). Name and seal of governing body 2 (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. (2) The application of the seal of the governing body must be authenticated by the signature— (a) of the chairman of the governing body, or (b) of some other member authorised either generally or specially by the governing body to act for that purpose, together with the signature of any other member. (3) Every document purporting to be an instrument made or issued by or on behalf of the governing body and— (a) to be duly executed under the seal of the governing body, or (b) to be signed or executed by a person authorised by the governing body to act in that behalf, shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown. Powers of governing body 3 (1) The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with— (a) the conduct of the school, or (b) the provision of facilities or services under section 27. (2) The governing body may provide advice or assistance to— (a) the governing body of any other maintained school, whether or not maintained by the same local authority, or (b) any local authority. (2A) 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. (2B) 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. (3) The powers conferred by sub-paragraphs (1) , (2) and (2A) include, in particular, power— (a) 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, (b) to acquire and dispose of land and other property, (c) to enter into contracts, (d) to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on, (e) 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 (f) 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. (4) The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent— (a) of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or (b) if an order under sub-paragraph (5) so provides, of the local authority; and any such consent may be given for particular borrowing or for borrowing of a particular class. (5) 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— (a) in the case of all maintained schools, or (b) in the case of any class of such schools specified in the order, by the local authorities by whom those schools are maintained. (6) 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. (7) 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. (8) Sub-paragraphs (1) to (3) have effect subject to— (a) any provisions of the school’s instrument of government, and (b) any provisions of a scheme under section 48 of the 1998 Act ( local authorities’ financial schemes) which relates to the school. 4 Regulations may make further provision— (a) as to the general powers of the governing body, and (b) as to other matters relating to it as a body corporate. Dissolution of governing body 5 (1) If the school is discontinued, the governing body are dissolved by virtue of this paragraph— (a) on the discontinuance date, or (b) 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. (1A) Sub-paragraph (1) does not apply if— (a) the school is a federated school in Wales, and (b) immediately after the discontinuance date, there will be more than one other school remaining in the federation. (1B) “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. (1A) Sub-paragraph (1) does not apply if— (a) the school is a federated school in England, and (b) immediately after the discontinuance date, there will be more than one other school remaining in the federation. (1B) “Federation” and “federated school” have the meanings given by section 24(2). (2) In this paragraph “the discontinuance date” means— (a) in relation to a school in England, whichever of the following is relevant— (i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 ..., (ii) the date on which the school is discontinued under section 30 of the 1998 Act, ... (iii) the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006, or (iv) the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010; (b) in relation to a school in Wales, whichever of the following is relevant— (i) the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013, (ii) the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or (iii) the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013

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SCHEDULE 2 Effect on staffing of suspension of delegated budget

Sections 35(7) and 36(7) Part 1 Community, voluntary controlled, community special and maintained nursery schools 1 The arrangements for the staffing of the school shall be determined by the local authority. 2 The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit. 3 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. 4 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. Part 2 Foundation, voluntary aided and foundation special schools 5 The arrangements for the staffing of the school shall be determined by the local authority. 6 Except with the consent of the authority, the governing body shall not— (a) appoint any teacher to work at the school, or (b) dismiss any teacher at the school. 7 The authority may give the governing body directions— (a) as to the educational qualifications of the teachers to be appointed for giving secular education, or (b) requiring them to dismiss any teacher at the school; but the authority shall not give any directions under paragraph (a) except after consulting the governing body. 8 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. 9 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. 10 Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31). 11 Paragraph 8 has effect subject to— (a) any provision made by an order under section 231(2)(a) or 233(2)(a) of the Apprenticeships, Skills, Children and Learning Act 2009; (b) 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.

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SCHEDULE 3 Amendments of Part 2 of School Standards and Framework Act 1998

Section 40 Introductory 1 In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998. Expenditure incurred for community purposes 2 (1) Section 48 of the 1998 Act ( local authorities’ financial schemes) is amended as follows. (2) 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.) ”. (3) In subsection (2) after paragraph (d) there is inserted— (dd) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures; . 3 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— (za) facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.), . 4 After section 51 of the 1998 Act there is inserted— Expenditure incurred for community purposes Expenditure incurred for community purposes 51A (1) Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local authority may be recovered by them from the governing body. (2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year. (3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget. 5 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 or (c) are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.). Teachers engaged otherwise than as employees 6 (1) Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows. (2) In subsection (2)— (a) for “the teaching staff of” there is substituted “ teachers at ”, and (b) for “the teaching staff shall” there is substituted “ the teachers shall ”. (3) In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “ the total number of teachers ”. (4) In subsection (4), for “while holding the post of” there is substituted “ while he remains ”. (5) In subsection (6), for the words from “may” to the end there is substituted may— (a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and (b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement. . (6) In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “ or engaged ”. 7 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 ”. 8 (1) Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows. (2) In subsection (5)(b), after “employment” there is inserted “ or engagement ”. (3) In subsection (6), after “employed” there is inserted “ or engaged ”.

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SCHEDULE 4 Admission arrangements

Section 51 1 In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31). Meaning of “appeal panel” 2 In section 84(6) of the 1998 Act (interpretation of Chapter 1 of Part 3), in the definition of “appeal panel”, for “under Schedule 24 or 25” there is substituted “ in accordance with regulations under section 94(5) or 95(3) ”. Parental preferences 3 (1) Section 86 of the 1998 Act (parental preferences) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) After subsection (2) there is inserted— (2A) Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference. (4) In subsection (3)— (a) at the end of paragraph (a) there is inserted “ or ”, and (b) paragraph (b) is omitted. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Subsection (6) shall cease to have effect. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) 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 ”. Children permanently excluded from two or more schools 4 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— (4) However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if— (a) he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002, (b) on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided— (i) that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but (ii) that it would otherwise have been appropriate to give such a direction, or (c) he was so excluded at a time when he had not attained compulsory school age. (4A) In subsection (4) “the relevant authority” means— (a) the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or (b) a panel constituted in accordance with regulations under subsection (3)(c) of that section. Procedure for determining admission arrangements 5 (1) Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows. (2) For subsection (2) there is substituted— (2) Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely— (a) whichever of the governing body and the local authority are not the admission authority, (b) the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed, (c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and (d) the admission authorities for maintained schools of any prescribed description. (2A) Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if— (a) the admission authority are the school’s governing body, and (b) prescribed conditions are satisfied in relation to that year. (3) In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”. (4) In subsection (8), after paragraph (f) there is inserted— (fa) requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed; . (5) After that subsection there is inserted— (8A) The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it— (a) by giving a notice containing the information to prescribed persons, or (b) in any other prescribed manner. (6) For subsection (9) there is substituted— (9) Where the local authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5). (7) After that subsection there is inserted— (10) In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult. Reference of objections 6 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 ”. Publication of information 7 For section 92 of the 1998 Act (publication of information about admissions) there is substituted— Publication of information about admissions 92 Regulations may— (a) require the publication by a local authority of such information relating to admissions as may be prescribed, (b) require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed, (c) require or allow the publication by the governing body of any school maintained by a local authority, or by the local authority on behalf of the governing body, of such information relating to the school as may be prescribed, and (d) make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published. Appeal arrangements: general 8 (1) Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows. (2) After subsection (1) there is inserted— (1A) A local authority shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form. (3) After subsection (2) there is inserted— (2A) The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form. (4) In subsection (3), after “(2)” there is inserted “ or (2A) ”. (5) In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”. (6) In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals relating to children to whom section 87 applies 9 In section 95 of the 1998 Act (appeals relating to children to whom section 87 applies), for subsection (3) there is substituted— (3) An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations. (3A) Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision— (a) requiring prescribed information to be given to governing bodies in prescribed circumstances, (b) as to the procedure on such appeals, (c) for the payment by the local authority of allowances to members of an appeal panel, and (d) as to the matters to which an appeal panel is to have regard in considering an appeal. (3B) Regulations made by virtue of subsection (3A)(c) 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 an appeal panel. Direction to admit child to specified school 10 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 ”. Procedure for giving direction under section 96 11 (1) Section 97 of the 1998 Act (procedure for giving direction under section 96) is amended as follows. (2) For subsection (4) there is substituted— (4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so— (a) where the local authority referred to in subsection (1) are the admission authority for that school, they shall— (i) admit the child to the school, and (ii) give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and (b) in any other case, that school shall be specified in the direction. (3) For subsection (6) there is substituted— (6) A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the local authority to the head teacher of the school. Nursery education, special schools and children with statements 12 (1) Section 98 of the 1998 Act (admission for nursery education etc) is amended as follows. (2) For subsection (2) there is substituted— (2) The admission of children to a school for nursery education shall be disregarded— (a) for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and (b) in determining for the purposes of section 89A what is a relevant age group in relation to a primary school. (3) In subsection (3), after “Chapter” there is inserted “ apart from subsections (4A) and (4B) ”. (4) After subsection (4) there is inserted— (4A) The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school. (4B) Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools. (5) In subsection (8) after “this section” there is inserted “ , apart from subsections (4A) and (4B), ”. (6) For subsection (9) there is substituted— (9) Such children shall, in addition, be taken into account for the purposes of— (a) the references in section 86(5), (5B) and (9) to a number of pupils, and (b) any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year. ... 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 1996 14 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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SCHEDULE 7 Academies: supplementary

Section 65 Part 1 Land 1 In the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35— SCHEDULE 35A Academies: land Transfer schemes 1 (1) The Secretary of State may make a scheme in relation to land if these requirements are met— (a) a local authority holds a freehold or leasehold interest in the land when the scheme is made; (b) at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school; (c) at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used; (d) before making the scheme the Secretary of State consulted the authority. (2) The Secretary of State may also make a scheme in relation to land if these requirements are met— (a) a local authority holds a freehold or leasehold interest in the land when the scheme is made; (b) the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school; (c) before making the scheme, the Secretary of State consulted the authority. (3) These requirements must be met as regards a scheme under sub-paragraph (1) or (2)— (a) the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme; (b) the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy; (c) the transfer must be made to the transferee for the purposes of the Academy; (d) in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002; (e) the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned. (4) In sub-paragraph (3) the reference to a right or liability— (a) includes a reference to a right or liability as a trustee, but (b) excludes a reference to a liability in respect of the principal of or interest on a loan. (5) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (6) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b). (7) A scheme comes into force— (a) on the day it specifies for it to come into force, or (b) on the day it otherwise identifies as the day for it to come into force. (8) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies. (9) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person. Restriction on disposal 2 (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and (c) at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school. (2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option. (3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph. (4) Sub-paragraph (2) does not apply to— (a) a disposal in favour of a person for the purposes of an Academy and for no consideration; (b) a contract to make such a disposal; (c) a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration. (5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2). (6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given. 3 (1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2). (2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised. (3) In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed. (4) A repudiation under sub-paragraph (2) or (3) has effect— (a) when the notice is served, and (b) as if the repudiation were made by the authority. (5) In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily. (6) The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5). (7) On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy. (8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of— (a) the compensation agreed or awarded in respect of the purchase, (b) any interest payable by him in respect of the compensation, and (c) the costs and expenses incurred by him in connection with the making of the compulsory purchase order. (9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5). 4 (1) For the purposes of paragraphs 2 and 3— (a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest; (b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest. (2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest. Restriction on appropriation 5 (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and (c) at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school. (2) Unless the Secretary of State consents, the authority must not make the appropriation. 6 (1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2). (2) The Secretary of State may purchase the interest concerned compulsorily. (3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5). Duty to inform 7 (1) Sub-paragraph (2) applies if— (a) a freehold or leasehold interest in land is held by a local authority, (b) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and (c) at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school. (2) The authority must inform the Secretary of State of the proposal. Former Academies 8 (1) This paragraph applies if— (a) a freehold or leasehold interest in land is transferred from a local authority on or after 28th July 2000, (b) the transfer is made to a person for the purposes of an Academy, and (c) the first or the second condition set out below is satisfied. (2) The first condition is that— (a) the school concerned ceases to be an Academy, and (b) immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy. (3) The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy. (4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1. (5) Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school. (6) The Secretary of State may make a scheme providing for the transfer of the interest— (a) from the person holding it; (b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made. (7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (8) A scheme comes into force on the day it specifies for it to come into force. (9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies. (10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person. Disapplication of rule against perpetuities 9 Where— (a) a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and (b) at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions), the rule against perpetuities does not apply to the option. Other Acts 10 (1) Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c.20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease. (2) Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy. (3) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made— (a) to a person for the purposes of an Academy, and (b) for no consideration. (4) Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made— (a) by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and (b) for no consideration. Regulations 11 Regulations under this Schedule may in particular include— (a) provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1; (b) provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1; (c) provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1; (d) provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land; (e) provision treating such an authority as having given acknowledgement in writing of the right to production of documents; (f) provision that consent under paragraph 2 is to be sought in a specified way; (g) provision that information is to be given under paragraph 7 in a specified way. Class consents 12 For the purposes of paragraphs 2(2) and 5(2), the consent of the Secretary of State— (a) may be given in relation to a particular case or class of case, and (b) may be given subject to conditions. Interpretation 13 A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school. Part 2 Miscellaneous Environmental Protection Act 1990 (c. 43) 2 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 ”. ... 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further and Higher Education Act 1992 (c. 13) 4 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 ”. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 1996 (c. 56) 6 (1) The Education Act 1996 has effect subject to the following amendments. (2) In section 2 (definition of “secondary education” etc), in subsection (2A)(a), after “local authority” there is inserted “ or is an Academy ”. (3) In section 316 (children with special educational needs), in subsection (4)(b)(iii), for “a city academy” there is substituted “ an Academy ”. (4) In section 483A (special educational needs)— (a) in subsection (2)(b), for “a city academy” there is substituted “ an Academy ”, and (b) subsection (7) shall cease to have effect. (5) In section 537 (power to require information), in subsection (7)(b), for “city academy” there is substituted “ Academy ”. (6) In section 541 (power to require provision of information), in subsection (1)(b), for “city academy” there is substituted “ Academy ”. (7) In section 550B (detention), in subsection (2)(c), for “city academy” there is substituted “ Academy ”. (8) In section 580 (index), at the appropriate place in the table there is inserted— Academy | section 482 School Inspections Act 1996 (c. 57) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 1997 (c. 44) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . School Standards and Framework Act 1998 (c. 31) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Learning and Skills Act 2000 (c. 21) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 11 School Teachers’ Review Body

Section 119 Membership 1 There shall be not less than five or more than nine members of the Body (including the chairman). 2 A member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule). 3 A member may resign by notice in writing to the Secretary of State. 4 The Secretary of State may by notice in writing dismiss a member if the member— (a) is made bankrupt or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986), (b) enters into an arrangement with his creditors, or (c) 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. 5 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— Member, in receipt of remuneration, of the School Teachers’ Review Body. Chairman 6 The chairman may by notice in writing to the Prime Minister— (a) resign as chairman, or (b) resign as chairman and as a member of the Body. 7 Paragraph 4 shall apply to the chairman and for that purpose— (a) a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and (b) the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body. 8 If the chairman ceases to be a member of the Body he also ceases to be chairman. Deputy Chairman 9 The Secretary of State may appoint a member of the Body to act as deputy chairman. 10 The deputy chairman may by notice in writing to the Secretary of State— (a) resign as deputy chairman, or (b) resign as deputy chairman and as a member of the Body. 11 If the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman. Money 12 (1) This paragraph applies to— (a) a member of the Body; (b) the chairman; (c) the deputy chairman. (2) The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies. (3) 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) a pension; (b) an allowance or gratuity on retirement or death. (4) 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. Proceedings 13 The Body shall determine their own proceedings (including any provision for a quorum). 14 The validity of proceedings of the Body shall not be affected by— (a) a vacancy in the membership, (b) a vacancy in the position of chairman, or (c) a defect in the appointment of a member. Transitional provision 15 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.

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SCHEDULE 11A REGULATIONS ABOUT DECISIONS UNDER SECTION 141B

Section 141B Regulations: general 1 The Secretary of State must make regulations in accordance with the following provisions of this Schedule. Procedure for decisions under section 141B(2) 2 (1) 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). (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. (3) 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. (4) 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 3 (1) 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). (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. (3) Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order— (a) within six months of the order being made, and (b) within each subsequent six month period, if the person to whom the order relates makes an application to the Secretary of State for such a review. Prohibition orders 4 (1) Regulations under paragraph 1 may make provision— (a) 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; (b) about the publication of information relating to the case of a person to whom a prohibition order relates; (c) prescribing circumstances in which a person to whom a prohibition order relates may nevertheless carry out teaching work (within the meaning of section 141A). (2) Regulations under paragraph 1 may also make provision— (a) as to the time when a prohibition order takes effect; (b) allowing a person to whom a prohibition order relates to apply to the Secretary of State for the order to be set aside; (c) as to the minimum period for which a prohibition order must be in effect before such an application may be made; (d) as to the procedure relating to such an application. Appeals against prohibition orders 5 (1) 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. (2) The regulations must provide that an appeal must be brought within 28 days of the person being served with notice of the prohibition order. (3) No appeal is to lie from any decision of the Court on such an appeal. (4) In this paragraph, “prohibition order” does not include an interim prohibition order made by virtue of paragraph 3. Supplementary provisions 6 (1) Regulations under paragraph 1 may make incidental and supplementary provision, including provision— (a) 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; (b) 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; (c) 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. (2) Regulations under paragraph 1 may also make provision— (a) 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; (b) about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.

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SCHEDULE 11B OFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS

Section 141G Introduction 1 (1) This Schedule makes supplementary provision relating to an offence under section 141G (breach of reporting restrictions relating to alleged offences committed by teachers). (2) 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 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-UK service providers: restriction on proceedings 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions for mere conduits 4 (1) 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— (a) the provision of access to a communication network, or (b) the transmission in a communication network of information provided by a recipient of the service, if the following condition is satisfied. (2) The condition is that the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (3) For the purposes of sub-paragraph (1)— (a) the provision of access to a communication network, and (b) the transmission of information in a communication network, 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. (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. Exception for caching 5 (1) 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. (2) 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— (a) 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 (b) the following conditions are satisfied. (3) The first condition is that the service provider does not modify the information. (4) The second condition is that the service provider complies with any conditions attached to having access to the information. (5) The third condition is that if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information, the service provider expeditiously removes the information or disables access to it. Exception for hosting 6 (1) 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. (2) The condition is that— (a) the service provider had no actual knowledge when the information was provided that it contained offending material, or (b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it. (3) “Offending material” means material the publication of which constitutes an offence under section 141G. (4) This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider. Interpretation 7 (1) 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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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